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ORDINANCE NO. 13
(Series of 1971)
AN ORDINANCE VACATING THE ALLEY IN BLOCK 10, EAMES ADDITION TO THE
CITY OF ASPEN AND TOWNSITE OF ASPEN, AND RESERVING EXISTING EASEMENTS,
IF ANY,
WHEREAS, it is to the best interests of the City of Aspen that the
alley hereinafter described be vacated.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, THAT:
Section 1: The alley in Block 10, Eames Addition to the City
and Townsite of Aspen shall be, and the same hereby is, vacated as
a public alley.
Section 2: There is hereby reserved by the City of Aspen, ease-
ments for utility lines now existing and in place, if any.
Section 3: A public hearing on the Ordinance shall be held at
May 10~ 1971 , at 5:00 p.m., in the City Council
Chambers, City Hall, Aspen, Colorado.
INTRODUCED, HEAD AND ORDERED PUBLISHED THIS 26thday of
April
· AT_TEST:
~.._..~.f r ~City Clerk
FINALLY ADOPTED AND APPROVED THIS
, 1971
ATTEST:
~ City 'Clerk
/~ day of ~
SUPPLEMENTAL EASEMENT AGREEMENT
THIS SUPPLEMENTAL EASEMENT AGREEMENT made and entered into
this /6 day of April, 1971, by and between the CITY OF ASPEN
(hereinafter referred to as "Aspen") and ASPEN SKIING CORPORATION
(hereinafter referred to as "ASC"),
W I TNESSETH:
The following RECITALS:
'A. ASC has heretofore constructed, operated and maintained
a ski chair lift (Lift No. ~l)'over certain unimproved dedicated
streets and.alleys of Aspen.
B. ASC is the present holder of two easements over said
streets and alleys, to-wit:
(1) An easement, dated April 1, 1946, for the erection,
operation and maintenance of a cable ski chair lift
originally granted by the Board of County Commissioners
of Pitkin County, Colorado to Fried1 Pfeifer, which
easement is recorded in Book 199 at page 489 of the
official records of Pitkin County, Colorado (the lift
easement); and
(2) An easement, dated October 13, 1969, for skiing
and skiers' access to the base terminal of Lift No. 1.
granted by Aspen to ASC, which easement is recorded
in Book 244 at page 31 of the official records of
Pitkin County, Colorado (the skiing easement).
C. ASC acquired the lift easement by assignment from Friedl
Pfeifer, dated May 3, 1946 and recorded in Book 199 at page 492
of the official records of Pitkin County, Colorado; Aspen acquired
the streets and alleys subject to the lift easement by annexation
_. ~'arch 20, 1967, the annexation ordinance being recorded in
226 at 'o~ge .--~ of the offi,-::l records .. ?~'c~'~n Coa:~'cy,
SPECIAL WARRANTY DEED
Grantor, ASPEN SKIING CORPORATION, a Colorado corporation,
whose address is P.O. Box 1248, City of Aspen, County of Pitkin
and State of Colorado, for and in consideration of Grantor's
desire to improve the City of Aspen by making land'available for
a park or other municipal purposes and in further.consideration of
the vacating of the alley in Block 10, Eames Addition, City and
Townsite of Aspen, hereby donates and conveys to the' CITY OF ASPEN,
a municipal ~orporation organized, chartered and existing under~ the
Constitution of the State of Colorado, the following real property
in th~ City of Aspen, County of Pitkin and State of Colorado, to-wit:
All of Lots 1 through 7, Block 7,
Eames Addition
Ail of Lots 8 through 14, Block 7,
Eames Addition
All of Lots 1 through 3, Block 8,
Eames Addition -
Ail of Lot 3 and the West 22 feet
of Lot 4, Block 9, Eames Addition
Ail of Lot 12 and the West 22 feet
of Lot 11, Block 9, Eames Addition,
with all improvements and appurtenances, including, but not limited
to, an easement 42 feet in width upon, across and lying in portions
of Lots 10, 11 and 4, Block 9, and a portion of Lot 12, Block 8 of
said Eames Addition, which easement is appurtenant to the lands first
hereinabove described, is hereby donated and conveyed therewith, and
is itself more particularly described in a Quit Claim Deed, dated
May 27, 1963 and recorded on that same day in Book 202, page 404
of the official records of Pitkin County, Colorado.
Grantor warrants the title against all persons claiming under
it.
Executed this
[S E-A L]
ATTEST:/~
L.
__ day of A~ril, 1971.
ASPEN SKIING CORPORATION
T. Richardson, Vice President and
General Manager
G. Wilson, Assistant Secretary
STATE OF COLORADO )
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me this
/~ day of April, 1971, by T. Richardson as Vice President
and General Manager of Aspen Skiing Corporation, a Colorado
corporation.
Witness my hand and official seal.
My commission expires:~
My Commission expires June 14, 1973
~tar ~p~b/llc~
D. ASC intends to replace Lift No. 1 with a new higher
capacity chair lift (Lift No. lA) the base terminal of which
will be located in Block 10, EameS Addition to the City of Aspen
between Tower No. ~4 and Tower No. 5 of Lift No. 1..
E. In connection with the lift replacement project, Aspen
has vacated the alley in Block 10, Eames Addition and ASC has
conveyed to Aspen the following real property (hereinafter called
"the gift premises"): All of Block 7; Lots 1 through 3, Block 8;
Lots 3 and 12 and the West 22 feet of Lots 4 and 11, Block 9,
Eames Addition, with all improvements and appurtenances. The
base terminal buildings and facilities and the first 4 lift
towers of Lift No. 1 are improvements located on the gift premises.
F. Aspen and ASC desire to provide herein for modifications
of the lift easement and the skiing easement, for ASC's continued
operation and maintenance of Lift No. 1 during the construction
and early operation of Lift No. lA and for the eventual disassembly,
wholly or partially, of Lift No. 1.
NOW, THEREFORE, the parties hereto hereby agree as follows:
1. For a period of 9 months from and after the date hereof,
that is to and including January 16, 1972, ASC shall have and
Aspen hereby grants to ASC the right and privilege to use, operate
and maintain Lift No. 1 in the same manner and for the same purposes
as in the past ASC has used, operated and maintained said Lift No. 1
and for the following additional uses and purposes:
a) Such use as ASC may deem necessary or desirable
in connection with the construction, check-out and
operation of Lift No. lA, and
b) Use as an auxiliary lift for the transportation'
of ASC's customers or freight in conjunction with [
the ope{ation of Lift No. iA or in lieu of operating
Lift No. iA at such times as Lift No. lA is inoperative.
2. During the period s~ecified in Paragraph 1 hereof, the
lift easement and the skiing easement shall remain in full force
and effect and ASC shall be e~titled to the full use and enjoyment
of the rights and privileges therein granted both as to the streets
and alleys therein described'and as to the. gift premises which are
hereby brought within and included as part of the lands described
in said easements.
3. Upon the expiration of the period specified in Paragraph 1
hereof, the lift easement and the skiing easement shall automatically
terminate and Aspen hereby grants and conveys to ASC a new easement,
to be and become effective concurrently with the termination of
the aforesaid easements, which new easement is more particularly
described as follows:
A right of way 90 feet in width over, across
and upon Summit Street being 45 feet on each
side of the centerline of ASC's Lift No. lA
as finally constructed over and across the
said Summit Street,
TO HAVE AND TO HOLD the said easement unto ASC, its successors
and assigns for so long as it or its successors or assigns shall
continue to use, operate and maintain said Lift No. lA or any
substitute or replacement facility for the uphill transportation
or conveyance of skiers or others over and across the right of
way hereinabove described in this Paragraph 3.
4. The easement granted to ASC in Paragraph 3 hereof shall
be used for the purpose of constructing, operating and maintaining
Lift No. lA or any substitute or replacement facility and for the
purpose of skiing across the surface thereof. The easement .grant
therefore includes the surface and the airspace over and above
the surface, provided, however, that ASC shall not construct or
place any improvement, structure or obstacle upon the surface of
SUmmit Street or within the first 10 feet of the airspace over and
above the surface of Summit Street measured from the grade level of
Summit Street as it exists in place at the time of the completion
of the construction of Lift No. IA. ASC shall have the right to
move earth onto or off of and to relocate the present grade level of
Summit Street as may be necessary in connection with the construction
of Lift No. lA.
5. The easement granted to ASC in Paragraph 3 hereof shall not
be assigned or any rights thereunder be transferred without the
consent in writing of Aspen, provided however, that nothing contained
in this Paragraph 5 shall be deemed to prohibit the use of said
easement and right of way for skiing purposes by ASC's business
customers, invitees and licensees whose use thereof for skiing
purposes is hereby expressly granted, authorized and permitted.
6. Nothing contained herein shall restrict or limit Aspen from
improving or using Summit Street for the benefit of the public and
for vehicular traffic at such times as ASC is not conducting its
winter skiing operations thereon.
7. At any such time as ASC shall disassemble and remove Lift
No. 1, ASC shall leave in place all improvements and all portions of
Lift No. 1, including cable and lift chairs, now in place on the gift
premises and on Juan Street by dead ending the lift cable at Tower
No. 4 located on Lot 12, Block 9, Eames Addition.
8. This Agreement shall be binding upon the parties hereto,
their successors and assigns.
IN WITNESS WHEREOF,
Agreement as of the day and year
the parties hereto have executed this
At_test; ~
first above written.
Attest:
ASPEN SKIING CORPORATION
By
T. Richardson, Vice President and -
General Manager
L. G. ~ilson, Assistant Secretary
STATE OF COLORADO )
·
COUNTY OF PlTKIN
The foregoing instrument was acknowledged before me this
c>~day of April, 1971, by Eve Homeyer as Mayor and Lorraine
Graves as Clerk of the City of Aspen.
Witness my hand and official seal.
~ No they Public
STATE OF COLORADO,)
COUNTY OF PITKIN )
The foregoing instrument was a~knowledged before me this
day of April, 1971, by T. Richardson as Vice President and
General Manager of Aspen Skiing Corporation, a Colorado corporati~n.
Witness my hand and official seal.
~yCommissionexpir~Junel4,19;3
My commission expires:
Notar~ Public
-5-
STATE OF COLORADO )
) ss
COUNTY OF PITKIN )
CERTIFICATE
I, Lorraine Graves, City Clerk of Aspen, Colorado,
do hereby certify that the above and foregoing ordinance was
· d first
introduce , read by title, and passed on
reading at a.. regular meeting of the City Council of
the City of Aspen on . April 26 , 197_1_, and published
in the Aspen Times, a ~eekly ne~spaper of general circulation
published in the City of Aspen, Colorado,
April 29 ._, 197 1
approved at a _ r~g,l~r
on May 10 ,
Ordinance No. 13
in its issue
, and was finally adopted and
meetzno of the City Council
197_L_, and ordered published as
_, Series of 197_~_1, of said Ciny, as
provided by law.
IN WITNESS W}~REOF, I have hereunto set my hand a~d the
seal of said City of Aspen~ Colorado, this 10th
day of Ma~. ., 197 1
SEAL
~raine Graves~ City Clerk