HomeMy WebLinkAboutordinance.council.046-88 ORDINANCE NO. 46
(Series of 1988)
AN ORDINANCE APPROVING THE TERMS OF THAT LAND DONATION AGREEMENT
BETWEEN THE CITY OF ASPEN ("CITY") AND THE BOARD OF COUNTY
COMMISSIONERS OF PITKIN COUNTY ("COUNTY"), DATED ,
1988, AUTHORIZING AND DIRECTING THE MAYOR TO CONVEY TO THE
COUNTY BY SPECIAL WARRANTY DEED THAT PARCEL OF LAND REFERRED TO
IN THE AGREEMENT AND COMMONLY KNOWN AS THE "Al PARCEL, THOMAS
SUBDIVISION"; THE IMPOSITION OF A CONDITION UPON SAID CONVEYANCE
IMPOSING A RESTRICTIVE COVENANT ON THE PROPERTY THAT IT SHALL
REMAIN IN USE FOR EMPLOYEE HOUSING IN PERPETUITY UNLESS OTHERWISE
WAIVED BY WRITTEN INSTRUMENT EXECUTED BY THE CITY OF ASPEN OR
SHALL AUTOMATICALLY REVERT TO THE CITY
WHEREAS, desiring to donate and receive land for the purpose
of certain public improvements, the City of Aspen, Colorado
("City") and the Board of County Commissioners of Pitkin County,
Colorado ("County"), entered into that land donation agreement,
dated , 1988, recorded at Book Page of
the records of the Pitkin County Clerk and Recorder, which
agreement is incorporated herein by this reference, and
WHEREAS, the City Council desires to further implement the
terms, conditions and understandings of the aforesaid land
donation agreement by entering into those transaction as herein-
after set forth.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO:
Section 1
The City Council hereby approved and authorized the con-
veyance to the County by special warranty deed, a copy of which
is annexed as Exhibit "A", of that tract of land, commonly known
as the "Al Parcel, Thomas Subdivision".
Section 2
The City Council does hereby approve and authorize and
direct the Mayor to execute the necessary documents to implement
the aforesaid transaction including Exhibits "A" through "__"
annexed hereto, upon approval of the same with such changes as to
form recommended by the City Attorney.
Section 3
The purpose of this grant is to facilitate the construction
of employee/public housing. In the event such employee/public
housing is not constructed by December 1, 1999, or, if con-
structed, ceases to be used for employee/public housing the
- above-described real property shall revert to the City.
Section 4
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 5
Nothing in this ordinance shall be construed to affect any
right, duty or liability under any ordinances in effect prior to
the effective date of this ordinance, and the same shall be
continued and concluded under such prior ordinances.
2
Section 6
A p~lic hearing on the ordinance shall be held on the
day of ~ , 1988, in the City Council
Cha~ers, Aspen city Hall, Aspen, Colorado.
INTRODUCED, READ~D ORDERED PUBLISHED as provided by law by
the City Council of the City of Aspen on the /~V~ day of
~ , 1988.
William L. Stirling, Mayor
ATTEST .~
Kathryn ~ Koch, City Cl
FINALLY adopted, passed and approved this ~9~~day of
~ , 1988 ·
William L. stirling, or
ATTEST:
K~ch, City Clerk