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HomeMy WebLinkAboutordinance.council.030-85 100~eaves ao. (Se~es oE [985) P~L OF RE~ ~O~RTY ~IS~G ~L OF BL~ 62, CITY ~D T~S~E OF ~PEN ~L OF BLOCK ~, E~S ~DITXON, CITY ~D T~S~E OF ~N, ~D CERTAIN ADJOINING L~ ~Y ~N PERTY, INTO ~O (2) LOTS, L~ 1 ~OF BEING AP~OXX~TELY 2~,084 SQUARE FEET ~D THE RE~INING LOT 2 ~ER~F, APPROXI~T~Y 40,931 SQUARE FEET~ APPROVING THE EX~GE OF L~ i SUBDIVIDED, TO EXCH~GED FOR CERTAIN CITY ~ED L~ L~TED WITHIN ~E CITY ~D T~SITE OF ~PEN, SPECIFI~LY L~S 7, 8' 9, ~0, !1,12, 14 ~D 15, CAPITOL HILL ADDITION, ~NTAINING APPR~I~T~Y 20,860 SOUSE FEET~ AC~G A ~N~ION ~ ~E ~TY OF ~N OF L~ 2 OF ~E KO~ LURER COHPANY SUBDIVISION COMPRISING APPROXI~TELY 40,931 SQUARE FEET~ AUTHORIZING BO~ THE ~YOR ~D THE CITY ~ANAGER TO E~CUTE ~S ~ ~Y BE NE~SS~Y TO ~NSU~TE ~E ~OR~AID T~SA~IONS W~EREAS~ the owners of that real property, commonl~ known as the "Koch Lumber Property," located generally in Block 62 and Block 1, Eames Addition, City and Townsite of Aspen, a more accurate descrip- tion of which appears on that plat entitled "Koch Lumber Subdivision Exception Plat" appended hereto and made a part hereof, have applied for a subdivision exception pursuant to Section 20-19(c) of the Aspen Municipal Code, in connection with the subdivision of said parcel into two (2) separate lots, all as shown and described on said plat; and W~EREAS, the aforesaid application for subdivision exception requests that the Koch Lumber Property be subdivided into two (2) lots, "Lot 1" being approximately 21~084 square feet and "Lot 2" being approximately 40,931 square feet in size as shown on the Koch Lumber Subdivision Exception Plat; and W~ER~.A~, by letter to the City Attorney dated March 1, 1984, a proposal was made to trade to the City of Aspen Lot 1 of the Koch Lumber Subdivision, comprising approximately 21,084 square feet (together with several ancillary considerations)in exchange for certain City-owned lots described as Lots 7, 8, 9, io, 11, 12, 14 and 15, Capitol Hill Addition, containing approximately 20,860 square RECORD OF PROCEEDINGS 100 Leaves feet; and WHEREAS, by letter to the Aspen City Council dated September 21, 1984, an offer was made to donate to the City as a charitable gift, Lot 2 of the Koch Lumber Subdivision, comprising approximately 40,931 square feet, contingent upon several matters, including the cumpletion of the appropriate subdivision procedures; and WHEREAS, the City Council hereby finds that the City-owned lots described as Lots 7, 8, 9, 10, 11, 12, 14 and 15, Capitol Hill Addition are not in use for a public purpose; and WHEREAS~ the City Council deems it to be in the best interest of the City~ its inhabitants and visitors, to grant the aforesaid application for subdivision approval and upon the finalization of said subdivision to exchange Lot 1 thereof for Lot 7, 8, 9, 10, 11, 12, 14 and 15, Capitol Hill Addition, and to accept the remaining Lot 2 of the Koch Lumber subdivision as a donation to the City of Aspen and to authorize the Mayor and the City Manager, acting independently or collectively, to execute such documents as may be necessary to consummate the aforesaid transactions. NOW, THEREFORE, BE IT ORDAINED BY T~E CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That the City Council does hereby grant the aforesaid application to subdivide the Koch Lumber Property into two (2) separate lots, all as shown and described on the attached Plat entitled "Koch Lumber Subdivision Exception Plat" which is hereby approved. That the proposal set forth in the above referenced letter to the Aspen City Attorney dated March 1, 1984, to trade to the City of Aspen Lot 1 of the Koch Lumber Subdivision, together with several ancillary considerations, in exchange for City-owned lands described as Lots 7, 2 500 RECORD OF PROCEEDINGS 100 Leaves 8, 9., 10, 11~ 12, 14 and 15, Capitol Hill Addition, containing approximately 20,860 square feet, is hereby confirmed, ratified and approved. That the City hereby accepts the offer to donate to the City of Aspen as a charitable gift the remaining 40,931 square feet of the Koch Lumber Property contingent upon the following: 1. The City of Aspen obtaining, at its sole cost and expense, an appraisal from a local MAI appraiser of the current fair market value of the portion of the Koch Lu~ber property to be donated, assuming that such property were to be put to its highest and best residential use under present zoning and other applicable land use regulations; 2. The taking by the City of such steps as are acceptable to the owners to dedicate the entire Koch Lumber property to the perpetual use and enjoyment of the public for park/open space/recreational purposes, subject to the provisions of Section 10-8 of the Aspen City Charter. Section 4 That the City Council does hereby authorize the Mayor and the City Manager, acting independently, to execute such doc~ents as may be necessary to consummate the aforesaid transactions, subject to approval as to form of said doc~ents by the City Attorney. Section 5 A public hearing on the Ordinance shall be held on the~ day of , 1985, at 5:00 P.M. in the City Council Chambers, Aspen ~ity Hall, Aspen, Colorado. Section 6 If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall 3 RECORD OF PROCEEDINGS 100 Leaves not affect the validity of the remaining portions thereof. Section 3 A public hearing on the ordinance shall be held on the day of ~____~_ ~ ....... , 1985, in the City Council Ch b am ers, spen City Hall, Aspen, Colorado. INTRODUCED, READ AND ORDERED published as provided by law of the City Council of the City of Aspen on the /~ day of William L. 'S-~lrl~=-~-~g-~ Kai City Clerk this day of FINALLY a~Qpted, passed and approved  __ , 1985. William L. Stirling, Mayor'S/ City Clerk 2D RECORD OF PROCEEDINGS '100 Leaves STATE OF COLORADO CERTIFICATE COUNTY OF PITKIN I, Kathryn S. Koch, City Clerk of Aspen, Colorado, do hereby certify that the above and foregoing ordinance was introduced, read in full, and passed on first reading at a regular meeting of the City Council of the City of Aspen on _ / 5 _., 1985, and published in the A__~p~n Times, a weekly newspaper of general circulation published in the City of Aspen,Colorado, in its issue of .~ /~ 1985 and finally adopted and approved at a regular meeting of the City Council on ~.~f-~. ~ .. , 1985, and ordered published as // Ordinanc~/e No. ~ ~ Series of 1985, of said City as provided by law. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of said City of Aspen, Colorado this ~-~ day of . 1985. Kathryn S.~6ch, City Clerk Deputy City Clerk