HomeMy WebLinkAboutbocc.ord.028.2006AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, AUTHORIZING THE SETTLEMENT OF BOCC V. DEGR,4EVE
AND CONVEYANCE OF A PORTION OF THE MOLLIE GIBSON PARK PARCEL.
ORDINANCE #4 -2006
RECITALS,
A. Pitkin County is currently engaged in litigation with Alain DeGraeve over an easement
crossing a portion of the County -owned Mollie Gibson Park property. The litigation is pending
in Pitkin County District Court as Case No. 05 CV 141.
B . The parties have reached agreement in principle on a settlement that will allow the
litigation to be dismissed with prejudice. The key component of the settlement is a conveyance
of that portion of the Mollie Gibson property traversed by the easement to Mr. DeGraeve for
$2.5 million, subject to a covenant preventing further subdivision and installation of any further
gates at the entrance to the property. The conveyance is subject to completion of a successful
subdivision application by the Board and a successful annexation petition by DeGraeve. The
conveyance will also contain certain other terms approved by the County Attorney's Office.
Upon completion of the conveyance, the litigation will be dismissed with prejudice and the
parties will be responsible for their own costs and attorneys' fees.
C. This Ordinance is required by the Pitkin County Home Rule Charter in order to effectuate
a conveyance of County -owned interests in real property.
NOW THEREFORE, be it resolved by the Board of County Commissioners of Pitkin
County Colorado, as follows:
1. Authorization to Execute Agreement. The Board authorizes the chair to execute an
agreement or agreements, in a form approved by the County Attorney, that includes the
provisions set forth above. The County Attorney's approval as to form shall be a condition
precedent to the Chair's authorization to execute the agreement or agreements.
INTRODUCED, FIRST READ, AND SET FOR PUBLIC HEARING ON THE
DAY OF AUGUST, 2006.
NOTICE OF PUBLIC HEARING EUBL SHED IN THE ASPEN TIMES
WEEKLY ON THE 12 TH DAY OF 200 .
APPROV UP9N SEFOND READING AND PUBLIC HEARING ON THE? DAY
OF Ot e lac ZIV 200 .
PI)ILISHED AFTERM19N IN THE ASPEN TIMES WEEKLY ON THE
DAY OF z v 2006.
2
ATTEST:
Jones
Clerk
APPROVED AS TO FORM:
('hristopher Gael in
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
A -e u
rr•,.ti..o� iroi�a
Chair C� I
Date:
r
nK wm&Q
Hilary F S ith
County anager
Lisa MacDonald in the county attorney's office advised that the land use approval was never obtained as
per the Ordinance. Therefore, the ordinance was processed without the settlement agreement.