HomeMy WebLinkAboutbocc.packet.09102014 - GSS Additional DocumentsMEMORANDUM
To: Suzanne Wolff, Pitkin County Community Deve. Office
Fr: Jim Curtis , Owner Representative / Planner
Date: September 8, 2014
Re: Sun Mesa Property
Takings Determination Submission Requirements
TBD# Woody Creek Road
GSS Properties, LLC., Owner
Parcel # 264315100021
Case # P055-14
A. A written request for a takings hearing prepred pursuant to the procedure in
Section 240-130: The written request for a takings hearing was submitted to
Suzzanne Wolff on August 28,2014.
B. A description of the property and the property interest adversely affected by the
determination: The property is located in Woody Creek, is approximately 62 acres
and is zoned RS-20. The property interest adversity affected by BOCC Resolution #
-2014, (approved August 27, 2014) is the denial of driveway access to the
property. Pursuant to the denial of the proposed driveway, the property has no
driveway access; and therefore, the value of the property is diminished immensely.
C. Past and current uses of the property: The property is vacant undeveloped land.
Past and recent uses include haying the lower meadow of the property.
D. The petitioner's original purchase price for the property: GSS Properties, LLC
purchased the property on December 30, 1998 for $ 1,800,000.00 per the attached
Warranty Deed (Exhibit #1) with a Document Fee of $ 180.00.
E. The assessed valuation of the property: $ 7,700 Actual Value and $ 2,240
Assessed Value from Pitkin County Assessor (Exhibit #2).
F. Appraisals and/or preliminary estimate of value made on the property: No
recent appraisal of the property has been done. A preliminary Estimate of Value of
the property with driveway access is $ 7,500,000 as given in the email (Exhibit #3)
from Ed Zasacky, a respected Realtor with Sotheby's International Realty, one of the
largest Realty firms in Pitkin County.
G. Current mortgage principal and interest rate: There is no mortgage on the
property.
1
H. Past income generated by the property and expenses relating to the property:
No income generated by the property. Applicant will provide a detailed report of
expenses for the property upon request from the Community Development Office.
The preliminary expenses are planning and engineering fees associated with
investigating driveway access alternatives for the property.
I. Ownership structure for the property (partnership,corporation,etc): GSS
Properties, LLC is an Ohio Limited Liability Company owned by an Irrevocable
Trust established by George Stranahan for the benefit of George's 5 children.
J. Owner's tax bracket: The 5 children who control GSS Properties, LLC all have
different tax brackets. Any revenue from the property is equally distributed among
the 5 children.
K. Rental value of the property with or without the offending determination: Not
applicable. The property is not a rental property.
L. Sale value of the property with and without the offending determination:
1. Estimated sale value with access = $ 7,500,000
2. Estimated sale value without access = $ 200,000 for one TDR
The estimated values with and without driveway access are given in the email
(Exhibit #3) from Ed Zasacky, a respected Realtor with Sotheby's International,
Realty one of the largest Realty firms in Pitkin County.
M. Any other information bearing on the difference in the value of the property
with and without the offending determination: No.
2
Exhibit 1
WARRANTY DEED
THIS DEED, made this 304 dayeeDecember, 1998, between George Smtnahen, whose
address is Post OffieeBox70, WoodyQaek,Colorer!o81656eGrantor")and GSSProperties, LLC,
an Ohio Limited Liability Company, whose address is do George S. Stranahau, Manager, Post'
Office Box 70, Woody Creek, Colorado 81656 ("Grantee"): •
WITNESSETU, That Grantor, for and in consideration of the sum of Ten and no/100.
Dollars (510.00), and other good and valuable consideration, the receipt and sufficiency of which
is hereby adwowledged, has granted, bargained, sold and conveyed, and by these presents does
grant, bargain, sell, convey and confirm, unto Grantee, its successors andasaigns forever, all the real
property, together with improvements, if any, situate, lying and being Inthe Courtly ofPitkin, State
of Colorado, described as follows:
A mkt of land situated in Government Lots t, 6, 7, 8 and 14, Section 15, Township 9 South
Range 85 West of the 6'" P.M. Being a portion of the Strenahan Rauch as raaveyed by
Warranty Deeds recorded as Reception Nos. 106364, 110053 and 113671 (Bernier to
Sandmen) of the Real Estate Records ofPitkfn County, Colorado described as follows:
Beginning at the East 1/4 corner of said Section 15;
thence North along the easterly lines of Government Lots 7,6 and 1 to theNortheast
• comer of said Section15alsobeingtheEasterlycomeroftheStratahanWellsSubdivision
Exemption Map No. 2 recorded in Plat Book 26 at Page 86 of the EMI Estate Records of
Pitkin County;
thence Southwesterly S 46°S0"29"W along the Southeasterly boundary of said
• Stra aban-Wells Subdivision to a point which bean N 53°03' W from theNorthwestcomer
of that parcel described in said Reception No. 113671;
thane S 53°03' E 875.6 feet more or less to the Northwest corner of said Reception
No. 113671;
thence Southwesterly and Easterly along said Reception No. 113671
S 63°10' W 466.8 fat;
S 68°27'W 603.5 feet to theNottherly line of a County Road;
S 41 °43' E 302.1 feu along Northerly line of a County Road;
•S S 1 °22' E 520.0 feet along Northerly lino of County Road;
S 62°09' E 608.7 feet along Northerly line of Cormty!load;
N 89°23' E 476.2 feel more or less to the Easterly line of said Lot 14;
thence North along the Easterly line of said Lot 14 to the point of beginning.
Excepting therefrom that certain tract of land described as beginning at a point 20 feu South
of the Salvation Ditchandon the South line of said Lot 6, thence North 100 fiat, thence But
to the East line of said Lot 6 thence South 100 feet to the said South line and thence Wag
along said South line of Lot 6 to the plate of beginning.
COUNTY OF PITION
STATE OF COLORADO
. TOGETHER with all and singular the baeditementsand appurtenances thereto belonging,
or in anywiseappenaining, anddereversion andrewrsions,remainder end remainders, rents, issues
and profits thereo4 and all the estate, right, title, interest, claim and demand whatsoever of Grantor,
either in 1sw or equity, ot; in and to the above bargained premises, with the hereditamenta and
appurtenances.
•
TO SAVE AND TO HOLD the said premises above bargained and described, with the
appurtenances, unto Grantee, its successors and assigns forever. And Grantor, for himself, his hairs.
successors and assigns, does covenant, gram,bargsin, and agree to and with Grantee, its successorti
andassigns forever; that at the time ofthe asealingand delivery of these presents, he is well seized
of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of
inheritance, in law, in•fee simple, and has good right, IUD power and Iawtbl authority to grant,
bargain sell and convey the same in manner and torn as aforesaid, and that the same am free and
clear from all fanner and other grants, bargains, sales, liens, taxes, assessments, encumbrances and
restrictions of whatever kind or nature, except `
ctweooesue°esa°wwo-r.,.siaw'-yet e 'K1 S • CICC reC
-1411111 ICI
aof R00e01u,5e0N ear .03ftx1LfV60IaRT W •
The lien forgeoeral real property taxes for 1998. due and payable in 1999; and,
subject to: Right of the proprietor of a vein or lode to extract and remove his ore
therefrom, should the same be found to penetrate or intersect the premises hereby
granted and right of way for ditches or canals constructed by the authority of the
United States as reserved is United States Patent recorded in Book 55 adage 119;
Right of the proprietor of a vein or lode to extract and remove his are thaetbom,
should the same be found to penetrate or intersect the premises hereby granted and.
right of way fbr ditches or canals constructed by the authority of the United States
Patent as reserved it United States Patent recorded in Book 5S at Page 308;
Basement and right of way for constructing, repairing, patrolling and removing
telephoneline as set forth in Deed reeordtd in Book 167 at Page 102; Easement and
tight of way as granted to The Mountain States Telephone add Telegraph Company
in Instrument recorded in Book 154 at Page 373; and, Easement and right ofway for
roads, ditches and utilides as set forth in Deed recorded EnBook 215 at Page 62, all
as recorded in the real property records of Pitkin County, Colorado.
Grantor shall and will WARRANT AND FOREVER DEFEND the above bargained
premises in the quiet and peaceable possession Wry anteesitisuccessors and assigns, against all and
every person or persons law8a ly claiming the whole or any part thereof.
•
IN WITNESS WHEREOF, Grantor has executed this deed on to date set forth above.
gelcualin
STATE OF COLORADO )
) ss.
COUNTY OF PITION )
The foregoing Warranty Deed was acknowledged before me this 30t day of December,1998, by
George Stranahan.
WITNESS my hand and official seal.
My commission expires:
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Exhibit 2
Pitkin County Assessor
Parcel Detail Information
Assessor Proverb; Search I Assessor Subset Ouery I Assessor Sales Search
Clerk & Recorder Reception Search I Treasurer Tax Search Search
GIS Map I GIS Hein
)3asic Building Characteristics I Value Summary
Parcel Detail I Value Detail I Sales Detail I Residential/Commercial Improvement Detail
Owner Detail I Land Detail I Photographs
Tax Area
Account Number
Parcel Number
Property Type
2013 Mill Levy
007 I R016880 1264315100021 I AG I 27.059
Primary Owner Name and Address
GSS PROPERTIES LLC
IPO BOX 2358
IGIG HARBOR, WA 98335
Additional Owner Detail
Legal Description
Subdivision: M/B WOODY CREEK Section: 15 Township: 9 Range: 85 TRACT OF
LAND IN NE4 LYING EAST OF STRANAHAN-WELLS
ISUB EXEMPTION
Location
Physical Address:IWOODY CREEK RD WOODY CREEK
Subdivision: M/B WOODY CREEK
Land Acres: 63392
Land Sq Ft::I0
Section
Township
Range
15
I 9 I
85
2014 Property Value Summary
Actual Value I Assessed Value
Land:
7,700.
2,240'
Improvements:
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oft 9/8/14 11:36 Alv
'arcel Detail http:/Iwww.pttkmassessornrg/assessor/Yarcel asp7AccountNumbel=KU16S81
Total:
7,700,1_-- 2,2401
Sale Date: 1
12/30/1998
Sale Price: ! 1,800,000
Additional Sales Detail
Basic Building Characteristics
Number of Residential Buildings: '10
1 Number of Comm/Ind Buildings JIO
No Building Records Found
c
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Exhibit 3
From: "Ed Zasacky" <edzasacky@usa.neb
Subject: Fwd: Valuation of Sun Mesa
Date: September 3, 2014 3:06:43 PM MDT
To: <jcurtis@sopris.neb
Subject: Valuation of Sun Mesa
Valuation of Sun Mesa with and without a driveway 9/3/2014
Dear Jim: You have asked me to value Sun Mesa with and without access via
driveway. I have attempted to do so as follows:
1. VALUE WITH ACCESS -Access as proposed in your current application or one of
the alternatives: Sun Mesa is a large (62 acres), south facing, extremely
private Mesa with irrigated meadows and excellent views of the surrounding
mountains that backs up to BLM land. It is an estate quality parcel that
would
have strong appeal in the current market for such pieces of land. The market
has almost completely recovered for parcels like this one since 2008 and
therefor I would value it today, with access, for $7,500,000.00. The most
obvious recent comparable sale would be that of Jennifer Craig's which was 83
acres for $6.75M that did not back up to BLM land or have as much privacy.
2. VALUE WITHOUT ACCESS -No vehicular access would strip this parcel, or any
other, of most of the value associated with the land. The residual value
would
be the value of a TDR, as a campsite, or for Open Space or use by a neighbor.
Open Space value and uses associated with a neighbor are so speculative and
uncertain, with different motivations, that I cannot put a value on those
situations, except to say that any remaining rights would have extremely low
values in a typical arm's length transaction. If the property was used for a
TDR, value would be $200,000+- in today's market for TDR's. Any value for the
remainder
after being stripped of development rights would be nominal, and say less
than
$200,000 as a campsite or hunting site, although comparable sales for this
type of use are virtually non-existent. It is doubtful anyone would pay much
or anything for the use of the 19 irrigated acres for agriculture as it
doesn't generate substantial revenue and requires significant labor and road
access as well. Access on foot is via a steep, tall bank, and not easy:
Please feel free to call with any questions regarding the above valuation.
Sincerely, Ed
NOTE: THIS DETERMINATION OF VALUE IS NOT TO BE USED FOR LENDING PURPOSES
Ed Zasacky
Aspen Snowmass
Sotheby's International Realty
415 East Hyman Avenue
Aspen, CO 81611
970-379-2811 Cell
970-429-3778 Direct
970-925-6060 Office
970-925-5258 Home
970-920-6890 Fax
FdZasacky@usa.net
www.AspenSkiHomes.com