HomeMy WebLinkAboutordinance.council.034-83 (Series of 1983)
AN ORDINANCE VACATING THAT PORTION OF NORTH STREET SITUATED
BETWEEN THE EASTERLY BOUNDARY OF EIGHTH STREET AND THE WESTERLY
BOUNDARY OF SEVENTH STREET AND THAT PORTION OF EIGHTH STREET
NORTHERLY OF A DIAGONAL LINE DRAWN FROM THE INTERSECTION OF THE
EASTERLY LINE OF THAT CERTAIN EASEMENT RECORDED IN BOOK 186 AT
PAGE 115, PITKIN COUNTY, COLORADO, RECORDS, WITH THE SOUTHERLY
LINE OF BLOCK 1 TO THE SOUTHWESTERLY CORNER OF LOT A, BLOCK 8,
AND BOUNDED ON THE NORTH BY THE ASPEN TOWNSITE LINE AND ON THE
EAST BY THE EASTERLY BOUNDARY OF EIGHTH STREET, LOCATED IN THE
CITY OF ASPEN, PITKIN COUNTY, COLORADO
WHEREAS, a Petition for Vacation dated Novembe~ 9, 1982,
annexed hereto as Exhibit A and incorporated by this reference,
has been submitted by Charles B. Marqusee and Helga Marqusee,
Robert W. Pullen and Anne Pullen, Jack A. Titus, and Lucy Reed
Hibberd (hereinafter collectively referred to as "Petitioners"),
requesting the vacation of an unopened portion of North Street
and an unopened'portion of Eighth Street located within the
boundaries of the City and Townsite of Aspen, Pitkin County,
Colorado, all as more particularly shown on the "Map of Proposed
Vacation" attached hereto as Exhibit B and made a part hereof by
this reference"; and
WHEREAS, as an inducement to the City Council to approve the
aforesaid Petition, the Petitioners have tendered to the City
Council a Declaration of Covenants, Conditions and Restrictions
dated and executed as of July 8, 1983, a copy of said Declaration
being annexed hereto as Exhibit C and made a part hereof by this
reference. The most significant elements of said Declaration are
as follows:
1. Petitioners' dedication of a perpetual easement for the
future widening of Meadows Road by the City of Aspen;
2. Petitioners' dedication of a parcel of land for the
future extension of Seventh Street by the City of Aspen;
3. Marquesees' sterilization in perpetuity of the partial
lots owned by them lying to the North of the portion of North
Street hereby vacated;
4. Petitioners' covenant to pave the entire alley in Block
8 at Petitioners' cost and expense, and to provide financial
assurances therefor;
5. Petitioners' covenant to install a new fire hydrant at
Petitioners' cost and expense, and to provide financial assur-
ances therefor;
6. Petitioners' grant of a twenty (20' foot wide
pedestrian trail easement along the North boundary of the Aspen
Townsite from Meadows Road to Seventh Street, as depicted on
attached Exhibit B; and
7. Petitioners' covenant to landscape extensively the
vacated area.
And having considered the aforesaid Petition and the Declaratio~
of Cqvenants, Conditions and Restrictions tendered by the
Petitioners, the City Council does hereby find that upon the per-
formance of the requirements set forth in Section 2 below, the
public use, convenience and necessity will no longer require the
hereinafter described portions of public streets; and
WHEREAS, the vacation of that portion of North Street and
that portion of Eighth Street as described hereinafter will not
leave any land adjoining the same without a means of access over
an established public way connecting such lands to an established
public street.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO:
Section 1
That the portion of North Street situated between the
Easterly boundary of Eighth Street and the Westerly boundary of
Seventh Street, and the portion of Eighth Street Northerly of a
diagonal line drawn from the intersection of the Easterly line of
that certain easement.recorded in Book 186 at Page 115, Pitkin
County, Colorado, records, with the Southerly line of Block 1 to
the Southwesterly corner of Lot A, Block 8, and bounded on the
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North by the Aspen Townsite Line and on the East by the Easterly
boundary of Eighth Street, City and Townsite of Aspen, Pitkin
County, Colorado, shall be, and hereby is, vacated.
Section 2
That the vacation as aforesaid stated shall become effective
upon the occurrence of the following events:
1. Recordation of the Declaration of Covenants, Conditions
and Restrictions by the City.Clerk.
2. Certification in writing (in recordable form) by the
City Manager that Petitioners have delivered to the City the
financial guaranty required by Paragraph 6 of the Declaration of
Covenants, Conditions and Restrictions. ~
Section 3
That the City Attorney certify that there are no encum-
brances~ liens, limitations, restrictions and estates as to the
land to which the vacated property will accrue such that they
will or may prejudice the City by rendering inoperative the
Declaration of Covenants, Conditions and Restrictions in a subse-
quent foreclosure or otherwise and that upon the happening of the
events described in Section 2 and subject to the reservations
included within Section 5 title to the lands so vacated shall
vest as provided by Section 43-2-302, C.R.S. 1973.
Section 4
That there is hereby reserved by and to the City of Aspen
over and across the vacated area the following:
(1) A twenty (20') foot wide perpetual trail easement
bounded on the North by and running parallel to and South of the
Northerly boundary of the Aspen Townsite, commencing at the
Easterly right-of-way line of Meadows Road and continuing to the
Westerly right-of-way line of Seventh Street as described in the
Declaration of Covenants, Conditions and Restrictions, for
purposes of pedestrian access, as such easement is shown on
attached Exhibit B;
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(2) A twenty (20') foot wide perpetual easement along the
entire Northerly twenty (20') feet of vacated North Street, for
purposes of fire lane access, as such easement is shown on
attached Exhibit B;
(3) All rights-of-way or easements for the continued use of
existing sewer, gas, water or similar pipelines and appurte-
nances, and for such ditches or canals and appurtenances as may
normally be appropriate for installation in City streets, and for
electric, telephone and similar lines and appurtenances, as now
exist or by the City Council may be deemed necessary in the
futurs for such purposes, provided only that all such utility
lines which may be installed in future shall be placed under-~
ground.
Section 5
That the City Clerk be and hereby is directed, upon the
adoption of this ordinance, to record a copy of this ordinance
and all of the exhibits annexed hereto in the Office of the
Pitkin County Clerk and Recorder.
Section 6
If any section, subsection, sentence, clause, phrase or por-
tion of this ordinance is for any reason held invalid or uncon-
stitutional by any court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision
and such holding shall not affect the validity of the remaining
portions thereof.
Section 7
A public hearing on the ordinance shall be held on the
day of . . . , 1983, at 5:00 P.M. in the City Council
Chambers, Aspen City Hall, Aspen, Colorado.
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INTRODUCED, READ AND ORDERED published as provided by law by
the City Council of the City of Aspen on the day of
, 1983.
William Stirling, Mayor
ATTEST:
Kathryn S. Koch, City Clerk
FINALLY adopted, passed and approved on this day of
, 1983.
William Stirling, Mayor
ATTEST:
Kathryn S. Koch, City Clerk
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EXHIBIT A
TO: CITY COUNCIL, CITY OF ASPEN, COLORADO.
The undersigned hereby petition the City Council, City of
Aspen, Colorado, no vacate the public streets described in the
attached Exhibit A and located within the boundaries of the City
and Townsite of Aspen, Colorado, (hereinafter referred to as
"Streets"), and in support thereof state, as follows:
1. Petitioners are ali of the owners of all lands which
abut that portion of North Street shown on the ancached Exhibit B
and Petitioners Charles B. Marqusee and Helga Msrqusee are alt of
the owners of all lands which abut that portion of 8th Street
shown on the attached Exhibit B, with the single exception of the
land owned by Hans B. Cantrup.
2. Vacation of the Streets will not leave any land
adjoining the same withoat a means of access over an establisted
public way connecting such lands to an established public s~reet.
3. The Streets are entirely within the corporate limits of
the City of Aspen, State of Colorado, ~nd no part thereof forms
the boundary of another city or town or a county.
4. Vacation of the Streets should be subject to rights-of-
way or easements for existing sewer, gas, water, or similar
pipelines and appurtenances, ditches and for electric, telephone
and similar lines and appurtenances.
5. That the Streets have never been constructed or
maintained by the City of Aspen.
That this petition may be signed and delivered in
counterparts, each of which shall be deemed to be an original,
and the signature pages therefrom may be combined with the
s~gnature page hereof to constitute a fully executed original
maste~ of this Petition.
DATED this 9th day of November, 1982.
Charles E. Marqusee /,,
EXHIBIT A TO
PETITION TO VACATE
T~at portion of North Street situated between the Easterly
boundary of Eighth Street and the Westerly boundary of Seventh
Street.
That portion Of Eighth Street Northerly of a diagonal line drawn
from the intersection of the Easterly llne of ~hat certain
easement recorded in Book 186 at page 115, Pitkin County,
Colorado, records, with the Southerly line of Block 1 to the
Southwes'terly corner of Lot A, Block 8, and bounded on the North
by the Aspen Townsit¢ Line and on the East by the Easterly
boundary of Eighth Street.
MAP OF PROPOSED VACATION
EXHIBIT B TO
PETITION TO VACATE /
!
COUNTERPART SIGNATURE AND ACKNOWLEDGEMENT PAGE
FOR ATTACHMENT TO PET!TIO~ OO VACATE
The undersigned, being one of the owners of the l~nds
abutting North Street, City and Townsite of Aspen, Colorado,
hereby acknowledges receipt of said Petition and execution of
this Counterpart. The undersigned hereby authorizes the
attschment of this sign~%ure and acknowledgement p~ge to the
master Petition to Vacate, hereby rstiZying and confirming s~aid
ac5 of attachment for all intents and purposes as if the
undersigned ,had executed said master Petition ko Vacate.
Ja~Titus
COUNTERPART SIGNATURE AND ACKNOWLEDGEMENT PAGE
FOR ATTACHMENT TO PETITION TO VACATE
The undersigned, being one of the owners of the lands
abutting North Street, City and Townsite of Aspen, Colorado,
hereby acknowledges receipt of said Petition and execution of
this Counterpart. The undersigned hereby authorizes the
attachment of this signature and acknowledgement page to the
master Petition to Vacate, hereby ~stifying and confirming ~aid
act of attacnmen5 for ~i1 intents and purposes as if ~ne
undersigned had executed s~id master Petition to Vacste.
DATED this /~? d~y o '~ ' ' , 1982.
Anne ~ul!en
COUNTERPART SIGNATURE AND ACKNOWLEDGEMENT PAGE
FOR ATTACHMENT ~O PETIT/ON TO VACATE
The undersigned, being one of the owners of the lands
abutting North Street, City and ~ownsite of Aspen, Colorado,
hereby acknowledges receipt of said Petition and execution of
this Counterpart. The undersigned hereby authorizes the
attachment o~ this signature and acknowledgement page to the
master Petition to Vacate, hereby ratifying and confirming mid
act of attachment for all intents and purposes 3s if the
undersigned had executed s~id m~ster Petition to Vacate.
DATED this ~ day of ~.~ , 1982.
EXttIBIT B /
/
.
~ ~ /
o ~ Reserved
Trail Easement /
/
/
/.~
Reserved /
Fire Lane
Easement for
Widening of
Meadows Road
VACANT LAND
CONTRACT TO ~OY A~D SELL REAL ESTATE
~Remedies ]nciude Specific Perforrnancel
Sel 1 er ........ _J_U~ e_._ _1 __, 1,.~ ¢_~.._
Chapman, CitZ Mana¢¢.r '- o~.,~_:~¢__ .i~h~m,.,nora check
- ~ ,~obe}wldby Frank Christopher A UlT~ch
'~-n --g~'~ OTn'e, Ws ~nCer'e s t'- e a Tn-ting- ...........................
s*a ..... City of As~en ~unt. or Pitkin Colorado
Lot 1, Block 4, Lakeview Addition to the City and Townsite
of Aspen
~ogether witb alt easements and rights of way appur~onan[ 1 hereto and &Il imt rovements thereon and all fixtures el
a permanent nature cuYrently on the premlses except as hereinafter provided, in their presenzcondition ordinary
wear and gear excepted, and hereinafter called the Properw.
2 Theundersignedperson(~ ~Y q~. by_.~_~ha~m~_~C_i~_~ge~
4~l~t6/vc~ co~. bereinafier called Purchaser. hereby agrees ~o buy the Property, and tht
undersigned owner(s hereinafter called Seller, hereby agrees to sell the Property upon the terms and conditions
stated herein.
3. The purchase price shall be U.S. ~8~ 0 00, 0 0 , payable as follows: $.~0 O, ~Q hereby receipted for;
72,000 dollars in cash or certified funds at the time of
closing plus customary closing adjustments
4. Pricetoinclude: Any and all zmprovement$ on the property
andthefoltowingwaterrights: All appurtenant to the properEy or used in
connection 'therewith including all ditch rights and well rights
as of May 31, 1983, by quit-claim deed. Seller does not represent
that there are any such water rights.
apply for 3U~. ih} cxccu~all doc::mcnt>and furnish
(e) pt~~'p f0s%2 c~taini~h lean. T~l;~n~n o '
7. [f a note ls to be made pav: etoSe er tsla'talorfu]lpaymentofthepurchaseprice, thiscontractsha]lnot
S. Cost of any appraisal for loan purposes to be obtained after this date shall be paid by
EXHIBIT "A"
.... .., Transamerica ~itle Co~panv
_J~_ly__8_ ......... ~_3_. or. by m~,t.a~ a~'~,em~.n~.., ~ . :.'ti,.' d.t~,. ~o~.'~.~'in~' th~ Prop,,rty ~,'<.~ and
clear of all taxes, except the general taxes for the year of c osm,r, and
or exceptions of record that do nec make title unmerchantable and
or that do non m? e the property unsuitable as "Open Space'
do non make nitle unmerchantable and, or that do not make the
property unsuitable as "Open Space"
title unmerchantaBle and/or do non make the property unsuitable as
"Open Space'
15. Possession of the Properw shall be delivered to Purchaser on
subject to the following leases or tenancies: N / A
16. In the event the Property is substantially damaged by fire, flood or other casualty between the date of this
contract and the date of delivery of deed, Pm'chaser may elect to terminate this contract; in which ease all payments
and things of value received hereunder shall be returned to Purchaser.
17. Time is of the essence hereof. If any note or check received as earnes~ money hcreunder or any other payment
due hereunder is riel paid, honored or tendered when due, or if any other obligation hereunder is not performed as
herein provided, there shall be the following remedies:
(al IF SELLER IS IN DEFAULT, (1) Purchaser may elect to treat this contract as terminated, in which case
al! payments and things of value received hereunder shall be returned to Purchaser and Purchaser may recover
such damages as may be prope~; or (2l Purchaser may elect to treat this contract as being in full force and effeel
and Purchaser shall have the right to an action for specific per former ce or damages, or both.
(b IF PURCHASER IS IN DEFAULT, (1) Seller may elect to treat this contrac~ as terminated, in which case
all payments and things of value received hereunder shall be forfeited and retained on behalf of Seller and Seller
may recover such damages as may be proper, or (2) Seller may elect to treat this contract as being' in full force and
effect and Seller shall have the right to an action for specific performance or damages, or both.
(el Anything to the comrary herein notwithstanding, in the evenl of any litigation arising' ou~ of this
contract, the court may award to the prevailing party all reasonable costs and expense, including attorneys' fees.
18. Purchaser and Seller agree that. in the event of any controversy regarding the earnest money held by broken
unless mutual written in{t~luct!oRis rece~v.,ed, by broke~; broker shall not be required to take any action but may await
any proceeding, or at broker's option and discretion, may interplead any moneys or things ,ff value into court and may
recover court costs and reasonable attorneys' fees.
(A) Determination of "merchantable", "unmerchantable" and
"nnsuitable" hereunder including, withouu limitation, those
made pursuanu no Paragraphs 11 and 12 hereinabove, shall be
an the sole discretion of the Purchasers legal counsel.
(B) Purchaser's obligation hereunder are expressly ccnditioned
upon adoption by Aspen's City Council of an Ordinance
approving and accepting the terms of this Contract.
(C) Sellers represent to Purchaser that the within-contemplated
sale of Lot 1 is not the subject of any operative realtor's
or real estate broker's sales listing and or commission
agreement. Further, in the evenn that any such real estate
commission(s) shall become due in connection with this sale,
Seller agrees no indemnify the Purchasers against the paymenu
of any such commission(s) and'or other cos[ (including
reasonable attorneys fees) in connection with defense of s
claim for such commission(s~ from a real estate broker or
salesperson.
Jun~ ., 19 this instrument shall become s contrs :t between Seller and I~urchaser and shall
inureJ~ the benefit of thcXeirs, successors and assigns of such parties, except as stated in paragraph 7.
~ __ _ Broker No~e
/~yne C~pm~, City MaMager By:
Purchaser,sAddressOi~ of AspeD, ~0 South Galena, Aspen~ Co. 81611
(The following section to be complcted by Seller and Listing Agentl
21. Seller accepts the above proposal this 2 day of June _ 19 8 3 and agrees
to pay a commission of_ -0- __% of the purchase price for services in this transaction, and agrees that, in
the event of forfeiture of payments and things of value received hereunder, such paymenss and things ofty~u-h? shall
Seller'sAddress_-~5_0O ~$t HaiJ~m~A~%p~_n~ C~. 81611
Listing Broker's Name and Address ~{~-n~ --