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HomeMy WebLinkAboutresolution.council.094-05A RESOLUTION OF THE CITY OF ASPEN, COLORADO, TO PARTICIPATE WITH PITKIN COUNTY IN THE PURCHASE OF CERTAIN SMUGGLER MOUNTAIN PROPERTIES OWNED BY GEORGE WILKINSON. WHEREAS, there has been submitted to the City Council a Contract to Buy and Sell Real Property together with various Counterproposals between Pitkin County and George Wilkinson for the purchase of certain properties on Smuggler Mountain; and WHEREAS, the Contract contains a condition that the City of Aspen participate equally in the purchase of said property; and WHEREAS, Smuggler Mountain area, located east of the City of Aspen, has remained largely vacant and undeveloped during the growth of the resort community; and WHEREAS, the public lands around Smuggler Mountain as well as Smuggler Mountain Road have become heavily used recreational amenities for the residents of the City of Aspen and Pitkin County; and WHEREAS, Smuggler Mountain stands in dramatic contrast to other areas of private land surrounding the City of Aspen, which have been subject to intense development densities over the years; and WHEREAS, the voters of the City of Aspen have voted to impose upon themselves certain taxes for the acquisition and maintenance of open space and park lands; and WHEREAS, the City Council desires to purchase said properties on Smuggler Mountain for the continuing and future enjoyment of its citizens and guests and prevent private development upon said lands. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section One That the City Council of the City of Aspen hereby authorizes the City Manager to cooperate with Pitkiu County in the purchase of the Wilkinson holdings on Smuggler Mountain as identified in the above referenced Contract and is hereby authorized to spend up to seven million five hundred thousand dollars ($7,500,000.00) of Open Space Funds for said acquisition subject to the following conditions: 1. The City Attorney is satisfied that title to the properties to be purchased are substantially free of defects that would render the properties to be acquired unsuitable for their intended purpose. 2. The purchase of properties from George Wilkinson includes all property interest that he might have on Smuggler Mountain including, but not limited to, all surface, mineral and water rights held in his name or in the name of any other legal entity that he controls, or in which he holds any legal interest. 3. Title to all lands purchased from Wilk Wilkinson is held by the City of Aspen and Pitkin County in t/2 undivided interests. Dated: / 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 ~ o~' , 2005. Kathryn S. Koch, City Clerk JPW- saved: 11/21/2005496-G:\john\word\resos\smuggler purchase.doc