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AGENDA ITEM SUMMARY
REGULAR MEETING DATE:
June 28, 2006
AGENDA ITEM TITLE:
First Reading of Ordinance Accepting Conveyance
of Property from Aspen/Pitkin County Housing
Authority (APCHA)
STAFF RESPONSIBLE:
Debbie Quinn
DESCRIPTION OF ISSUE: APCHA would like to give the County its interest in a parcel of
real property that is subject to the County's ownership of a permanent right of way for Upper
River Road.
Background information: In 1997 when the Aspen Fire Protection District was finalizing its
project to construct the Woody Creek fire station, a surveyor determined that Upper River Road
was not built within the right-of-way the County was deeded in 1917 and that the deeded right-
of-way went through the existing mobile home park. The County land use approval for
construction of the fire station and post office included a condition that the right-of-way be
adjusted in a fashion acceptable to the County and the owners of the mobile home park, Mary
Jane Garth and Michael Underwood.
The County subsequently passed Ordinance 98-38to resolve the right-of way issue. As a
result, the County obtained a right-of way from Ms. Garth and Mr. Underwood that included the
as-built Upper River Road as well as adjacent land for parking, all totaling 1.690 acres, with a
condition that it be used for road purposes. The remaining ownership interest in this 1.690 acres
was conveyed by Mary Jane Garth and Michael Underwood to APCHA with the Woody Creek
Mobile Home Park property. APCHA retained its interest in the property subject to the County
right-of-way when it sold the mobile home park and now wishes to give this remaining property
interest to the County.
The ordinance authorizes the chair to accept a deed for this property from APCHA.
RECOMMENDED ACTION: Approve the attached Ordinance on first reading and set for
second reading and public hearing on July 12, 2006.
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AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO ACCEPTING THE CONVEYANCE OF PROPERTY
FROM THE ASPEN/PITKIN COUNTY HOUSING AUTHORITY
ORDINANCE # -2006
RECITALS
1. The Aspen/Pitkin County Housing Authority (APCHA) is currently the owner of
an interest in real property as described in Exhibit A attached hereto and incorporated by this
reference (the "Property").
2. The "Property" is encumbered by a right-of-way for Upper River Road, owned by
Pitkin County.
3. APCHA desires to give all of its interest in the Property to Pitkin County.
4. Pitkin County desires to own the entire interest in the Property.
5. It is in the best interests of the citizens of Pitkin County to accept a conveyance
of APCHA's interest in the Property.
NOW THEREFORE BE IT ORDAINED by the Board of County Commissioners of
Pitkin County, Colorado that it agrees to accept a quit-claim deed from APCHA for its interests
in the Property, after approval ofthe form of the deed by the County Attorney.
INTRODUCED, FIRST READ, AND SET FOR PUBLIC HEARING ON THE 28TH
DAY OF JUNE, 2006.
NOTICE OF PUBLIC HEARING PUBLISHED IN THE WEEKEND EDITION OF
THE ASPEN TIMES ON THE DAY OF , 2006.
APPROVED UPON SECOND READING AND PUBLIC HEARING ON THE 12TH
DAY OF JULY, 2006.
PUBLISHED AFTER ADOPTION IN THE WEEKEND EDITION OF THE ASPEN
TIMES ON THE _ DAY OF _, 2006.
ATTEST:
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
Jeanette Jones
Deputy Clerk
Michael C. Ireland, Chair
Date:
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Ordinance # _-2006, page 2 of 4
APPROVED AS TO FORM:
John Ely
County Attorney
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Ordinance # _-2006, page 3 of 4
ORDINANCE # -2006
EXHIBIT A
A parcel of land, situated within a parcel of land as described in Book 497, at Page 634 in the
Pitkin County Clerk and Recorder's Office, Section 16, Township 9 South, Range 85 West of the
6 th Principal Meridian, County of Pitkin, Colorado, being more particularly described as
follows:
Beginning at the northeast corner of said parcel of land described in Book 497, at Page 634, said
point also being dn the westerly right-of-way line ofthe Denver & Rio Grande Western Railroad,
the True Point of Beginning; thence the following three (3) courses along said westerly right-of
way line and the easterly boundary line of said parcel of land as described in Book 497, at Page
634; S24'02'37"E 364.51 feet; thence 226.88 feet along the arc of a curve to the right having a
radius of 1382.68 feet and a central angle of 09"24'06", and a chord which bears Sl9"20'34"E
226.63 feet; thence S 14"38'31 "E 121.33 feet; thence leaving said westerly right of-way line and
easterly boundary line S79'22'53"W 34.29 feet to a point on the easterly edge of an existing
county road in place; thence the following four (4) courses along said county road; S06"37'21 OlE
132.22 feet; thence S05"22'52"E 224.26 feet; thence S06'22'48"E 122.82 feet; thence
Sll" 16'1 O"E 80.49 feet to a point on the southerly boundary line of said parcel of land described
in Book 497, at Page 634; thence leaving said county road, along said southerly line
S75"08'OOuW 43.61 feet: thence leaving said southerly line 183.59 feet along the arc of a curve
to the right having a radius of l595.52 feet and a central angle of 06"35'34", and a chord which
bears N08'54'58"W 183.49 feet; thence N05"37'1O"W 454.70 feet; thence 270.54 feet along the
arc ofa curve to the left having a radius of 850.00 feet and a central angle of 18" l4'09", and a
chord which bears N14"44'15"W 269.39 feet; thence N23'51'20"W 378.44 feet to a point on the
northerly boundary line of said parcel of land described in Book 497, at Page 634; thence along
said northerly boundary line N90"OO'OO"E 67.61 feet to the True Point of Beginning, said parcel
ofland containing 1.690 acres, more or less.
RECOMMENDED ACTION: Approve the attached Ordinance.
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