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HomeMy WebLinkAboutordinance.council.034-86 \ ORDINANCE NO. '3 tJ.. (Series of 1986) AN ORDINANCE APPROVING THE PURCHASE BY THE CITY OF ASPEN OF A TRAIL RIGHT-OF-WAY AND CONSTRUCTION EASEMENT ACROSS LOTS 1 AND 2, SAWMILL SUBDIVISION, COUNTY OF PITKIN, COLORADO, FROM GERMAINE K. AND ALFRED J. DIETSCH IN ACCORDANCE WITH THE PROPOSED CONTRACT TO BUY AND SELL REAL ESTATE ANNEXED HERETO FOR THE PURCHASE PRICE OF $102,400.00; AND AUTHORIZING THE MAYOR AND THE CITY MANAGER TO EXECUTE SUCH DOCUMENTS AS ARE NECESSARY TO CONSUMMATE THE ACQUISITION WHEREAS, the City Council deems it to be in the best interest of the City of Aspen to acquire a trail right-of-way across Lots 1 and 2, Sawmill Subdivision, in accordance with the Contract to Buy and Sell Real Estate annexed hereto for a purchase price of $102,400.00 and desires to approve such acquisition and authorize both the Mayor and the city Manager to execute on behalf of the City of Aspen said Contract to Buy and Sell Real Estate, as well as such other documents as may be necessary to consummate the acquisition. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: section 1 That the City Council does hereby approve the acquisition of a trail right-of-way and construction easement across Lots 1 and 2, Sawmill Subdivision, in accordance with the terms of the Contract to Buy and Sell Real Estate annexed hereto and incorpor- ated herein and does hereby authorize the Mayor and/or the City Manager to execute said contract on behalf of the City of Aspen, as well as such other documents as may be necessary to consummate the acquisition. 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. section 3 Nothing in this ordinance shall be construed to affect the right, duty or liability under any ordinance in effect prior to the effective date of this ordinance, and the same shall be continued and concluded under such prior ordinance. section 4 A ~ public hearing on the ordinance day of J~ shall be held on the , 1986, in the City Council Chambers, Aspen city Hall, Aspen, Colorado. the INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by ci ty Council of the City of Aspen on the d~ day ~ , 1986. ~~6 of 2 FINALLY adopted, passed and approved this ~V ATTEST: ~ ~)~d(!~ Kathryn ~ Koch, City Clerk , 1986. ATTEST: ~. 3 ~. J7 day of