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Home My WebLink Aboutresolution.council.020-83RECORD OF PROCEEDINGS 100 Leaves RESOLUTION NO. 20 (Series of 1983) A RESOLUTION ACCEPTING A DONATION OF APPROXIMATEY TEN (10) ACRES OF THAT PROPERTY LOCATED WITHIN THE CITY OF ASPEN, COUNTY OF PITKIN, COLORADO, COMMONLY KNOWN AS THE MAROLT RANCH WHEREAS, an offer to donate to the City an approximate ten (10) acre parcel of the Marolt Project has been tendered to the City in the form of a letter from Robert J. Joyce, Attorney for Marolt Associates and Opal Marolt, owners of the aforesaid parcel, a copy of which is annexed hereto and incorporated herein as Exhi- bit "A"; and WHEREAS, the aforesaid charitable donation had induced the City of Aspen to enter into a purchase agreement with respect to the remaining 25.5 acres of the Marolt Ranch on the terms and con- ditions set forth in Ordinance No. 15 (Series of 1983); and WHEREAS, the City Council desires to accept the aforesaid donation as described in the proposed deed, a copy of which is annexed hereto and incorporated as Exhibit "B", NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That the City of Aspen hereby accepts the donation of that approximate ten (10) acre parcel of that property located within the City of Aspen, County of Pitkin, Colorado, commonly known as the Marolt Ranch and more specifically described in that proposed deed annexed hereto and incorporated herein by reference as Exhi- bit "A", on the condition that said deed description is either approved by the City Engineer or amended as required by the City Engineer. Dated: , 1983. William L. S'~~ RECORD OF PROCEEDINGS Leaves I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held ~ ~-- , 1983. City Clerk Tills DEED Made this d.yof July ~9 ,between MAROLT ASSOCIATES, a Colorado general partnership of the County of Arapahoe and State of Colo- rado, of the first part, and .ll]uni ci pal , The City of Aspen dcorporationorganized anu existing under andhyvirtueofthelawsoftheStateof C010rad0 of ti~e second part: whose legal address is 130 South Galena Street, Aspen, Colorado 81611 ItECORDER'S STAMP gOPY TEN DOLLARS and other good and valuable consideration allofthefollowingdescribedlot orparcel ofiand, aituate, lyingandheinginthe City of Aspen County of Pi tki n and State of Colorado, to wit: See Exhibit A attached hereto and incorporated herein by this reference TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging or in anywise appertaining, and the reversion anti reversions, remainder and remainders, runts, isstles and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever of the said part y of the first part, either in law or TO HAVE AND 'fi) IIOLD the said premises above bargained and descrihed, with the appurtenances, unto the said party of tile second pa~[&t~{~t~!~;~..~d, ass~]a f¥1rover. And the said part y of the first part, for i t self, i ts ~,-~.~.~, as~a~mSlml~./~vdoes covenant, grunt, bargain and agree to and with these presents, i t i S well seized of the premises above conveyed, as of good, sure, perfect, absolute and indefeasihle estate of inheritance, in law, in fee simple, and ha good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all soewr, except the lien for real property taxes for 1983 and subsequent years, and except all easements, restrictions and reservations of record, anti the above bargained premises in the quiet and peaceful possession of the said party of the second part, its successor and assigns, against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the s.aid part y of t,~e first part sh.n and will WARE^NT af ~'O~ZVEE IN WITNESS WHEREO~, The said party of the first par~,~h, and seal the day and year first above written. ~k m__.9~lamtb, ~~~/~r&~ ~y: ~ )w~e~h ~. ~rolt, by Vi~Ki M~olP uy: ~bg~y ~a~om: Buchanan, his a~t9~9~ !9_[aq~ ....... ~-~.~4;~ ~]_~4~[__ ........ : ....... By: J6dy ~rie Harolt ~oregoinginst 'un eat was acknowledged before me this llth k,,~,~Vicki Marolt Buchanan, Peggy Marolt Eldridge, Ju~ ~ri~ a~d ~ith* ~y commission expires ~y 28, 1985 / WITNESS my hand and officlal~al. /TI l) - ~, ' _~~~ E, ~arolt, by Vicki Harolt Buchanan, his attorney in fact, being all the g~neral Partners of Marolt Associates. . . RECORD OF PROCEEDINGS 100 Leaves RESOLUTION NO. ~ (Series of 19]~-~-) A RESOLUTION ACCEPTING A DONATION OF APPROXIMATEY TEN (10) ACRES OF THAT PROPERTY LOCATED WITHIN THE CITY OF ASPEN, COUNTY OF PITKIN, COLORADO, COMMONLY KNOWN AS THE MAROLT RANCH WHEREAS, an offer to donate to the City an approximate ten (10) acre parcel of the Marolt Project has been tendered to the City in the form of a letter from Robert J. Joyce, Attorney for Marolt Associates and Opal Marolt, owners of the aforesaid parcel, a copy of which is annexed hereto and incorporated herein as Exhi- bit "A"; and WHEREAS, the aforesaid charitable donation had induced the City of Aspen to enter into a purchase agreement with respect to the remaining 25.5 acres of the Marolt Ranch on the terms and con- ditions set forth in Ordinance No. 15 (Series of 1983); and WHEREAS, the City Council desires to accept the aforesaid donation as described in the proposed deed, a copy of which is annexed hereto and incorporated as Exhibit "B". NOW, THEREFORE, BE CITY OF ASPEN, COLORADO: Section 1 That the City of Aspen IT RESOLVED BY THE CITY COUNCIL OF THE hereby accepts the donation of that approximate ten (10) acre parcel of that property located within the City of Aspen, County of Pitkin, Colorado, commonly known as the Marolt Ranch and more specifically described in that proposed deed annexed hereto and incorporated herein by reference as Exhi- bit "A". Dated: J~2~ , 1983. RECORD OF PROCEEDINGS 100 Leaves I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held /~ J~ , 1983. ~athryn S. ~o~h, City Clerk Robert J. Joyce Lynn S. Jordan Karen S. Burn Robert J. Joyce, P.C. Attorneys & Counselors at Law Denver National Bank Plaza 1125 Seventeenth Street, Suite 2160 Denver, Colorado 80202 (303) 534-6276 April 4, 1983 Mr. Paul Tadune City Attorney City of Aspen 130 South Galena Street Aspen, Colorado 81612 Re: Marolt CharitabIe Donation Dear Paul: As we discussed earlier this week, our clients Marolt Associates and Opal Marolt are considering making a gift of approximately 10 acres to the City of Aspen. They are desirous that the property be used as either open space or for such cultural purposes as are appropriate to the site in the view of the City Council and its advisors; howevc'~r, they have not determined any specific restrictions along this line and will not without further consultation. We, of course, understand that any such gift requires a resolution or ordinance by the City Council accepting the gift and a subdivision approval creating the right to divide the property in the first place. The Marolts have directed me to inform you that upon your general agreement to pursue this matter and the initiation of the resolution of acceptance in City Council and the subdivision process that they will execute a deed and deliver it to me under instructions for the deed to be tendered to you upon completion of these mentioned legal proceedings. RJJ:clt If you have any questions on this m~tter, please do not hesitate to call Sincerely~., / . ~- ~obert J. Joyce / ,' The city management and legal department have been instructed to proceed with subdivision processing and acceptance resolution appropriate to completion of the above referenced transaction this day of ., 1983. Paul Tadune City Attorney EXHIBIT A EXHIBIT A. COPy .LEGAL DESCRIPTION - Parcel A tract of land situate in Lot 9, 10, 13, SW 1/4 SW 1/4, Section TIOS, R85W, 6th P.M. and Lot 5 and NW 1/4 NW 1/4. Section 13, TIOSo R85Wo 6th P.M..described as follows: Beginning at a point whence the southwest corner of Lot 2 Adams Sub- division as recorded in the Pitkin County Clerk and Recorder's Office bears S 76° 39' 33" E a distance of 969.93 feet; thence S 25° 28' 00" W a distance of 60.00 feet; thence S 18° 14' 00" W a distance of 1107.77 feet; thence. S 40° 00' 00" E a distance of 114.98 feet; thence S 53° 34' 00" E a distance of 124.61 feet; thence N 81° 56' 00" E a distance of 254.45 feet; thence N O1° 57' 00" E a distance of 515.00 feet; thence N 30" 26' 00" E a distance of 596.19 feet; thence N 61° 20' 37" W a distance of 425.30 feet to the point of beginning, containing 10.10 acres more or less. COPY