HomeMy WebLinkAboutordinance.council.052-87 551 4ql
~-.~ ~' ORDINANCE NO. ~
"' (Series of 1987) ~ m
~"AN ORDINANCE TO CONFI~ ~TIFY ~D AC~O~LEDGE T~T THE DEED
FRO~ THE CIT~ OF ASPEN TO ~T~R ~. ~IKKE~EN DATED DECEMBER
3~ ~959~ ~D RECORDED IN BOOK ~89 AT PAGE 442 OF THE OFFICIAL
RECORDS OF PITKIN COUNTY~ CO~~ CO,EYED ALL ~DS L~ING
~ITHIN T~T P~CEL T~DITIONALL~ ~0~ AS B~CK 2~ EAST ASPEN
ADDITION~ ~ITHOUT RESERVATION OF
~EREAS, all ~ands ~ithin that parcel traditionally known
as Block 2~, East Aspen Addition, have been openly and
continuously occupied since the last century in a ~anner
inconsistent ~ith a no~a~ ~o~ and b~ock pattern in that
structures and fences have been built across what wou~d have
been traditionally known as ~ot ~ines and a~ley
~EREAS, ~he City of Aspen, in an effort to ~aintain the
status ~o and correct certain defects resulting fro~ the
failure of a Patent to issue on said property by the United
States of ~erica, obtained title to a large ~ract containing
that parcel traditiona~ known as B~ock 2~, East Aspen
Addition, for the use and benefit of the occupants of said
property~
~E~AS, the above-mentioned Deed fro~ the City of Aspen
~as issued and delivered to said Arthur ~. ~ikkeisen for all of
Block 21~ East Aspen Addition~ ~ith the exception of certain
portions of lots occupied by others without rese~ation of an
~E~AS~ prior to the time of the Deed from the City of
Aspen, at that ti~e and to date, Arthur ~. Rikke~sen or his
heirs have continuously occupied a~l of the unrese~ed portions
of said Block 2~, to the physical exclusion of a~ others, and
uithout utilities passing through said property for the se~ice
to other properties~ and
~HEREAS, certain title ~estions have recently arisen
re~iring the clarification of ti~e to Chis property.
NO~ THEREFORE~ BE IT ORDAINED BY THE CITY COUNCIL OF THE
CIT~ OF ASPEN~
Section ~
That it does hereby confirm, ratify and acknowledge that
the Deed from the City of Aspen to Arthur ~. ~ikkelsen dated
DecaYer 3~ ~959~ and recorded in Book ~89 a~ Page 442
official records of Pitkin County, Colorado, conveyed all lands
~ithin that parce~ traditionally known as B~ock 21~ East Aspen
Addition, subject to exceptions expressly stated therein,
~ithout express or i~plied rese~ation of any street, a~ley
any other public ~ay; and hereby authorizes and directs the
Mayor, on behalf of the City of Aspen, to enter into a quit
claim deed, conveying and quit claiming unto Alice Juanita
Gallegos (now known as Alice Juanita Mikkelsen), Ardith Louise
Ware, and Dorothy Marie Mikkelsen (heirs of Arthur W.
Mikkelsen) all of the property conveyed to Arthur W. Mikkelsen
by the city of Aspen in the 1959 Deed described above.
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 any
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 shall be held on the
~ day of November, 1987, at 5:00 p.m. in the city Council
chambers, Aspen city Hall, Aspen, Colorado.
Section 5
That the city Clerk be and hereby is directed, upon the
adoption of this Ordinance, to record a copy of this Ordinance
in the office of the Clerk and Recorder for Pitkin County,
Colorado.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law
by the ci ty Council of the c i~en~.n~~ day of
,~~~.__.____, 1987. '
/~'" ~ William L. ~tirling, Mayor
~!,~.'. 'thryn 6. Koch, City Clerk
~...~'f~INALLY adopted, passed and,app/r~oved this _F~(~i' day of
William L. ~tirling, Mayor
~ /"~~ ~och, City Clerk
~.' . ~D~ ~ine.ord
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