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ORDINANCE NO. 32-
(Series of 1996)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
VACATING A PORTION OF THE ALLEY LYING NORTH OF LOT R IN BLOCK 26,
WITHIN THE CITY OF ASPEN, PITKIN COUNTY, COLORADO; SUBJECT 'fO CERTAIN
CONDIDONS.
WHEREAS, a petition to vacate certain right-of-ways or portions thereof has been filed by
record owners of all lands which abut the streets or portions thereof petitioned to be vacated; and
WHEREAS, the right-of-ways or portions thereof petitioned to be vacated are located
entirely within the corporate limits of the City of Aspen; and
WHEREAS, the vacation petition has been reviewed by the City Engineer and a
determination made that the petition complies in all respects with the City's Public Rights-of-ways
Vacation Policies and the land petitioned to be vacated is eligible for vacation pursuant to said
It policies; and
WHEREAS, the proposed vacation will not leave any land adjoining the same without a
means of access over an established public right-of-way connecting such lands to an established
public street; and
WHEREAS, the petitioners have satisfied or performed all condilions and requirements
imposed by the City Engineer in connection with the requested vacation; and
WHEREAS, the petitioner has agreed to certain conditions with respect to a trail easement
upon a portion of petitioner's land; and
WHEREAS, the City Council has determined that the public use, convenience and necessity
will no longer require the hereinafter described public right-of-ways or portions thereof.
.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO:
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10/25/1996 01~39P PG 1 OF 5
PITKIN COUNTY CLERK & RECORDER
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Section L
That the portion of the alley lying to the North of Lot R, Block 26, within the City of
Aspen, Pitkin County, Colorado, depicted on that map entitled "Map of Proposed Vacation", and
annexed hereto and made a part hereof as Exhibit "A", shall be, and the same hereby is vacated
subject to the conditions set forth below.
1.) The City of Aspen shall quitclaim any interest in the portion of the alley which lies
north of Lot Q, Block 26.
2.) Petitioner shall grant an easement to the City, in a form acceptable to the City
Attorney, for the purpose of facilitating construction of a trail along the easement shown on the
map appended hereto as Exhibit "A". Initially, the easement shall be as shown on Exhibit "A".
Following construction of the trail, the easement shall be reduced in width to the actual width of the
trail and retaining structures, as built. The City shall complete an as-built :snrvey which shall be
recorded with the County Clerk and Recorder's Office as an amendment to any final plat filed
following development approvals for the Braden property. In addition, petitioner shall grant to tlle
City, in a form acceptable to tlle City Attorney, a construction license to allow for the construction
of the trail, retaining walls or other bank stabilization devices. In said construction license,
Petitioner shall agree not to oppose or object to the construction of a trail which is undertaken and
utilized in compliance with the existing easement and the new easement and license agreement
described herein.
3.) Petitioner shall release the City of Aspen from any and all liability and costs
associated with their pending quiet title action (pitkin County District Court, Case No. 96-CV-106-
1.)
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10/25/1996 01,39P PG 2
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Section 2.
That ownership and title to the lands so vacated shall vest as provided in and by Section 43-2-302.
C.R.S.
Section 3.
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 Pitkin County Clerk and Recorder.
Section 4.
That the City Engineer be and hereby is directed, upon the adoption of this ordinance, to
make all corrections necessary to the Official Map of the City of Aspen.
Section 5.
That 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 6.
That this ordinance shall not have any effect on existing litigation and shall not operate as an
abatement of any action or proceeding now pending under or by virtue of the ordinances amended
as herein provided, and the same shall be construed and concluded under such prior ordinances.
A public hearing on the ordinance shall be held on the 2~ day of
ao. , 1996, in
the City Council Chambers, Aspen City Hall, Aspen, Colorado.
10/25/1996 01:39P PG ~
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INTRODUCED, READ AND ORDERED PUBUSHED as provided by law by the City
Council of the City of Aspen on ti1e 11..- day of Au~
ATTEST:
,1996.
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John S. Bennett, Mayor
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ATTEST:
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Kathryn S.
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FINALLY adopted, passed and approved this ~ day of ~~ r . 1996.
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John : Bennett, Mayor
10/25/1996 01139P PG 4 OF 5
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10/25/1996 01:39P PG 5 OF 5
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