HomeMy WebLinkAboutbocc.con.061.2000 I I. . I LI,d; W-0an1 II
I IIIIII IIIII IIIIII IIIIII IN 11111111111111111111111 In "PPROVED BY BOCC 41—
448M 10/10/2008 0S:00P AGREENEN DAVIS SILVI
ON 6%-/3-,)000 ..�. 0114ACT�k_,_
1 of 4 R 20.00 D 0.80 N 0.00 PITKIN COUNTY CO
COLORADO DEPARTMUT OF TRANSPORTATION Project# NH 0821-051 U7;t 1
POSSESSION AND USE AGREEMENT Loco'on ,k3C to Buttermi_'is
Parcel e
PqJ^e P
qA
Propem e(SA#)
1'+
This agreement is made this day of a.d. t<=between the State Department of
Transportation.Stale of Colorado, (herein reforreMofas the department), and Board of Co- ty Corn !ssioner" o`
P+tkin COUnrIT and Citly of Acpen (herein
referred to as the landowner) for the purpose of granting the irrevocable right to possession and use to the department, its
contractors,agents,and all others deemed necessary by the department of parcels) 121 and 121 Access
of Project no. -qH 0871-o51 tt-.=« 1 for the
purpose of constructing a portion of State Highway no. 82 The property involved is described more fully in Exhibit A(and
Exhibit B) attached hereto and made a part hereof by reference.
1. In consideration for this irrevocable grant of possession the department will tender to the landowner(s)the sum of
569,640.00 .The department shall be entitled to take possession upon tender of payment. It is understood the sum
tendered represents ,nnf percent of the department's appraised value of the just compensation owed to the landowner(s). It
is agreed this sum shall be deducted from any final settlement amount,award,or verdict.It is also agreed in the event the uhimate
settlement amount, award, or verdict is less than this sum the undersigned landowner(s) shall refund the difference to the
department.
2. The landowner(s)represents that the title to the property is free and clear of all liens and encumbrances or that proper releases
will be executed for the property herein described prior to funds being disbursed under this agreement. The landowner(s)further
agrees to hold the department harmless from all liability for unreleased or undisclosed liens or encumbrances affecting the property
herein described.
3. This agreement is made with the understanding the department will continue to negotiate in good faith with the undersigned
landowner(s)to acquire the interest in the property described by direct purchase. It is further understood in the event a settlement
is not reached within 90_days of the signing of this agreement such failure will be a confession that the negotiations to acquire
the property described herein have proved futile.At this point the department may begin proceedings in eminent domain to acquire
title to the property herein described.The department shall not unreasonably delay the commencement of proceedings under the
eminent domain law once the time provided for in this paragraph has expired. If the department begins proceedings in eminent
domain,it is understood and agreed this agreement shall continue in effect until either a settlement is reached or a rule and order
as provided for in C.R.S.38-1-105(3)is entered by the court.
4. If the department begins proceedings in eminent domain it agrees to deposit the remaining amount of its appraised value of the
just compensation owed to the landowner(s)into the registry of the court If it has not previously tendered 100 percent of this amount.
Any sums deposited in the registry may be withdrawn by the undersigned landowner(s)If all parties interested in the property sought
to be acquired consent and agree to such withdrawal. Any such withdrawal of said deposit shall be deducted by the clerk from any
award or verdict entered thereafter or by the department from any settlement reached.It is agreed in the event the uhimate settlement
amount,award,or verdict is less than the total of the sums paid to and withdrawn by the undersigned landowner(s),the undersigned
landowner(s) shall refund the difference to the department.
5. It is agreed by the undersigned in the event proceedings in eminent domain are begun the valuation date for determining the
amount of just compensation shall be tha date on which payment was tendered to the landowner(s)pursuant to paragraph one above.
6.It is agreed by entering into this agreement the undersigned do nol waive any right to raise any issue pertaining to just compensation
at the time of trial.
7.The purpose of this agreement is to allow the department to proceed with its construction project without delay and to allow the
landowner(s)to avoid litigation at this time.
8.The undersigned landowner(s)agres(s)to pay all taxes,including prorated taxes for the current year, and special assessments
due at the time the department takes possession of its (their) property.
9.This agreement shall be deemed a contract and it shall bind the parties only when signed by all landowners or their designated
representatives and one of the following on behalf of the department:Staff Right of Way Manager, Staff Right of Way Supervisor,
Regional Transportation Director,Region Preconatruction Engineer,Region Right of Way Supervisor or their superiors.This contract
shall also extend to and bind the heirs,devisees, executors,administrators, legal representatives, successors and assigns of the
parties.
10. It is agreed the department shall record this document.
pe_ect na-� �p P-,p uted 4n C } -
11.CRhorconditions a`_ctl -a' -1 -n�P-2P- - one P }
e .ECU' inn 7 _ ( : II-ve P'::P_CLI•Pd at '_ee9 OIle !'O.. .e t^•[.` '+.O
Landowner agrees to indemnity and hold harmless the Colorado Department of Transportation from all claims and liability related
to the presence,disposal,release or clean-up of any contaminants located on or attributable to activities occurring on the property
prior to the execution of this Agreement. AFTER RECORDING PLEASE MAIL TO:
LanClowner SS#or FEIN# Coloraan pwzascent or i ransportation
** SEE ATTACHED 4201 C- A rkar;, l<_ Ave., 4th Floor
Landowner 7SSeorFEINR ATTENTION: F. t of Way Section
FOR THE DEPARTMR@ OF TRANSPORTATION
Right of way Superviso Dale
9/z �
61W.smy ROW/erMn.MMWV owrr Conrr- ROW/Pink-R
Ooklonrod-R"W ConrWabn Ehgvw R"W- Ens pkn Pnpo,r,nMpn Eneiiw/Pmjq klanoee CDOT Form/rM N1
EXHIBIT "A"
PROJECT NUMBER:NH 0821-051 UNIT I
PARCEL NUMBER: 121
y Project Code: 12269
$ Date:January 12,2000
�R z DESCRIPTION
A tract or parcel of land No. 121 of the Department of Transportation,ransportation,State of Colorado,Project No.
NH 0821-051 Unit I containing 1.159 acres more or less,said tract or parcel being a part of the excepted and
ec� reserved tract GC, as described in book 294, page 943 in the records of Pitkin County, in the Northeast
m Quarter of Section 3,Township 10 South,Range 85 West,of the Sixth Ptinci Merl° z pal dian,inPitkin County,
..z Colorado,said tract or parcel being more particularly described as follows:
o
� BEGINNING at a point on the Southerly line of said tract GC,from which the Northeast comer of
z a said Section 3 bears North 420 53'39" East,a distance of 1,480.19 feet;
auluI
�w -
=w 1. Thence North 091 East, a distance of 180.68 feet;
M�
2. Thence North 020 05'48"East, a distance of 394.41 feet;
e
_v 3. Thence North 03"43'24"We
st, a distance of 97.46 feet;
4. Thence North 060 43' 49"West,a distance of 212.79 feet;
5. Thence North 180 58, 06"West,a distance of 230.85 feet to the Northerly line of said tract
GC;
6. Thence along said Northerly line, South 890 12' 25"East, a distance of 62.46 feet to the
Westerly Right of Way line of Colorado State Highway 82(Project No.AWP 2012-B,Nov.
1937);
7. Thence along said Westerly Right of Way line,and along the arc of a curve to the right with
a radius of 1,860.00 feet,a central angle of 21138' 03",an arc length of 702.31 feet and a
(chard which bears South 06"45' 03"East,a distance of 698.15 feet);
8. Thence continuing along said Right of Way line, South 040 02' 29" West, a distance of
406.84 feet to the Southerly line of said tract GC;
9 Thence along said Southerly line,North 89"09' 3 1"West, a distance of 54.00 feet to the
Point of Beginning.
The above described tract or parcel contains 50,487 square feet(1.159 acres),more or less.
BASIS OF BEARING: South 891 12'25"Past, 2703.97 feet,along the North line of the Northeast
Quarter of Section 3,Township 10 South,Range 85 West,of the Sixth Principal Meridian.The North Quarter
corner of Section 3 being a 2.5"G.L.O. Brass cap and the Northeast comer of Section 3 being a 2.5"Brass
cap,LS 9194, 1994. �r.,.,aurrrrrryr
REG PREPARED BY:
Ronald E. Ilk,PLS 24313 AFTER RECORDING PLEASE MAIL'
MK Centennial Colorado Department of Transpor 24313 o
10822 W, Toiler Drive 4201 E. Arkansas Ave., 4th F r- o
Littleton,CO 80127 Denver, CO 80222
ATTENTION: Fight of W
Y91f1RNtONY6fML91%.131.00t '��:v°Q I I h'\`li`. ,•`
I1i IF IIF Ili If
1 li :i iINIYI kNJUII: II
EXHIBIT"B" l
PROJECT NUMBER:NH 0821-051 UNIT 1
ACCESS
PARCEL NUMBER: 121
Project Code: 12269
Date: January 12,2000
DESCRIPTION
EACH AND EVERY RIGHT OR RIGHTS OF ACCESS OF THE GRANTOR to and from any part
of the right of way of Colorado State Highway No. 82,a Highway established according to the laws of the
State of Colorado,and from and to any part of the property.of the Grantor in the Northeast Quarter of Section
3,Township 10 South,Range 85 West,of the Sixth Principal Meridian,inPitkin County,Colorado, abutting
upon said Highway,along or across the access line or lines described as follows:
NH 0821-051 UNIT 1 121 Westerly
(Project No.) (Parcel No.) (Location of Line)
BEGINNING at a point from which the Northeast corner ofsaid Section 3 bears North 42'53'39"
East,a distance of 1,480.19 feet;
1. Thence North 09' 33' 41" East, a distance of 109.71 feet to the center of a 116.05 foot
opening which is being excepted from this access limitation agreement•,
2. Thence continuing North 09"33'41"East, a distance of 70.97 feet.
3. Thence North Or 05' 48"East, a distance of 394.41 feet;
4. Thence North 03"43'24"West,a distance of 97.46 feet;
5. Thence North 06°43' 48"West,a distance of 212.79 feet;
6. Thence North 18° 58' 06"West,a distance of 230.85 feet to the POINT OF
=� TERMINUS of this description.
�J
WIDTH CENTER OF ACCESS OPENING OPPOSITE
116. 55 Right 844+76.55
0
0
R x BASIS OF BEARING: South 89°12'25"East,2,703.97 feet,along the South line of the Southeast
:F-,Y Quarter of Section 34,Township 9 South,Range 85 West,of the Sixth Principal Meridian.The South Quarter
A.
comer of Section 34 being a 2.5"G.L.O.Brass cap, The Southeast comer of Section 34 being a 2.5"brass
NIMES, cap,LS 9184, 1994.
Wm—IL
_g 8 PREPARED BY: ,- O�� P D
o Ronald E.Ilk,PLS 24313
MK Centennial ? 4➢ �_
10822 gj W.To1 ler ve AFTER RECORDING PLE rl+lstE ' ' o
80127 Littleton,CO 80127
Colorado Depar::rent e
4201 F. Arkansas Ave., t FIoo1
Denver, CO 8( "_22
ATTENTION: F., nt of Way Section
�� a r:• 12,2o=wewc-Ixl.00c a Page 2
_tee! g
I. Li i I i1IJi Mrd{I III it
SIGNATURE ADDENDUM
Attached hereto and made a part of that certain Possession and Use Agreement by and
between the State of Colorado Department of Transportation and City of Aspen and
Pitkin County.
CITY OF ASPEN
By: i _ qlAlllrb
Jo h 0 ester ate
Board of County Commissioners of Pitkin County
BY ��/
Q Date
=M e
J C/
= a.
=a
MIZ
�;ca
25 z
SY
F
M
4
8s
Is AFTER RECORDING PLEASE MAli TO.
WEa - Colorado Deoartment of Transpurtation
1111iiiiNmIQ 4201 E. Arkanses Pve., 4th Floor
=..m Denver, CO A.r,22
ATTENTION: h.ynt of Way Section
0
ll I I I IJJI YI -Y4lilin-�
I I"III IIIII IIIIII I'llll I'I I'I'III 'I"I III I'lll II'I I"I
440T1I0 11/14/2000 02.121a ADREEMEN DAVIS SILVI
1 of 3 R 15.00 D 6.00 N 0.00 PITKIN COUNTY CO
COLORADO DEPARTMENT OF TRANSPORTATION "jociS NH 0821-051 Unit 2
POSSESSION AND USE AGREEMENT n�'wit0`rmass Canyon Hwy 82, Pitkin County
Paresls 201 f a art o - n
garcels E-514 E. of Basalt to Butte milk
mjectcode(SAa)
arcel 201 f k a 10211-5E-514,PE-51
This agreement is made this 1 day of a.d. 91179g between the State Department of
Transportation, State of Colorado, eWn referred to as a daps ment),and
Board of County Commissioners of Pitkln County, Colors o (herein
referred to as the landowner) for the purpose of granting the irrevocable right to possession and use to the department, its
contractors,agents,and all others deemed necessary by the department of parcel(&)201 f/k/a a na of 5E-514 and
PE-514 of Project no.NH-0821-051 Unit 2. f/k/a STR 0821-0 5 forthe
Purpose of constructing a portion of State Highway no. 82 The property involved is described more fully in Exhibit A(and
ref
Exhibit B) attached hereto and made a part hereof by erence.
1. In cnnsideration for this irrevocable grant of possession the department will tender to the landowner(s)the sum of
* $65,820.00 yFA/c>4pAA"AiVeW hill psi(pWROWM"QVi6AA&d itis understood the sum
tendered represents 100% percent of the department's appraised value of the just compensation owed to the landowner(s). It
is agreed this sum shall be deducted from any final settlement amount,award,or verdict. It is also agreed in the event the ultimate
settlement amount, award, or verdict is less than this sum the undersigned landowner(s) shall refund the difference to the
department.
2. The landowner(s)represents that the title to the property is free and clear of all liens and encumbrances or that proper releases
will be executed for the property herein described prior to funds being disbursed under this agreement.The landowner($)further
agrees to hold the department harmless from all liability for unreleased or undisclosed liens or encumbrances affecting the property
herein described.
3. This agreement is made with the understanding the department will continue to negotiate in good faith with the undersigned
landowner(s)to acquire the interest in the property described by direct purchase. It is further understood in the event a settlement
is not reached within days of the signing of this agreement such failure will be a confession that the negotiations to acquire
the property described herein have proved futile.At this point the department may begin proceedings in eminent domain to acquire
title to the property herein described.The department&hall not unreasonably delay the commencement of proceedings under the
eminent domain law once the time provided for in this paragraph has expired. If the department begins proceedings in eminent
domain, it is understood and agreed this agreement shall continue in effect until either a settlement is reached or a rule and order
as provided for in C.R.S. 38.1.105(3) is entered by the court.
4. If the department begins proceedings in eminent domain it agrees to deposit the remaining amount of Its appraised value of the
just compensation owed to the landowner(s)into the registry of the court If it has not previously tendered 100 percent of this amount.
Any sums deposited in the registry may be withdrawn by the undersigned landowner(s)If all parties Interested In the property sought
to be acquired consent and agree to such withdrawal.Any such withdrawal of said deposit shall be deducted by the clerk from any
award or verdict entered thereafter or by the department from any settlement reached,it is agreed in the event the ultimate settlement
amount,award,or verdict is less than the total of the sums paid to and withdrawn by the undersigned landowner(&),the undersigned
landowner(s) shall refund the difference to the department.
5. It is agreed by the undersigned in the event proceedings in eminent domain are begun the valuation date for determining the
amount of just compensation shall be the date on which payment was tendered to the landowner(s)pursuant to paragraph one above.
6.it is agreed by entering into this agreement the undersigned do not waive any right to raise any issue pertaining to just compensation
at the time of trial.
7.The purpose of this agreement is to allow the department to proceed with its construction project without delay and to allow the
landowner(s)to avoid litigation at this time.
8.The undersigned landowner(s)agree(s)to pay all taxes,including prorated taxes for the current year, and special assessments
due at the time the department takes possession of its (their) property.
9.This agreement shall be deemed a contract and it shall bind the partiss only when signed by all landowners or their designated
representatives and one of the following on behalf of the department:Staff Right of Way Manager,Staff Right of Way Supervisor,
Regional Transportation Director,Region Preconstruction Engineer,Region Right of Way Supervisor ortheir superiors.This contract
shall also extend to and bind the heirs, devisees, executors, administrators, legal representatives, successors and assigns of the
parties.
* $6,780.00 previously paid 3/16/99(closing
10. It is agreed the department shall record this document. Statement and Receipt date), under Possession
and Use Agreement under Project STR-08771-pp2q
11.Olherconditions. See Attached // f/' - Onif ifs
Ca'ftrlew ndam ' arm ass the Cc apartment of Tr pEFTailon fro I claims and li routed
to the presence ,re lean-up of any contaminants Ico r attributabte to activities n' n the property
prior execution of this Agreement.
Vn SSs or FEIN$ Dais
Landowner SSe or FEIN# pate
FOR THE DEPARTMENT OF TRANSPOR N
Right of we ervieor j Date
whir.-&M R 'enw,.PZ7E pnNr�.Rpion ROW I Pw Rpion PnawmnMion E^Y*�rlPmlb Mu„eo `� raA IZr a71
[1,Wwed-Rgien OonMrwlion EnenrrwrRwidwM Eneinr
1 41 III it HFi.4
ATTACHMENT
OTHER CONDITIONS TO POSSESSION AND USE AGREEMENT
Project# NH 0821-051 Unit 2
Location Snowmass Canyon Hwy 82
Parcel# 201-f/k/a a part of
STR-0821-029 Unit 5
parcels 5E-514 and PE-514,
East of Basalt to Buttermilk
Project Code 12269-parcel201
10211-5E-514, PE-514
11. Possession for construction purposes is hereby approved effective the date of
execution of this Agreement by all parties. CDOT shall tender the payment in the
amount of $65,820.00 which is the remaining balance due of the total
consideration of$72,600 within 60 days of execution of this agreement.
12. Possession under this Agreement is given for the property acquired by the county
in that Special Warranty Deed dated May 19, 1997, the legal description for
which is attached and incorporated by this reference.
IIIII I11111IIIIII III IIIIIII IIIII III IIIII IN IN
448788 11/14/2000 02:12P ROREENEN DAVIS SILVI
2 of 3 R 15.00 D 0.00 N 0.00 PITKIN COUNTY CD
AFTER RECORDING PLEASE MAI',
Colorado Department of TTra Fi uortation
4201 E. Arkansas Ave.,
Denver, CO 90222
ATTENTION: 1+,tint of Way Section
I i 4i
N 11 I171AF-hL 4i�: I
SCHEDULE A
Order Nwnber: 00023703
LEGAL DESCR/P77ON
A portion of Tract 73 (also described as Lot 6) and Lots 15 and 16,
Section 27, Township 8 south, Range 86 Nest of the Sixth Principal Meridian
being more particularly described as follove:
Beginning at a U.S.O.L.O. brass cap properly marked for Angle Point No. 3 of
said Tract 731 thence North 00"01'30" East 261.02 test along the Westerly line
of sold Tract 73 to a point on the. Southerly right of way of Highway 821
thence along said right of way of Highway 82 the following six (6) courses:
328.79 feet along a curve to the left having a chord bearing of
South 86.37.32" East, a chord length of 327.76 feet and a radius of 1196.00
feet/
North 85.26' East /63.4 feet/
452.77 foot along a curve to the right having a chord bearing of
South 80.11103" East, a qpord length of 668.06 feat and a radius of 905.00
feet/
South 65056' East 236.3 feet/
298.15 feet along a curve to the loft having a chord bearing of
South 74-231381 East, a chord length of 297.06 foot and a radius of 1005.60
fast/
South 82"5/' East 141.56 feet/
thence departing said right of way of Highway 82 and along the Southerly line
of Bald Tract 73 North 89.39.18" Went 1873.11 feet to the Point of Beginning.
COUNTY OF PZTNZN, STATE OF COLORADO
I I'IIII IIIII"III'II"II I'I I'I'II�'IIII III"I'I IIII I"I
448784 11/14/2008 02:12P AOAMIX DAVIS SILVI
3 of 3 A IS." D 0.00 N 0.80 PITKIN COUNTY CO
EXHIBIT'A"
AFTER RECORDING PLEASE MAIL TO:
Colorado Departrnent of Transportation
4201 E. Arkansas Ave., 4th Floor
Denver, CO 80222
ATTENTION: Heynt of Way Section