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HomeMy WebLinkAboutordinance.council.013-86 ORDINANCE NO. l~ (Series of 1986) A ORDINANCE APPROVING AN AGREEMENT TO PURCHASE REAL ESTATE AND TO ACCEPT GIFT OF REAL ESTATE BETWEEN THE CITY OF ASPEN, COLORADO, AND FRANK J. WOODS, III, THOMAS E. RAFAEL, AND FREDERICK HEAD SETTING FORTH THE TERMS AND CONDITIONS UPON WHICH THE CITY AGREES TO PURCHASE THAT REAL PROPERTY DESCRIBED IN SAID AGREEMENT FOR THE PURCHASE PRICE OF $115,000.00 AND UPON WHICH THE CITY AGREES TO ACCEPT A DONATION OF THE DIFFERENCE BETWEEN THE PURCHASE PRICE AND THE APPRAISED FAIR MARKET VALUE OF SAID REAL PROPERTY IN THE AMOUNT OF $35,000.00 AND DIRECTING THE MAYOR TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF ASPEN WHEREAS, there has been submitted to the City Council that Agreement to purchase real estate, annexed hereto, between the City of Aspen and Frank J. Woods, III, Thomas E. Rafael and Frederick Head setting forth the terms and conditions upon which the City agrees to purchase the real property described in said agreement for the purchase price of $115,000.00 and upon which the City agrees to accept a donation of the difference between the purchase price and the fair market value of said real property in the amount of $35,000.00, WHEREAS, said real property is particularly described as follows: PARCEL A Lots A, B, C, D, E and G, and the rear 40 feet of Lots H and I, Block 47, City and Townsite of Aspen PARCEL B A parcel of land being part of Lot F, Block 47, City and Townsite of Aspen except the portion of Lot F described as follows: Commencing at the northeast corner of Lot F in Block 47, City of Aspen; thence southerly along the line between Lots F and G, 46.5 feet to a point 25 feet northeasterly of and at right angles to the centerline of the former Colorado Midland Railroad Company's right of way; 2 thence northwesterly along a lien 25 feet northeasterly of and at all points parallel to said centerline to a point on the westerly line of said Lot F being also the easterly line of Lot E of said Block 47; thence northerly along the common line of said Lots E and F 27 feet to the northeast corner of said Lot F, a point on the southerly line of West Hyman Avenue; thence easterly 30 feet along the northerly line of said Lot F and the southerly line of said West Hyman Avenue to the point of beginning. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1. That the City Council of the City of Aspen does approve the Agreement between the City of Aspen and Frank J. Woods, III, Thomas E. Rafael, and Frederick Head setting forth the terms and conditions for the purchase of the real property described in said agreement and providing for the acceptance of a donation of the difference between the purchase price and the appraised fair market value of said real property, which agreement is attached hereto and incorporated herein; and does further authorize the Mayor and/or City Manager to execute said Agreement on behalf of the City of Aspen, as well as such other documents as may be necessary to consummate the transaction which have been approved as to form by the City Attorney. Section 2. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. 3 Section 3. A public hearing on the ordinance shall be held on the~Z day of ~-~ , 19~, in the City Council Chambers, Aspen City Hall, Aspen, Colorado. INTRODUCED, READ AND ORDERED published as provided by law of the City Council of the City of Aspen on the ~ ' 1986. /~ day of ATTEST: ~ City Clerk FINALLY adopted, passed and approved this J~ day of ~ , 19~ A'I'TES'I' : ~ City Clerk -~-~ - -- - -- .-...------.--.,-----<,'