HomeMy WebLinkAboutbocc.ord.023.2008 ORDINANCE 023-2008
NOTE: THE AGREEMENT REFERRED TO IN THE ATTACHED ORDINANCE WAS NEVER FINALIZED
RECEPTION#: 551404, 07124/2008 at
03:48:42 PM,
1 OF 3, R $0.00 Doc Code ORDINANCE
Janice K. Vas Caudill, Pitkin County, CO
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
PITKIN COUNTY, COLORADO, AUTHORIZING THE CHAIR TO EXECUTE
THE NECESSARY DOCUMENTS TO CONVEY PITKIN COUNTY'S 40-ACRE
COUGAR CANYON OUTPARCEL TO WILLIAM AND JULIEAN CHAROUHIS
ORDINANCE NO. ~ - 2008
1. Pitkin County (the "County") is the owner of that property known as the
Cougar Canyon Outparcel as described in the Cougar Canyon Outparcel ("Parcel")
Boundary and Improvement survey performed by Grand Valley Surveying dated August
3, 2007 and more specifically described in Exhibit "A" attached hereto.
2. The County acquired the Parcel as an exaction during approval of the
Cougar Canyon Subdivision development application. The exaction was based upon
mitigation for employee housing impacts. The Parcel was deed restricted to allow no
more than two units on the Parcel pursuant to the exaction required in the subdivision
approval process.
3. The county has determined that affordable housing is not appropriate for
the site as it is located outside of the urban growth boundary, therefore, the BOCC has
determined it to be more appropriate to sell the parcel and put the proceeds toward other
affordable housing projects in different locations.
4. On or about June 26, 2008, the County was offered a Contract to purchase
the Parcel by the William and Juliean Charouhis for a purchase price of $1.75 million
($1,750,000). ~
5. This offer is contingent upon the buyers being granted the option in
writing to provide a conservation easement for horse back riding trails on 30 acres of the
property to the City of Aspen and Pitkin County Open Space and Trails Boards in return
for payment of $800,000. In the event the Charouhis's elect to accept the $800,000 in
return for the conservation easement, they will be limited to one building site for the
property.
6. The County shall furnish buyers with a well permit for the existing well
serving the property and transfer the well rights to buyers by quit claim deed.
There are no financing contingencies.
8. The BOCC finds that adoption of this ordinance is necessary for the
immediate preservation of the public health, safety and welfare of the citizens of Pitkin
County and therefore declares this ordinance and legislation to be effective immediately.
NOW THEREFORE, be it ordained by the Board of County Commissioners of
Pitkin County, Colorado that the Board of County Commissioners authorizes the
Chairman (or Chairman's designee) to execute the necessary documents, as approved by
ORDINANCE 023-2008
NOTE: THE AGREEMENT REFERRED TO IN THE ATTACHED ORDINANCE WAS NEVER FINALIZED
Ordinance No. ~ ~3 - 2008
Page 2
the County Attorney, to effect the sale of the County's Cougar Canyon Outparcel for the
sum of $1.75 million.
INTRODUCED, FIRST READ AND SET FOR PUBLIC HEARING ON
THE 9TH DAY OF JULY 2008.
NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES
WEEKLY ON 13TH DAY OF JULY 2008.
APPROVED UPON SECOND READING AND PUBLIC HEARING ON
THE 23TH DAY OF JULY 2008.
PUBLISHED AFTE OPTION IN THE ASPEN TIMES WEEKLY ON
THE DAY OF 2008.
THIS ORDINANCE IS EFFECTIVE UPON ADOPTION.
ATTEST:
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
Clerk Jack atfield, Chairm
Date: /y ~~' ~~ U~
APPROVED AS TO FORM:
~ .1
ohn M. El ounty orney Hilary F
,County Manager
Ordinance No. - 2008
Page 3
EXHIBIT ~ ~~
~ ~~n ' _
40 ACRE OUTPARCEL COUGAR CANYON SUBDIVISION
A PARCEL OF LAND SITUATED IN SEC7EON5 9. I4, i7, 20 ANp 21, TOWNSHIP
9 SOUTH. RANGE 85 WEST OF THE bih P.M. BEING A PORTION OF THE COZY
POINT RANCH AS DESCP.IBED tN BOOK Tb3 AT PAGE 591 OF THE PtTKIN COUNTY
COLORA0O:
BEGINNING AT A POINT ON 7HE WESTERLY LINE OF THAT PARCEL OF LAND AS OESCRIB£D IN BOOK
7Of AT PAGE 263 OF TH£ P17K[N COUNTY RECORDS WHENCE T'HE NORTHEAST CORNER OF SECTION 1 7 11913
GLO BRASS CAP IN PLACE) BEARS N 14°Si 14'W 6 .887 84 FEET:
THENCE SOUTHERLY ALONG TWE WESTERLY LINE OF SAID BOOK 7Ot AT PAGE 263 n5 FgL.LOWS:
503.53 20'W 57.87 FEET '
197.92 FEET ALONG THE ARC OF A CURVE TO THE I_FF7 HAVING A RADIUS OF b3O OO FEET :GHOR~
BEARS 505"06 40'E 197 I1 FEETf
370.63 FEET ALONG THE ARC OF A CURVE TO 7HE RIGHT HAVING A RADIUS qF 531 95 FEET ttiHOkD
BEARS 505°SO'Sfi'W _363.18 FEET)
s25`48'2o'W 153 17 BEET 70 THE INTfRSFC TION WITH BRUSH CREEK VILLAGE FILING N0 2 ns
PLATTED:
THENCE WESTERLY ALONG THE NORTHERLY BOUNDARY OF BRUSH CREEK VILLAGE. FfL FNG )JO 2 AS
PLATTED AS FOLLOWS:
N6A`55~00'W 35.74 FEET
S56`OS 47"w 277 O6 FEET
39 64 FEET ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RI.DrUS
OF 20 00 FEET iCHORD BEARS Nb4°SO'00'W 33 i7 FE£T}
N09°4b'00'W 49.75 FEET
225.74 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS
OF 130.00 FEET (CHORD BEARS N59°31'IS'W 19$ 43 FEETY '
STO°44'O0'W 75.00 FEET
186.39 FEET Ai.ONG THE ARC OF A CURVE TO tHE LEI-'T HAVING A P,AD~US GF RC Oti FEE: i CHORU
BEARS S03•SB'46'W 147 00 FEET)
57 II FEET ALONG THE ARG OF A CURVE 70 THE ITIGHF RAVING A RAD+US
OF 70 00 FEET (CHORD BEAR5 S39`23'2t`E 55.54 FEFT1
516`O1'0O'E 88 00 FEET
48 78 FEET ALONG TWE ARC OF A CURVE TU 7HE LOFT HAVING n RAfU US
OF 130.00 FEET tCHORD BEARS S26°4b'02'E 48 49 F'FETI
SST°I3'00'E 56 00 FEET
222.02 FEET ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RnDiUS
OF 170,00 FEET (CHORD BEARS 50°OS 51'E 2OG S7 FECTt
S3%"19'00'W 93.00 FEET
` 148.23 FEET ALONG THE ARC OF k CURV£ TO THE LEFT HAYING A RADIUS
OF !30.00 FEET (CHORD HEARS 504'38-55"Vl 140..33 FEFT~
48 89 FEET ALONG THE ARG OF n CURVE TO THE RIGHF HnvING n RnD+uS
OF 70.00 FEET iCHORO BEARS S08°DI'3F'F 4'.QO FEE71
S41'S9'00'W 99.28 FsET
N78°OI 00"W 489.%3 FEET
N48°45 0O'W b74 73 FEET:
THENCE OEPAR'fING THE NORTHERLY BOUNDARY OF B RUSH f_REEK SUBDIVISION FILING NO 2 A5
PLA7T£D Ntl'41 t7'E 943.48 FEET:
THENCE N53'Sfi"S2'E' (76.30 FEET:
THENCE N87°23'18'E 1.272 31 FEET TO THE POIN T OF BEGINNING
CONTAINING RU 03 ACRES tADRE OR LESS
GRANTOR S INTERCST IN
TOGETHER WITtn ALL THE THAT STRIn OF LAND BETWEEN THE NORTTHERLY
'
_
BOUNDARY OF BRUSW CREEK VIE_LAGE SU8DtV1SION FILING NO 2 AS PLATTED nN7 AS STAKES !N :.~'+
THea FI'
BA51S OF BEARINGS 589°58 14'E 2.406 47 BETWE EN NW CORNER SECTION I7 aND IHE SOUT)I ':4 COP.NEit O)'
SECTION 8 f19+3 GLO BRASS CAPS3