The URL can be used to link to this page

Home My WebLink Aboutbocc.con.035.2000 APPROVED BY BOCC ON 3_9-_ 2XO CONTRACT # � 2 � CONSENT TO ENTRY OF RULE AND ORDER AND POSSESSION AND USE AGREEMENT THIS AGREEMENT is made this_7_day of /)&i,q 2000, by and between the Board of County Commissioners of Pitkin County, Colorado ("County") and the City of Aspen, Colorado ("City") for the purpose of consenting to the entry of a Rule and Order in the condemnation action to be initiated by the County ; and for the purpose of granting the County an irrevocable right to possession and use of certain real property described on Exhibit "A" (the "Property") in connection with grants from the Federal Aviation Administration (the "FAA") for acquisition of property for the Aspen/Pitkin County Airport's object free area and runway protection zone. 1. Because the County needs to submit documentation to the FAA for its grant funding by March 31, 2000, and because both parties recognize the need to obtain FAA grant funds for this acquisition, the parties are willing to agree on a maximum acquisition price for the Property in advance of completion of appraisals to allow the County to submit its grant request. 2. The City is aware of the provisions of C.R.S. §38-1-121, which provides that where the estimated value of property to be acquired exceeds $5,000.00, the property owner shall be afforded the opportunity to obtain an independent appraisal, with the acquiring governmental agency paying the reasonable cost of said appraisal. Preliminary estimates indicate that the value of the Property will be in excess of$5,000.00. However, the City waives its right to an independent appraisal, and instead is participating with the County to agree upon appraisal assumptions to be submitted by the review appraisers, The Aspen Appraisal Group, Ltd., to be transmitted to the two properly appraisers who will be making appraisals of the property. The City understands that the two appraisals will be submitted to the review appraiser, who will select one as the fair market value of the property. 3. In addition, the City acknowledges that good faith negotiations have occurred and the City agrees to accept as full compensation for the Property the fair market value determined by the review appraiser, or$550,000.00, whichever is less. 4. The City represents that title to the Property is free and clear of all liens and encumbrances. 5. After execution of this Agreement, the County shall commence proceedings in eminent domain, and the valuation date for determining the amount of just compensation shall be February 1, 2000. 6. Auer receipt of the detemmination of fair market value by the review appraiser, the County shall pay the City the fair market value for the property, or $550,000.00, whichever is less, and the City shall grant to the County, as of receipt of payment, the irrevocable right to possession and use of the Property. 111111111111111111 III 111111111111111111 III 111111111 IN 456908 07/26/2001 12:56P CONSENT DAVIS SILVI 1 of 4 R 0.00 0 0.00 N 0.00 PITKIN COUNTY CO 7. This Agreement shall be binding upon the parties upon signature by the authorized representative of the City and County. 8. The parties also agree that upon payment to the City as detailed above, this Agreement may be presented by the County to the Court for entry of a Rule and Order. 9. The City agrees that the total sum to be paid by the County as set forth above shall be in full settlement of all claims against the County for the condemnation of the Property, including damages to the remainder, interest, costs, and use of temporary easements, if any. The City hereby agrees to discharge and hold the County harmless against any and all claims, liens, encumbrances, interest,judgments, and taxes of any kind or nature whatsoever, if any, accrued against the Property prior to the date of entry of a Rule and Order. BOARD OF COUNTY COMMISSIONERS, CITY OF ASPEN, COLORADO PITKIN COUNTY, COLORADO • BY' �a�. ShellRe Roy Harper, air 3— - ;:t p0 Q Racl 1 E. Richards, May r I TT ST: ATTEST: Je ��,ttc Jones, Dep County Clerk Kathryn Koch, ity Clerk 3 -<6--F OO D c:\Ironre\vickivWebbie\airport\coudemnalion\possuuagme.doc IIIIII "III IIIIII III IIIIII IIIIII IIIIII III IIIII IIII IIII 456908 07/26/2001 12:56P CONSENT DAVIS SILVI 2 of 4 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO 2 Drexel B arrell&co. EXHIBIT A Fagineer:lSucse3ors July 14, 1999 Boulder, Colorado Springs. Grt0le7 A legal description of the City of Aspen 4340 Pearl Eau circle Burlingame Land within theSuite 11 Airport d in E1/2 of Section 31 Boulder Colorado 80301-2473 ouldUa T10S, R85W ofprotection n the o6theP.M. pitkin County, B Colorado . 303 442 4338 303 442 4373 Fau onRC$L A A tract of land located 12fdSecrion 3 , Tfollow85W of the 6th p.M. , pitkin County, Colorado om ich Commencing Cat tb- oflsaid Section 3)rner of a bears id cNO3'S4' OO"E.whhencehe Northeast"C 9er of feet co the Westerly right-of-way of Colorado State Highway Number feet as described in Deed recorded in Book 157 at page 535 of the records of pitkin County and the TRUE FOZNT OF N&T►U NG. The following courses and distances are along the Northeasterly line of the tract of land as describe in Book 107 at pays 321 of the records of pitkin County Thence S69036'12"W, 699 .27 feet; Thence N11°51157"W, 947 .45 feet; Thence N63032' 00"E, 111.81 feet; the nce S75033100"E, 78 . 92 feet; Thence S67055' Oo"E. 44 .38 feet Thence S54°19' 00"E, 675 .92 feet to the westerly right-of-way line of said Westerly right-of-way of Colorado state Highway Number 82; (S .Pulliny IIIIII 'llll I'llll I" IIIIII III'll III"I III 'llll IIII I"I 456908 07/26/2001 12:56P CONSENT DAVIS SILVI 3 of 4 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO Legal Description Description (Continued) July 14, 1999 Page 2 Thence leaving the Northeasterly line of that tract of land as described in said Book 107 at Page 321, Southeasterly, 314 . 25 feet along the westerly right-of-way line of said Colorado State Highway Number 82 and along the arc of a curve concave to the Northeast, said arc having a radius of 2352 .00 feet, a central Sangle of 15126, 19?E39314' 01 feet nd ito the ng tTRUE dPOINT O by a F rd that ears BEGINNING Area s 10.978 acres Legal Description' Prepared By: Scott A. Pulling, PLS 27936 Drexel Barrel! & Company 4840 Pearl East Circle, Suite 114 Boulder, Colorado 80301-2475 (303) 442-4338 I IIIIII IIIII IIIIII III IIIIII IIIIII illlll III "III IIII IIII 456908 07/26/2001 12:56P CONSENT DAVIS SILVI 4 of 4 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO (s .Pulling - 5665-5D - 5069L.SP)