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HomeMy WebLinkAboutordinance.council.013-89 ORDINANCE NO. \~ (Series of 1989) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, FINDING THAT IT IS NECESSARY, SUITABLE, PROPER AND IN THE BEST INTERESTS OF THE CITY OF ASPEN TO ACQUIRE BY CONDEMNATION, TO THE EXTENT NOT ALREADY ENTITLED IN THE CITY OF ASPEN, A STREET RIGHT- OF-WAY KNOWN AS SUMMIT STREET, OVER AND ACROSS A TRACT OF LAND SITUATED IN THE W 1/2 NW 1/4 OF SECTION 18, TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE SIXTH PRINCIPAL MERIDIAN AND IN THE E 1/2 NE 1/4 OF SECTION 13, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE SIXTH PRINCIPAL MERIDIAN, AS IDENTIFIED AND DESCRIBED ON EXHIBIT "A" APPENDED HERETO AND INCORPORATED HEREIN, AND AUTHORIZING A PETITION IN CONDEMNATION, TO ACQUIRE SAID STREET RIGHT-OF-WAY WHEREAS, by virtue of the Mountain Queen Condominium plat recorded July 17, 1973, in Plat Book 4 Page 386 and 387, a portion of what is commonly known as "Summit Street" within the City of Aspen was dedicated to the City; and WHEREAS, by virtue of that subdivision agreement between the Mountain Queen Corporation and the City of Aspen dated July 9, 1973, it was agreed that the Mountain Queen Corporation, as subdivider, or its successors in interest, would pay the City for that portion of the reasonable and necessary costs incurred by the City in a condemnation action, including, but not limited to, the price adjudicated by the Court for the value of the land condemned to acquire that property identified and described by that description dated March 23, 1989, prepared by Alpine Sur- veys, Inc., annexed hereto and incorporated herein by this reference as Exhibit "A" for the purposes of a public street, known as "Summit Street"; and WHEREAS, a quiet title action has been commenced by Wolf tone Corporation, which action is now pending in the United States District Court for the District of Colorado (Case No. 88 C 1825), claiming an ownership interest in purported Lot 53, T. 10 S., R. 84 W., 6th P.M. (hereinafter known as "Lot 53"), Pitkin County, Colorado, which claim is being disputed by the City and other named defendants and overlaps the aforesaid dedicated portion of Summit Street; and WHEREAS, the City Council has the authority, pursuant to Colorado Revised Statutes and Aspen Home Rule Charter sections 1.2 and 1.4, to take such property for such purposes by a public condemnation; and WHEREAS, an offer has been made by and on behalf of repre- sentatives of Mountain Queen Condominium Association and other named defendants to the City of Aspen to pay for and indemnify the City of Aspen for all costs and expenses of condemning the street right-of-way over and across the subject parcel to the extent not entitled in City, including attorney's fees and condemnation award, in a sum not to exceed $15,000.00. Further, this offer provides that should the City withdraw the condem- nation proceedings, the insurers will still indemnify the City against costs and expenses, including attorney's fees, to the maximum sum of $15,000.00; and WHEREAS, the City, in the context of the quiet title action and through its representatives, has attempted to resolve the aforesaid dispute through negotiation, but such negotiations have been unsuccessful; and 2 WHEREAS, the City Council, pursuant to the aforesaid sub- division agreement, offer and general governmental responsibili- ties to provide and maintain an adequate City street system, finds it necessary, suitable and proper to authorize said condem- nation; and WHEREAS, the City Council desires to authorize the commence- ment of legal action in eminent domain to condemn said street right-of-way to the extent not already entitled in City and accept the offer of indemnification hereinabove outlined. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: section 1 The City Council of the city of Aspen, Colorado, hereby finds and determines, after a public hearing and introduction of evidence and testimony, that it is necessary, suitable, proper and in the best interests of the City of Aspen, its residents and visitors, to take, appropriate and acquire, by public condemna- tion for public purposes a street and/or road and/or alley right- of-way over and across a tract of land situated in the W 1/2 NW 1/4 of Section 18, Township 10 South, Range 84 West of the sixth Principal Meridian and in the E 1/2 NE 1/4 of Section 13, Town- ship 10 South, Range 85 West of the sixth Principal Meridian, Pitkin County, State of Colorado, identified and described on Exhibit "A" attached hereto and incorporated herein, together with such construction and maintenance easements as may be 3 necessary to construct, maintain and widen said street and/or road and/or alley. section 2 The City Council of the City of Aspen, Colorado, finds, determines and declares that pursuant to the authority vested to it in the Colorado Revised Statutes, pertaining to condemnation, that the street and/or road and/or alley right-of-way is to be for the purposes of the establishment, construction, extension, opening, widening, alteration, maintenance, repair and recon- struction of "Summit Street" as a public street and/or public road and/or public alley. section 3 The City Council does hereby authorize the office of the City Attorney to commence, maintain and prosecute legal action in eminent domain for such purposes as provided by law and statute and to formalize the aforesaid indemnification agreement for signature by the Mayor. Upon approval as to form by the City Attorney, the Mayor is hereby authorized to execute said indem- nification agreement. 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. Section 6 A public hearing on the ordinance shall be held on the ~.~~AJ !:IJLt"l/tU,,-/ , 1989, in the City Council day of Chambers, Aspen City Hall, Aspen, Colorado. the INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by City Council of the City of Aspen on the /~A- day of f!t tL'r-e1~ , 1989. ATTEST: Jd~ City Clerk 5 / FINALLY adopted, passed and approved this ~day of ~~ ATTEST: , 1989. ~/~<~ William L. Stirling, Mayor . 6 -------.-... -~, -