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resolution.council.025-11 RESOLUTION NO. cab (Series of 2011) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, SUBMITTING TO THE ELECTORATE OF THE CITY OF ASPEN A CERTAIN QUESTION SEEKING AUTHORITY TO EXCHANGE CITY OWNED OPEN SPACE FOR AN EQUAL AMOUNT OF LAND WITHIN THE ANDERSON SUBDIVISION. WHEREAS, the City of Aspen owns certain property of approximately 54,500 square feet, commonly referred to and known as Lot 1 of the Anderson Subdivision, originally acquired for the preservation of open space and the future development of Anderson Park; and WHEREAS, a private party owns a parcel of land within the Anderson Subdivision designated as the "Lot 2" on the First Amended Plat of the Anderson Subdivision recorded in the Pitkin County Clerk and Recorder in Book 39, Page 101, as Reception No. 394519, a copy of which is appended hereto as Exhibit A; and WHEREAS, said "Lot 2" has an area of approximately 6,092 square feet and is located within the Anderson Subdivision so that it substantially interferes with the ability of the City owned lot to serve as public open space or for the future development of Anderson Park; and WHERES, the owner of said "Lot 2" has agreed to exchange his lot for a similarly sized parcel of land owned by the City within the Anderson Subdivision that would not interfere with the development of a future park; and WHEREAS, the development rights of the privately owned lot will not change by the proposed exchange; and WHEREAS, the City Council is scheduled to approve an amendment to the Anderson Subdivision to amend the location of Lot 2 within the Subdivision as more fully described in the Second Amended Plat appended hereto as Exhibit B, subject to voter approval of the following proposed ballot question; and WHEREAS, the Section 13.4 of the City of Aspen Home Rule Charter requires voter approval to sell, exchange, or dispose of real property in public use including property acquired for open space purposes; and WHEREAS, the City Council desires to obtain authorization from the electors of the City of Aspen to exchange lots with the private owner of a lot within the Anderson Subdivision to facilitate the development of the Anderson Park. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT: The following question, authorizing the City Council of the City of Aspen to exchange lots within the Anderson Subdivision with the private owner of a similarly sized lot, shall be placed on the ballot at the May 3, 2011, election: Shall City Council be authorized to exchange a City owned parcel of land within the Anderson Subdivision of approximately 6,092 square feet for a parcel of privately owned land of equal size within the Anderson Subdivision? • The exchange of land is being proposed to make the entire Anderson Subdivision land owned by the City function better as open space and the future development of Anderson Park. • The exchange of lands will not affect the development rights of the privately owned parcel of land. • A plat of the Anderson Subdivision graphically depicting the parcels of land proposed to be exchanged is available for public inspection during business hours in the City Clerk's Office. Yes No INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen //a on the & day of `4611. Michae , C. Irel. d, Mayor I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held on the day hereinabove stated. [ 71 Kathryn S. Ky. , City Clerk