HomeMy WebLinkAboutresolution.council.101-05 RESOLUTION NO. {OI
Series of 2005
A RESOLUTION OF THE CITY OF ASPEN, COLORADO, TO AMEND AND RESTATE
RESOLUTION NO. 94, SERIES OF 2005, RELATING TO THE PURCHASE OF CERTAIN
SMUGGLER MOUNTAIN PROPERTIES OWNED BY GEORGE WILKINSON.
WHEREAS, on November 28, 2005, the City Council adopted Resolution No. 94, Series
of 2005, authorizing the City Manager to participate with Pitkin County in the purchase of
certain properties on Smuggler Mountain; and
WHEREAS, upon the recommendation of the City of Aspen Open Space and Parks
Board, the City Council desires to amend its previous authorization by further authorizing the
City Manager to negotiate the terms of a conservation easement and thereafter burden the newly
acquired properties with a conservation easement to protect the property from residential or
commercial development; and
WHEREAS the City Council desires to restate and amend its previous resolution on this
subject matter.
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 Pitkin 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 1/2 undivided interests.
4. The City Manager is hereby directed to negotiate a conservation easement to be
held by the Aspen Land Trust or other similar organization, to protect the newly acquired
properties from residential or commercial development.
H~l~n Kal~ Klm~'la~-Mayor
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 ~(~jg~/o~, 2005.
Kathryn S. ~96~ City C er
JPW- saved: 12/7/2005442-G:\john\word\resos\smuggler purchase amend.doc