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HomeMy WebLinkAboutresolution.council.009-76RECORD OF PROCEEDINGS 100 Leaves RESOLUTION NO. ~ (Series of 1976) WHEREAS, the City of Aspen did receive from the Representa- tives of the Estate of LEONARD M. THOMAS (Sellers) an exclusive Option to purchase 6.786 acres of land located in Pitkin County, colorado, more particularly described as: A tract of land being part of the NW¼NW¼, Sec. 13, T10S, R85W of the 6th P.M., more particularly des- cribed as follows: Beginning at the northwest corner of Sec. 13, T10S, R85W of the 6th P.M. being the same corner as approv- ed by the General Land Office from the Cutshaw Survey from the official plat dated November 8, 1888, whence an unapproved 1954 Bureau of Land Management Brass Cap bears N.33°58'E. 45.95 feet; thence S.89°52' E. 738.67 feet along the north line of the ~¼ of Sec. 13~ thence S.23°41' W. 506.46 feet; thence N.~9~52' W. 534.72 feet to the West line of the NW¼ of Sec. 13; thence N.00~03'40" W. 464.23 feet along the west line of the NW¼ of Sec. 13 to the point of beginning, containing 6.786 acres, more or less. Ail as provided in a certain ADDENDUM dated December 19, !972, and WHEREAS, by its Resolution No. 2, Series of 1974, the City Council did authorize the assignment of said Option to the Board of County Commissioners of Pitkin County, Colorado,(hereinafter "~oard") with certain conditions on use of the property and exercise of said Option by the Board, and WHEREAS, pursuant to said Resolution an Assignment of Option to Purchase was executed on behalf of the City of Aspen on January 21, L974, wherein said Assignment was conditioned on the exercise of the Option by the Board exclusively for the purpose of the development of open space, and WHEREAS, the 6.786 acres as a hospital site and adjacent the Board has since the date of the Assignment exercised said Option but the proposed hospital site does not include the subject property, nor does the Board wish to be other- wise limited in its future use of the 6.786 acres, and RECORD OF PROCEEDINGS 100 Leaves WHEREAS, the City Council wishes to disclaim any interest in the future enforcement of the conditions itemized in its earlier Assignment and Resolution and do so of record, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEM, COLORADO: That it does waive any and all right to enforce any conditions or limitations previously imposed by the City of Aspen in its Resolution No. 2, Series of 1974, or its Assignment of Option to Purchase, on the use and disposition of that real property hereinabove described, and does further absolve the Board of County Commissioners of Pitkin County, Colorado, their successors and ass~, from~c~/mpliance there- ~ith. / / ////×/ ~ Sy ST~NDLEY~R KATHRYN S./~A~TER, CITY CLERK I, KATHRYN S. HAUTER, duly appointed and acting City Clerk, certify that the foregoing is a true and accurate copy of a resolution adopted by the City Council at its meeting held ~ ~ , 1976. ~UTE~, CITY CLERK STATE OF COLORADO ) )SS.: COUNTY OF PITKIN ) Acknowledged before me this /~day of , 1976, ~y STACY STANDLEY, III, and KATHRYN S. HAUTER, known to me to be the Mayor and City Clerk of the City of Aspen, Colorado. ~?itness my hand and official seal. (SE~L) My commission expires ~Notary P~blic