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HomeMy WebLinkAboutordinance.council.034-83 (Series of 1983) AN ORDINANCE VACATING THAT PORTION OF NORTH STREET SITUATED BETWEEN THE EASTERLY BOUNDARY OF EIGHTH STREET AND THE WESTERLY BOUNDARY OF SEVENTH STREET AND THAT PORTION OF EIGHTH STREET NORTHERLY OF A DIAGONAL LINE DRAWN FROM THE INTERSECTION OF THE EASTERLY LINE OF THAT CERTAIN EASEMENT RECORDED IN BOOK 186 AT PAGE 115, PITKIN COUNTY, COLORADO, RECORDS, WITH THE SOUTHERLY LINE OF BLOCK 1 TO THE SOUTHWESTERLY CORNER OF LOT A, BLOCK 8, AND BOUNDED ON THE NORTH BY THE ASPEN TOWNSITE LINE AND ON THE EAST BY THE EASTERLY BOUNDARY OF EIGHTH STREET, LOCATED IN THE CITY OF ASPEN, PITKIN COUNTY, COLORADO WHEREAS, a Petition for Vacation dated Novembe~ 9, 1982, annexed hereto as Exhibit A and incorporated by this reference, has been submitted by Charles B. Marqusee and Helga Marqusee, Robert W. Pullen and Anne Pullen, Jack A. Titus, and Lucy Reed Hibberd (hereinafter collectively referred to as "Petitioners"), requesting the vacation of an unopened portion of North Street and an unopened'portion of Eighth Street located within the boundaries of the City and Townsite of Aspen, Pitkin County, Colorado, all as more particularly shown on the "Map of Proposed Vacation" attached hereto as Exhibit B and made a part hereof by this reference"; and WHEREAS, as an inducement to the City Council to approve the aforesaid Petition, the Petitioners have tendered to the City Council a Declaration of Covenants, Conditions and Restrictions dated and executed as of July 8, 1983, a copy of said Declaration being annexed hereto as Exhibit C and made a part hereof by this reference. The most significant elements of said Declaration are as follows: 1. Petitioners' dedication of a perpetual easement for the future widening of Meadows Road by the City of Aspen; 2. Petitioners' dedication of a parcel of land for the future extension of Seventh Street by the City of Aspen; 3. Marquesees' sterilization in perpetuity of the partial lots owned by them lying to the North of the portion of North Street hereby vacated; 4. Petitioners' covenant to pave the entire alley in Block 8 at Petitioners' cost and expense, and to provide financial assurances therefor; 5. Petitioners' covenant to install a new fire hydrant at Petitioners' cost and expense, and to provide financial assur- ances therefor; 6. Petitioners' grant of a twenty (20' foot wide pedestrian trail easement along the North boundary of the Aspen Townsite from Meadows Road to Seventh Street, as depicted on attached Exhibit B; and 7. Petitioners' covenant to landscape extensively the vacated area. And having considered the aforesaid Petition and the Declaratio~ of Cqvenants, Conditions and Restrictions tendered by the Petitioners, the City Council does hereby find that upon the per- formance of the requirements set forth in Section 2 below, the public use, convenience and necessity will no longer require the hereinafter described portions of public streets; and WHEREAS, the vacation of that portion of North Street and that portion of Eighth Street as described hereinafter will not leave any land adjoining the same without a means of access over an established public way connecting such lands to an established public street. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That the portion of North Street situated between the Easterly boundary of Eighth Street and the Westerly boundary of Seventh Street, and the portion of Eighth Street Northerly of a diagonal line drawn from the intersection of the Easterly line of that certain easement.recorded in Book 186 at Page 115, Pitkin County, Colorado, records, with the Southerly line of Block 1 to the Southwesterly corner of Lot A, Block 8, and bounded on the -2- North by the Aspen Townsite Line and on the East by the Easterly boundary of Eighth Street, City and Townsite of Aspen, Pitkin County, Colorado, shall be, and hereby is, vacated. Section 2 That the vacation as aforesaid stated shall become effective upon the occurrence of the following events: 1. Recordation of the Declaration of Covenants, Conditions and Restrictions by the City.Clerk. 2. Certification in writing (in recordable form) by the City Manager that Petitioners have delivered to the City the financial guaranty required by Paragraph 6 of the Declaration of Covenants, Conditions and Restrictions. ~ Section 3 That the City Attorney certify that there are no encum- brances~ liens, limitations, restrictions and estates as to the land to which the vacated property will accrue such that they will or may prejudice the City by rendering inoperative the Declaration of Covenants, Conditions and Restrictions in a subse- quent foreclosure or otherwise and that upon the happening of the events described in Section 2 and subject to the reservations included within Section 5 title to the lands so vacated shall vest as provided by Section 43-2-302, C.R.S. 1973. Section 4 That there is hereby reserved by and to the City of Aspen over and across the vacated area the following: (1) A twenty (20') foot wide perpetual trail easement bounded on the North by and running parallel to and South of the Northerly boundary of the Aspen Townsite, commencing at the Easterly right-of-way line of Meadows Road and continuing to the Westerly right-of-way line of Seventh Street as described in the Declaration of Covenants, Conditions and Restrictions, for purposes of pedestrian access, as such easement is shown on attached Exhibit B; -3- (2) A twenty (20') foot wide perpetual easement along the entire Northerly twenty (20') feet of vacated North Street, for purposes of fire lane access, as such easement is shown on attached Exhibit B; (3) All rights-of-way or easements for the continued use of existing sewer, gas, water or similar pipelines and appurte- nances, and for such ditches or canals and appurtenances as may normally be appropriate for installation in City streets, and for electric, telephone and similar lines and appurtenances, as now exist or by the City Council may be deemed necessary in the futurs for such purposes, provided only that all such utility lines which may be installed in future shall be placed under-~ ground. Section 5 That the City Clerk be and hereby is directed, upon the adoption of this ordinance, to record a copy of this ordinance and all of the exhibits annexed hereto in the Office of the Pitkin County Clerk and Recorder. Section 6 If any section, subsection, sentence, clause, phrase or por- tion of this ordinance is for any reason held invalid or uncon- stitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions thereof. Section 7 A public hearing on the ordinance shall be held on the day of . . . , 1983, at 5:00 P.M. in the City Council Chambers, Aspen City Hall, Aspen, Colorado. -4- INTRODUCED, READ AND ORDERED published as provided by law by the City Council of the City of Aspen on the day of , 1983. William Stirling, Mayor ATTEST: Kathryn S. Koch, City Clerk FINALLY adopted, passed and approved on this day of , 1983. William Stirling, Mayor ATTEST: Kathryn S. Koch, City Clerk -5- EXHIBIT A TO: CITY COUNCIL, CITY OF ASPEN, COLORADO. The undersigned hereby petition the City Council, City of Aspen, Colorado, no vacate the public streets described in the attached Exhibit A and located within the boundaries of the City and Townsite of Aspen, Colorado, (hereinafter referred to as "Streets"), and in support thereof state, as follows: 1. Petitioners are ali of the owners of all lands which abut that portion of North Street shown on the ancached Exhibit B and Petitioners Charles B. Marqusee and Helga Msrqusee are alt of the owners of all lands which abut that portion of 8th Street shown on the attached Exhibit B, with the single exception of the land owned by Hans B. Cantrup. 2. Vacation of the Streets will not leave any land adjoining the same withoat a means of access over an establisted public way connecting such lands to an established public s~reet. 3. The Streets are entirely within the corporate limits of the City of Aspen, State of Colorado, ~nd no part thereof forms the boundary of another city or town or a county. 4. Vacation of the Streets should be subject to rights-of- way or easements for existing sewer, gas, water, or similar pipelines and appurtenances, ditches and for electric, telephone and similar lines and appurtenances. 5. That the Streets have never been constructed or maintained by the City of Aspen. That this petition may be signed and delivered in counterparts, each of which shall be deemed to be an original, and the signature pages therefrom may be combined with the s~gnature page hereof to constitute a fully executed original maste~ of this Petition. DATED this 9th day of November, 1982. Charles E. Marqusee /,, EXHIBIT A TO PETITION TO VACATE T~at portion of North Street situated between the Easterly boundary of Eighth Street and the Westerly boundary of Seventh Street. That portion Of Eighth Street Northerly of a diagonal line drawn from the intersection of the Easterly llne of ~hat certain easement recorded in Book 186 at page 115, Pitkin County, Colorado, records, with the Southerly line of Block 1 to the Southwes'terly corner of Lot A, Block 8, and bounded on the North by the Aspen Townsit¢ Line and on the East by the Easterly boundary of Eighth Street. MAP OF PROPOSED VACATION EXHIBIT B TO PETITION TO VACATE / ! COUNTERPART SIGNATURE AND ACKNOWLEDGEMENT PAGE FOR ATTACHMENT TO PET!TIO~ OO VACATE The undersigned, being one of the owners of the l~nds abutting North Street, City and Townsite of Aspen, Colorado, hereby acknowledges receipt of said Petition and execution of this Counterpart. The undersigned hereby authorizes the attschment of this sign~%ure and acknowledgement p~ge to the master Petition to Vacate, hereby rstiZying and confirming s~aid ac5 of attachment for all intents and purposes as if the undersigned ,had executed said master Petition ko Vacate. Ja~Titus COUNTERPART SIGNATURE AND ACKNOWLEDGEMENT PAGE FOR ATTACHMENT TO PETITION TO VACATE The undersigned, being one of the owners of the lands abutting North Street, City and Townsite of Aspen, Colorado, hereby acknowledges receipt of said Petition and execution of this Counterpart. The undersigned hereby authorizes the attachment of this signature and acknowledgement page to the master Petition to Vacate, hereby ~stifying and confirming ~aid act of attacnmen5 for ~i1 intents and purposes as if ~ne undersigned had executed s~id master Petition to Vacste. DATED this /~? d~y o '~ ' ' , 1982. Anne ~ul!en COUNTERPART SIGNATURE AND ACKNOWLEDGEMENT PAGE FOR ATTACHMENT ~O PETIT/ON TO VACATE The undersigned, being one of the owners of the lands abutting North Street, City and ~ownsite of Aspen, Colorado, hereby acknowledges receipt of said Petition and execution of this Counterpart. The undersigned hereby authorizes the attachment o~ this signature and acknowledgement page to the master Petition to Vacate, hereby ratifying and confirming mid act of attachment for all intents and purposes 3s if the undersigned had executed s~id m~ster Petition to Vacate. DATED this ~ day of ~.~ , 1982. EXttIBIT B / / . ~ ~ / o ~ Reserved Trail Easement / / / /.~ Reserved / Fire Lane Easement for Widening of Meadows Road VACANT LAND CONTRACT TO ~OY A~D SELL REAL ESTATE ~Remedies ]nciude Specific Perforrnancel Sel 1 er ........ _J_U~ e_._ _1 __, 1,.~ ¢_~.._ Chapman, CitZ Mana¢¢.r '- o~.,~_:~¢__ .i~h~m,.,nora check - ~ ,~obe}wldby Frank Christopher A UlT~ch '~-n --g~'~ OTn'e, Ws ~nCer'e s t'- e a Tn-ting- ........................... s*a ..... City of As~en ~unt. or Pitkin Colorado Lot 1, Block 4, Lakeview Addition to the City and Townsite of Aspen ~ogether witb alt easements and rights of way appur~onan[ 1 hereto and &Il imt rovements thereon and all fixtures el a permanent nature cuYrently on the premlses except as hereinafter provided, in their presenzcondition ordinary wear and gear excepted, and hereinafter called the Properw. 2 Theundersignedperson(~ ~Y q~. by_.~_~ha~m~_~C_i~_~ge~ 4~l~t6/vc~ co~. bereinafier called Purchaser. hereby agrees ~o buy the Property, and tht undersigned owner(s hereinafter called Seller, hereby agrees to sell the Property upon the terms and conditions stated herein. 3. The purchase price shall be U.S. ~8~ 0 00, 0 0 , payable as follows: $.~0 O, ~Q hereby receipted for; 72,000 dollars in cash or certified funds at the time of closing plus customary closing adjustments 4. Pricetoinclude: Any and all zmprovement$ on the property andthefoltowingwaterrights: All appurtenant to the properEy or used in connection 'therewith including all ditch rights and well rights as of May 31, 1983, by quit-claim deed. Seller does not represent that there are any such water rights. apply for 3U~. ih} cxccu~all doc::mcnt>and furnish (e) pt~~'p f0s%2 c~taini~h lean. T~l;~n~n o ' 7. [f a note ls to be made pav: etoSe er tsla'talorfu]lpaymentofthepurchaseprice, thiscontractsha]lnot S. Cost of any appraisal for loan purposes to be obtained after this date shall be paid by EXHIBIT "A" .... .., Transamerica ~itle Co~panv _J~_ly__8_ ......... ~_3_. or. by m~,t.a~ a~'~,em~.n~.., ~ . :.'ti,.' d.t~,. ~o~.'~.~'in~' th~ Prop,,rty ~,'<.~ and clear of all taxes, except the general taxes for the year of c osm,r, and or exceptions of record that do nec make title unmerchantable and or that do non m? e the property unsuitable as "Open Space' do non make nitle unmerchantable and, or that do not make the property unsuitable as "Open Space" title unmerchantaBle and/or do non make the property unsuitable as "Open Space' 15. Possession of the Properw shall be delivered to Purchaser on subject to the following leases or tenancies: N / A 16. In the event the Property is substantially damaged by fire, flood or other casualty between the date of this contract and the date of delivery of deed, Pm'chaser may elect to terminate this contract; in which ease all payments and things of value received hereunder shall be returned to Purchaser. 17. Time is of the essence hereof. If any note or check received as earnes~ money hcreunder or any other payment due hereunder is riel paid, honored or tendered when due, or if any other obligation hereunder is not performed as herein provided, there shall be the following remedies: (al IF SELLER IS IN DEFAULT, (1) Purchaser may elect to treat this contract as terminated, in which case al! payments and things of value received hereunder shall be returned to Purchaser and Purchaser may recover such damages as may be prope~; or (2l Purchaser may elect to treat this contract as being in full force and effeel and Purchaser shall have the right to an action for specific per former ce or damages, or both. (b IF PURCHASER IS IN DEFAULT, (1) Seller may elect to treat this contrac~ as terminated, in which case all payments and things of value received hereunder shall be forfeited and retained on behalf of Seller and Seller may recover such damages as may be proper, or (2) Seller may elect to treat this contract as being' in full force and effect and Seller shall have the right to an action for specific performance or damages, or both. (el Anything to the comrary herein notwithstanding, in the evenl of any litigation arising' ou~ of this contract, the court may award to the prevailing party all reasonable costs and expense, including attorneys' fees. 18. Purchaser and Seller agree that. in the event of any controversy regarding the earnest money held by broken unless mutual written in{t~luct!oRis rece~v.,ed, by broke~; broker shall not be required to take any action but may await any proceeding, or at broker's option and discretion, may interplead any moneys or things ,ff value into court and may recover court costs and reasonable attorneys' fees. (A) Determination of "merchantable", "unmerchantable" and "nnsuitable" hereunder including, withouu limitation, those made pursuanu no Paragraphs 11 and 12 hereinabove, shall be an the sole discretion of the Purchasers legal counsel. (B) Purchaser's obligation hereunder are expressly ccnditioned upon adoption by Aspen's City Council of an Ordinance approving and accepting the terms of this Contract. (C) Sellers represent to Purchaser that the within-contemplated sale of Lot 1 is not the subject of any operative realtor's or real estate broker's sales listing and or commission agreement. Further, in the evenn that any such real estate commission(s) shall become due in connection with this sale, Seller agrees no indemnify the Purchasers against the paymenu of any such commission(s) and'or other cos[ (including reasonable attorneys fees) in connection with defense of s claim for such commission(s~ from a real estate broker or salesperson. Jun~ ., 19 this instrument shall become s contrs :t between Seller and I~urchaser and shall inureJ~ the benefit of thcXeirs, successors and assigns of such parties, except as stated in paragraph 7. ~ __ _ Broker No~e /~yne C~pm~, City MaMager By: Purchaser,sAddressOi~ of AspeD, ~0 South Galena, Aspen~ Co. 81611 (The following section to be complcted by Seller and Listing Agentl 21. Seller accepts the above proposal this 2 day of June _ 19 8 3 and agrees to pay a commission of_ -0- __% of the purchase price for services in this transaction, and agrees that, in the event of forfeiture of payments and things of value received hereunder, such paymenss and things ofty~u-h? shall Seller'sAddress_-~5_0O ~$t HaiJ~m~A~%p~_n~ C~. 81611 Listing Broker's Name and Address ~{~-n~ --