HomeMy WebLinkAboutbocc.res.026.1978 s r.
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RESOLUTION OF THE BOARD OF COUNTY a.
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COMMISSIONERS OF PITKZN COUNTY, COLORADO �
ACTING BOTH AS SUCH BOARD AND.AS THE
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BOARD OF COMMISSIONERS OE THE PITKIN CODNTY
HOUSING AUTHORITY, DECLARING THE NEED TO �
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CONDEMN CERTAIN PROPERTY HELD IN COMMON
BY OWNERS OF THE ASPEN HILLS CONDOMINIUM
Resolution No. 78-��j
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WHEREAS, the Board of County Commissioners, acting as
the Pitkin County Housing Authority, organized pursuant to the
provisions of Section 29-4-501 et seq., C.R.S. 1973, has
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initiated the development of a 37 unit condominium project
called the Midland Park Subdivision within Pitkin County,
Colorado, and �
WHEREAS, the completion of _the .�evelopment will require �'
the widening of the roadway leading to the development site
across lands held in common by owners of the Aspen Hills
Condominium, and
WHEREAS, previous negotiations £or acquisition with
the owners have praved unsuccessful making acquisition of the �
required rights-of-way by exercise of the power of eminent �
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domain necessary, and �
WHEREAS, Section 43-2-113,C.R.S. 1973, authorizes the � ;
Board of County Commissioners to condemn private propert �
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for the purpose of laying out, widening, altering or changing �
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any county roadway when the public interest or eonvenience �
will be served thereby, and =,
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WHEREAS, Section 29-4-505, C.R.S. 1973, permits the �
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Housing Authority to exercise all powers given to city housing
authorities which include (by reference) the power to acquire r
by condemnation any real property necessary to carry out the �
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purposes of the Authority, and �
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� WAEREAS, such statutory authority to condemn, however, is �
� condition upon the Board's deelaring, by resolution, that acquisition �
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• by condemnation is necessary to carry out the purposes ot the �
Housing Authority and is in the public interest, �
NOW, THEREFORE, BE IT I2ESOLVED that$�e Board of County a '
� Coaunissioners of Pitkin County, Co2orado, acting as such
Board of County Commissioners, as well as the Hoard of Commissioners
of the Pitkin County Housing Authority, does hezeby declare `
that the acquisition of the following described road rights-o£-way � �-
is necessary to carry out the purposes of said Housing Aufhority
and is in the public interest and necessary Eor public use:
Parcel No. .l A gerpetual easement for excavating for,
constructing, improving, maintaining, repairing and
using�a private roadway, which easement lies within the
plat of the Aspen Hills Condominium of record in Plat
Book 4, Page 6. of the records oE .the Pitkin County Clerk
and Recorder, said easement being more particularly
described as follows:
Beginning.at the Northwest Corner of said Aspen Hills
parcel;
thence S 89°46' E 37.67 ft.;
thence 37.36 ft. around a curve to the left h$ving a
radius of 22.50 ft. (the chord o£ which bears S 42 34'39"
W 33.22 ft.);
: thence S 4°�4'42" E 19.30 ft.; �'
thence N 8� 43'10" W 11.92 ft.;
thence N 6 23' W 44.02 ft. to the point of beginning s
(containing 680 sq, ft. more or less).
Parcel No. 2 A parcel of land for excavating for,
constructing, improving, maintaining., repairing and using
a public roadway, which parcel lies within the plat of
the Aspen Hills Condominium of record in Plat Book 4,
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,- Page 8, of the records of the Pitkin County Clerk and �
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Recorder. said paroel being more particnlarly described j
as folI.ows: �
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Beginning at the South West Corner of said Aspen
Hills Parcel;
thence i3 6°23'00" W 66.46 ft.;
thence S 8$°43'10" E 11.92 ft.;
thence S 4 �4'42" E 65.47 ft.;
thence S 85 44'33" W 10.17 ft. to the point of
beginninq (containing 726 sq. ft. more or less).
BE IT FURTHER RESOLVED that the Pitkin Cpunty Attorney
-' be authorized to initiate proceedings in eminent domain to
acquire said rights-of-way for the purposes specified.
APProved this � day of `Qb . 1978. .
THE BOARD OF COUNTX COMMIS520NERS
__ OF PITRIN COUNTY, COLORADO and
-�`� . �% ;:. THE BOARD OF COMMISSIONERS OF THE
�- .` `, _•� 'r '= PITKIN COUNTY HOUSTNG AUTHORITY
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