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HomeMy WebLinkAboutresolution.council.015-81RECORD OF PROCEEDINGS RESOLUTION NO. t~-- (Series of 1~81) 100 Leaves A RESOLUTION APPROVING AND DIRECTING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF ASPEN AND THE HIGHLANDS SKIING CORPORATION RESOLVING A DISPUTE OVER THE OWNERSHIP AND EXERCISE OF THE NESTELL WATER RIGHT AND THE STEIN-ARLIAN AND MAROLT WATER RIGHT AND PROVIDING TERMS AND CONDITIONS FOR THE USE, MAINTENANCE AND OWNERSHIP OF THE MAROON CREEK FLUME, THE MAROON CREEK PIPELINE, AND VARIOUS EASEMENTS AND RIGHTS-OF-WAY THEREFOR WHEREAS, a dispute has arisen between the City of Aspen (the "City") and the Aspen Highlands Skiing Corporation (,,Highlands") over the ownership and exercise of the Nestell Water Right and the Stein-Arlian and Marolt Water Right; and WHEREAS, the City and Highlands desire to fully, completely and finally resolve all disputes between them as to the ownership and exercise of the above-described water rights and to provide terms and conditions for the use, maintenance and ownership of the Maroon Creek Flume, the Maroon Creek Pipeline and various ease- mentS and right-of-way therefor, all as contained in the provi- sions o[ the attached agreement, and WHEREAS, t~e best interestS of the consummation of the attached City will be served by the agreement between t~e City and High- lands. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section l The attached agreement between the City of Aspen and the Aspen Highlands Skiing Corporation is hereby approved and the Mayor is hereby authorized and directed to execute the same on behalf of the City of Aspen. Dated: ~ , 1981. I, Kathryn S. the City of Aspen, H~yo - Koch, duly appointed and acting City Clerk of Co£orado, hereby certify that the foregoing is RECORD OF PROCEEDINGS 100 Leaves accurate copy of that a true and Council of the City of Aspen, Colorado, at ~ day of ~ resolution adopted by the City a meeting held on the , 1981. City Clerk 2