HomeMy WebLinkAboutbocc.ord.017.1999 IIIIII IIIII IIIIII IN I11111 IIIII IIIIII III 11111 IN IIII
430475 04/30/1999 10:12R ORDINRNC DAVIS SILVI
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AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO APPROVING THE CONVEYANCE OF THE 6.68
ACRES OF LAND TO THE COLORADO DEPARTMENT OF TRANSPORTATION
FOR STATE HIGHWAY 82 RIGHT-OF-WAY NEEDS AND AUTHORIZING THE
CHAIR TO EXECUTE THE NECESSARY DOCUMENTS
ORDINANCE#99-/1
Recitals
1. The Board of County Commissioners of Pitkin County ("Pitkin County"), in
cooperation with the State of Colorado Department of Transportation ("CDOT"), acquired a
parcel of real property known as the Dart Parcel and consisting of approximately 6.68 acres,
pursuant to Ordinance No. 97-19. The real property (the "Property") is described in Exhibit A
and incorporated by this reference.
2. CDOT has now commenced its process of right-of-way acquisition for the
expansion of Highway 82 in the vicinity of this Property, needs the Property for the expansion
and has requested that Pitkin County authorize its entry onto the Property pursuant to a
Possession and Use Agreement, in lieu of condemnation.
3. The Possession and Use Agreement provides for payment of an amount of
$6,780.00, which represents only a portion of the value of the entire property.
4. CDOT has agreed to acquire the entire Property and pay fair market value for the
total, based upon the same appraised value for the part of Property described in the Possession
and Use Agreement.
5. It is in the best interest of the citizens of Pitkin County to convey the Property to
CDOT.
NOW THEREFORE, be it ordained by the Board of County Commissioners of Pitkin
County, Colorado that:
1. Pitkin County approves acquisition of the Property by CDOT for the total fair market
value evidenced by the CDOT appraisal, in the amount of Seventy-two Thousand Six Hundred
Dollars ($72,600.00).
2. The Chair is authorized to sign the Possession and Use Agreement, provided that
under paragraph 11, other Conditions, the following language is included:
CDOT agrees to purchase the remainder of the parcel of which SE-514 and PE-
514 are a part, resulting in a total value for the entire parcel of Seventy-two
Thousand Six Hundred Dollars ($72,600.00).
Ordinance #99- '
430475 04/30/1999 10:12R ORDINANC DAVIS SILVI
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and provided the indemnity language after paragraph 11 is deleted.
3. The Chair is authorized to execute a deed for the entire Property and such other
documents as may be necessary to finalize this transaction after approval of the form of such
documents by the County Attorney's Office.
INTRODUCED,FIRST READ,AND SET FOR PUBLIC HEARING ON THE 14TH
DAY OF APRIL, 1999.
NOTICE OF PUBLIC HEARING PUBLISHED IN THE WEEKEND EDITION
OF THE ASPEN TIMES ON THE 17TH DAY OF APRIL, 1999.
APPROVED UPON SECOND READING AND PUBLIC HEARING ON THE
28TH DAY OF APRIL, 1999.
PUBLISHED AFTER ADOPTION IN THE WEEKEND EDITION OF THE
ASPEN TIMES ON THE 8TH DAY OF MAY, 1999.
THIS ORDINANCE SHALL BECOME EFFECTIVE THIRTY (30) DAYS AFTER
PUBLICATION FOLLOWING FINAL ADOPTION BY THE BOARD OF COUNTY
COMMISSIONERS
ATTEST: BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
Ce
Je ette Jones Leslie J. La ont
puty Clerk Chair
Date:
APPROVED AS TO FORM:
Deborah Quinn Su .a ie Kon han
Assistant County Attorney County Manager
Glord/CDOTDarwrd
SCHEDULE A
Order Number: 00023703
LEGAL DESCRIP77ON
A portion of Tract 73 (also described as Lot 6) and Lots 15 and 16,
Section 27, Township 8 South, Range 86 West of the Sixth Principal Meridian
being more particularly described as follows:
Beginning at a U.S.G.L.O. brass cap properly marked for Angle Point No. 3 of
said Tract 73; thence North 00001130" East 241 .02 feet along the Westerly line
of said Tract 73 to a point on the Southerly right of way of Highway 82;
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 86037 '32" East, a chord length of 327.76 feet and a radius of 1196.00
feet;
North 85026' East 463.4 feet;
452. 77 feet along a curve to the right having a chord bearing of
South 80014 '03" East, a chord length of 448.06 feet and a radius of 905.00
feet;
South 65054 ' East 236.3 feet;
298.15 feet along a curve to the left having a chord bearing of
South 74023138" East, a chord length of 297.06 feet and a radius of 1005 .60
feet;
South 82054 ' East 141 .56 feet;
thence departing said right of way of Highway 82 and along the Southerly line
of said Tract 73 North 89039 '18" West 1873.11 feet to the Point of Beginning.
COUNTY OF PITKIN, STATE OF COLORADO
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EXHIBIT "A"
0 02/-28/�20 00 12:09 9702487233
CDOT ROW G JCT
DY
#
AP BOCC �ONTRACT
ON ^OOR_ODE P101eA PART11I OF TRANSPORTATION -3
STR 0021 J UNIT 5
POSSESSION AND USE AGREEMENT tAC0'0" E or Bassi! to Bvtterwilk
Pamela 5E-516; PE-SlA
Prv)WA God,(SAp) 10211
This agreement is made this day of a.d. 19_between the Slate Department of
Transgrtatlon,State of Colorado,(heroin referred to as the department),and
Sao
A) OF COUNTY COMMISSIONERS OF P1TkIN COUNTY (herein
referred to as the landowner) for the purpose of granting the irrevocable right to possession and use to the department, As
contractors,agents,and all others doomed necessary by the department of Varcol(s 5f-sTe; PE-514
of Project no. STR 0621 029 6 5 for the
purpose of constructing a portion of State Highway no._-gj.•,_.The property Involved Is described more fully M 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(a)the sum of
$6,7g0 .The department shelf be entitled to take possession upon r-nder of payment,It Is understood the sum
tendered represents lad percent of the depanmem's appraised value of the just c••rnpensallon owed to the landownar(s).It
is agreed this sum shall be deducted from any final settlement amount.award,or verdcc' It Is also agreed In the event the uklmala
settlement amount, award, or verdict is less then this sum the undersigned lendewnw(s) shall refund the difference to the
department.
2.The landowner(s)represents that the Okla to the property Is has and clear of all lions and encumbrances or that proper release&
will be executed for the properly herein described prior to funds being disbursed uoda. this agreement.The landowner(s)further
agrees to hold the department harmleaa from all liability for umaleased or undisclosed IFnn.:or encumbrances affecting the property
hereto described.
3. This agreement Is made with the undorslanding the department will continue to negolisla in good faith with the undersigned
landowner(s)to acquire the Interest in the properly described by direct purchase,It Is further understood in the event a settlement
is not reached within 120 days of the signing of this agreement such failure will be a confession that the negotiations to acquire
the properly described herein have proved fullls,At this point the department may begin proceedings in eminent domain to acquire
this to the property herein described.The department shell not unreasonably delay the nommsncament of proceedings under the
eminent domaln law ones the time provided for in this paragraph has expired. If the department begins proceedings In eminent
domain,R Is understood and agreed this agreement$hall continue In offset until either P 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.k the department begins proceedings In sminent 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 it it has not ptPviously tendered 100 percent of this amount.
Any sums deposited In the registry may be withdrawn by the undersigned landowners)it all parties interested in Ihs properly 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 lhoreafter or by the depadmenl from any settlemon)reached.It Is agreed in the event the ultimate soillomont
amount,award,of verdict is less than the total of the aume paid 10 and withdrawn by the undersigned landowner(s),the undersigned
landowners)shall refund the difference to the department.
S. It is agreed by the undersigned In the oven(proceedings in eminent domain are begun the valuation dale for determining the
amount of just compensation shall be the date on which payment was tendered to the 1.i xdowner(a)pursuant to paragraph one above.
6.It is agreed by entering Into this agreement the undersigned do not waive any rghl to wise any issue pertatning to just compenaelion
at the ilme of trial.
7.The purpose of this agreement is to allow the department to proceed with its consiructiori Pro)scf without delay and to allow the
landowne(s)to avoid litigation at this time.
S.The undersigned landowners)agrees)to pay all taxes,including prorated loxes for the current year,and special assessments
due at the time the department takes possession of hs(their)properly.
S.This agreement shall be deemed a contract and If 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,Stall'Right of Way Supervisor,
Regional Traneponatlon Director,Region Preconstructlon Engineer,Region Right at Way SUpemAsoror theirsuperiors.This contract
shelf also extend to and bind the heirs,devisoos,executors,administrators,legal representatives,successors and assigns of the
parties.
10. It is agreed the department shall record this document.
It.Other condkions. CDOT agrees to purchase the remainder .,f ilia parcel of which SE-514 andry�7i
PE-31A are apart resulting .tn a total value for t.h C!,J; a parcel
Thovoand •Six Hundred Dollars ($72,600.00).
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