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P~L OF RE~ ~O~RTY ~IS~G ~L OF BL~ 62, CITY ~D T~S~E
OF ~PEN ~L OF BLOCK ~, E~S ~DITXON, CITY ~D T~S~E OF ~N,
~D CERTAIN ADJOINING L~ ~Y ~N
PERTY, INTO ~O (2) LOTS, L~ 1 ~OF BEING AP~OXX~TELY 2~,084
SQUARE FEET ~D THE RE~INING LOT 2 ~ER~F, APPROXI~T~Y 40,931
SQUARE FEET~ APPROVING THE EX~GE OF L~ i SUBDIVIDED, TO
EXCH~GED FOR CERTAIN CITY ~ED L~ L~TED WITHIN ~E CITY ~D
T~SITE OF ~PEN, SPECIFI~LY L~S 7, 8' 9, ~0, !1,12, 14 ~D 15,
CAPITOL HILL ADDITION, ~NTAINING APPR~I~T~Y 20,860 SOUSE FEET~
AC~G A ~N~ION ~ ~E ~TY OF ~N OF L~ 2 OF ~E KO~ LURER
COHPANY SUBDIVISION COMPRISING APPROXI~TELY 40,931 SQUARE FEET~
AUTHORIZING BO~ THE ~YOR ~D THE CITY ~ANAGER TO E~CUTE
~S ~ ~Y BE NE~SS~Y TO ~NSU~TE ~E ~OR~AID T~SA~IONS
W~EREAS~ the owners of that real property, commonl~ known as the
"Koch Lumber Property," located generally in Block 62 and Block 1,
Eames Addition, City and Townsite of Aspen, a more accurate descrip-
tion of which appears on that plat entitled "Koch Lumber Subdivision
Exception Plat" appended hereto and made a part hereof, have applied
for a subdivision exception pursuant to Section 20-19(c) of the Aspen
Municipal Code, in connection with the subdivision of said parcel into
two (2) separate lots, all as shown and described on said plat; and
W~EREAS, the aforesaid application for subdivision exception
requests that the Koch Lumber Property be subdivided into two (2)
lots, "Lot 1" being approximately 21~084 square feet and "Lot 2" being
approximately 40,931 square feet in size as shown on the Koch Lumber
Subdivision Exception Plat; and
W~ER~.A~, by letter to the City Attorney dated March 1, 1984, a
proposal was made to trade to the City of Aspen Lot 1 of the Koch
Lumber Subdivision, comprising approximately 21,084 square feet
(together with several ancillary considerations)in exchange for
certain City-owned lots described as Lots 7, 8, 9, io, 11, 12, 14 and
15, Capitol Hill Addition, containing approximately 20,860 square
RECORD OF PROCEEDINGS 100 Leaves
feet; and
WHEREAS, by letter to the Aspen City Council dated September 21,
1984, an offer was made to donate to the City as a charitable gift,
Lot 2 of the Koch Lumber Subdivision, comprising approximately 40,931
square feet, contingent upon several matters, including the cumpletion
of the appropriate subdivision procedures; and
WHEREAS, the City Council hereby finds that the City-owned lots
described as Lots 7, 8, 9, 10, 11, 12, 14 and 15, Capitol Hill
Addition are not in use for a public purpose; and
WHEREAS~ the City Council deems it to be in the best interest of
the City~ its inhabitants and visitors, to grant the aforesaid
application for subdivision approval and upon the finalization of said
subdivision to exchange Lot 1 thereof for Lot 7, 8, 9, 10, 11, 12, 14
and 15, Capitol Hill Addition, and to accept the remaining Lot 2 of
the Koch Lumber subdivision as a donation to the City of Aspen
and to authorize the Mayor and the City Manager, acting independently
or collectively, to execute such documents as may be necessary to
consummate the aforesaid transactions.
NOW, THEREFORE, BE IT ORDAINED BY T~E CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO:
Section 1
That the City Council does hereby grant the aforesaid application
to subdivide the Koch Lumber Property into two (2) separate lots, all
as shown and described on the attached Plat entitled "Koch Lumber
Subdivision Exception Plat" which is hereby approved.
That the proposal set forth in the above referenced letter to the
Aspen City Attorney dated March 1, 1984, to trade to the City of Aspen
Lot 1 of the Koch Lumber Subdivision, together with several ancillary
considerations, in exchange for City-owned lands described as Lots 7,
2
500
RECORD OF PROCEEDINGS 100 Leaves
8, 9., 10, 11~ 12, 14 and 15, Capitol Hill Addition, containing
approximately 20,860 square feet, is hereby confirmed, ratified and
approved.
That the City hereby accepts the offer to donate to the City of
Aspen as a charitable gift the remaining 40,931 square feet of the
Koch Lumber Property contingent upon the following:
1. The City of Aspen obtaining, at its sole cost and expense,
an appraisal from a local MAI appraiser of the current fair
market value of the portion of the Koch Lu~ber property to
be donated, assuming that such property were to be put to
its highest and best residential use under present zoning
and other applicable land use regulations;
2. The taking by the City of such steps as are acceptable to
the owners to dedicate the entire Koch Lumber property to
the perpetual use and enjoyment of the public for park/open
space/recreational purposes, subject to the provisions of
Section 10-8 of the Aspen City Charter.
Section 4
That the City Council does hereby authorize the Mayor and the
City Manager, acting independently, to execute such doc~ents as may
be necessary to consummate the aforesaid transactions, subject to
approval as to form of said doc~ents by the City Attorney.
Section 5
A public hearing on the Ordinance shall be held on the~ day of
,
1985, at 5:00 P.M. in the City Council Chambers, Aspen
~ity Hall, Aspen, Colorado.
Section 6
If any section, subsection, sentence, clause, phrase or portion
of this Ordinance is for any reason held invalid or unconstitutional
by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and such holding shall
3
RECORD OF PROCEEDINGS 100 Leaves
not affect the validity of the remaining portions thereof.
Section 3
A public hearing on the ordinance shall be held on the
day of ~____~_ ~ ....... , 1985, in the City Council
Ch b
am ers, spen City Hall, Aspen, Colorado.
INTRODUCED, READ AND ORDERED published as provided by law of
the City Council of the City of Aspen on the /~ day of
William L. 'S-~lrl~=-~-~g-~
Kai City Clerk
this day of
FINALLY a~Qpted, passed and approved
__ , 1985.
William L. Stirling, Mayor'S/
City Clerk
2D
RECORD OF PROCEEDINGS '100 Leaves
STATE OF COLORADO CERTIFICATE
COUNTY OF PITKIN
I, Kathryn S. Koch, City Clerk of Aspen, Colorado, do hereby
certify that the above and foregoing ordinance was introduced,
read in full, and passed on first reading at a regular meeting of
the City Council of the City of Aspen on _ / 5 _.,
1985, and published in the A__~p~n Times, a weekly newspaper of
general circulation published in the City of Aspen,Colorado, in
its issue of .~ /~ 1985 and
finally
adopted and approved at a regular meeting of the City Council on
~.~f-~. ~ .. , 1985, and ordered published as
//
Ordinanc~/e No. ~ ~ Series of 1985, of said City as provided
by law.
IN WITNESS WHEREOF, I have hereunto set my hand and the seal
of said City of Aspen, Colorado this ~-~ day of
. 1985.
Kathryn S.~6ch, City Clerk
Deputy City Clerk