HomeMy WebLinkAboutordinance.council.020-89
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ORDINANCE NO. 020
(Series ot 1989)
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AN ORDINANCE OF THE CITY COUNCIL OF ASPEN, COLORADO, APPROVING
THE TERMS AND CONDITIONS OF AGREEMENTS FOR THE DISPOSITION OF
REAL ESTATE IN THE RIO GRAnDE AREA (NORTH MILL AND SPRING
STREETS) FROM THE CITY OF ASPEN TO DRACO INC. (D/B/A CAP'S AUTO)
AND ALSO BETWEEN THOSE PARTIES, WHICH DISPOSITION WAS APPROVED BY
THE VOTERS AS BALLOT QUESTION NO. 2 IN THE SPECIAL ELECTICN OF
AUGUST 9, 1988, TO WIT: THE EXCHANGE OF ONE PARCEL OF APPROXI-
MATELY 2,200 SQUARE FELl' NOW OWNED BY THE CITY FOR TWO PARCELS OF
A TOTAL OF APPROXIMATELY 480 SQUARE FEET NOW OWNED BY CAP'S TO
SQUARE OFF THE BOUNDARIES OF THE RESPECTIVE HOLDINGS: THE GRANT-
ING BY THE CITY OF A PERMANENT, NON-EXCLUSIVE ACCESS EASEMENT TO
CAP'S: THE GRkVTING BY CAP'S TO THE CITY OF AN OVERDIG AGREEMENT
TO FACILITATE CITY DEVELOPMENT OF ITS PROPERTY AND A RIGHT OF
FIRST REFUSAL ON TF.E EVENTIJAL SALE OF CAP'S PROPER':'Y: FURTHER,
AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE THE REFERENCED
AGREEMENTS AND ANY OTHER DOCUMENTS NECESSARY TO COMPLETE THE
AUTHORIZED TRANSACTION AND SETTING A PUBLIC HEARING ON THIS
ORDINANCE
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W1~REAS, the City Council, in conjunction ot its development
... ot its Rio Grande area proper~y for public purposes and in
furtherance of its general governmental responsibility with
respect to land-use planning, traffic and parking management and
landscaping obligations in that ~~ea did propose to the elec-
(d/b/a Cap's Auto); and
torate an exchange of real property interests with Draco, Inc.
WHEREAS, the voters approved said exchanq~ and disposition
of real estate as ballot question No. 2 in the special election
ot August 9, 1988; and
WHEREAS, City Council, by this Ordinance, now sets forth the
teras and conditions of the approved exchange and dispositions
and, atter public hearing, finds and determines such terms and
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conditions to ~e in th~ best interests c! the City of Aspen,
Colorado:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO:
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Section 1
That the General Warranty Deed fro. Draco, Inc. (d/b/a Cap's
Auto) for two (2) parcels ot property in the Rio Grande area ot
the City adjoining the City's property be accepted as described
in Exhibit "1" attached hereto and incorporated herein by this
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reference.
Section 2
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That the General Warranty Deed trom the City of Aspen,
Colorado, for one (1) parcel of property in the Rio Grande area
adjoining Draco's (Cap's) property be executed and delivered, as
identified in Exhibit "2", attached hereto and incorporated
herein by this reference.
Section 3
That the Access Easement Grant and Agreement by and between
the City and Draco (Cap's) be executed and delivered, as iden-
tified in Exhibit "3", attached hereto and incorporated herein by
this reference.
section.
That the Overdig Agreement by and between the City and Draco
(Cap's) be executed and delivered, as identified in Exhibit ".",
attached hereto and incorporated herein by this reference.
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Section 5
That the Right of First Refusal Agreement by and between the
City and Draco (Cap's) be executed and delivered, as identified
in Exhibit "5" attached hereto and incorporated herein by this
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reference.
Section 6
That the Mayor i. authoriled and directed to execute and
deliver the docu.ent. a. .ot out in Exhibit. "1" throuqh .5", and
other docu.ent. reaeonab1y nece..ary to co.plete the tran.action,
as apP~'ed as to form by the City Attorney.
Section 7
It any section, subsection, sentence, clause, phrase or
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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
provisior. and shall not affect the validity of the remaining
portions thereof.
Section 8
Nothing in'this ordinance shall be construed to atfect any
right, duty or liability under any ordinances in ettect prior to
the etfective date of this ordinance, and the same shall be
continued and concluded under such prior ordinances.
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Section 9
A public hearing on the ordinance shall be held on the ~
day of ~l;' ~ ' 1989, in the City Council
Chambers, Aspen City Hall, Aspen, Colorado.
the
INTRODUCED, READ AND ORDERED PUBLISHED as providea by law by
".Ar~
City of Aspen on the ~ day ot
Cit~ Council of the
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, 1989.
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William L. Stirling, Mayor?
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FINALLY adopted, passed and approved this ~ day of
~7 ,1989.
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. a~ryn e' ~9ch, City Clerk
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lOT!: ORIGI~AL EXHIBITS "1-5- TO ORDI'ANC! 10. 20 (SERIES 0' 1989) AND
ATTAC"~E~TS THERETO ARE NOT ATTACHED. BUT ORIGINALS 0' SAID EXHIBITS
"1-5" lOT D!SIGIAT!D AS EXHIBITS ARE RECORDED SEQUE~TIALL~ HEREAP1EP.
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