Loading...
HomeMy WebLinkAboutresolution.council.072-03 RESOLUTION NO. (Series of 2003) A RESOLUTION OF THE CITY COUNCIL OF ASPEN, COLORADO, APPROVING A CONSENT TO ENTRY OF RULE AND ORDER AND POSSESSION AND USE AGREEMENT BETWEEN THE CITY OF ASPEN AND THE PITKIN COUNTY BOSRD OF COUNTY COMMISSIONERS FOR LAND ADJACENT TO THE THE ASPEN/PITKIN COUNTY AIRPORT'S OBJECT FREE AREA AND RUN-WAY PROTECTION ZONE. WHEREAS, the City of Aspen owns two parcels of property adjacent to the Aspen/Pitkin County Asirport that the County wished to acquire for upcoming airport improvements and to consolidate ownership in the vicinity of the runways; and WHEREAS, the Pitkin County Board of County Commissioners are prepared to initiate eminent domain proceedings to obtain the property owned by the City; and WHEREAS, the City of Aspen has agreed upon a value for the property to be acquired by Pitkin County and is willing to grant to Pitkin County immediate possession of the property to be acquired by eminent domain. NOW, THEREFORE, be it resolved by the City Council of the City of Aspen, Colorado, that: Section 1: The Mayor is hereby authorized to execute on behalf of the City of Apsen said Consent to Entry of role and Order and possession and Use Agreement in substantially the form as appended hereto as Exhibit A. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the ~a~-da~) of ~~003. I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a tree and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held on the day hereinabove stated. JPW-08Ii~/2003-G: ~ohn\word\resos\Airpor~-councy-conde~ation.doc 2 CONSENT TO ENTRY OF RULE AND ORDER AND POSSESSION AND USE AGREEMENT THIS AGREEMENT ~s' made this' ,~'~'-- day of~, 2003, by and between the Board of County Coroners of Pitkir~ounty, Colorado ("County") and the City of Aspen, Colorado ("City") for the purpose of consenting to the entry of a Rule and Order in a condemnation action to be initiated by the County; and for the purpose of granting to the County an irrevocable fight to possession and use of certain real property described on Exhibit "A' (the "Property") in connection with grants from the Federal Aviation Administration (the "FAA") for acquisition of the Property, which is adjacent to the Aspen / Pitkin County Airport's object free area and runway protection zone. 1. Because the County needs to submit grant documentation to the FAA by ,2003, and because both parties recognize the need to obtain FAA grant funds for this acquisition, the parties are willing to agree now on a maximum acquisition price for the Property based on appraisals conducted for a similar acquisition of land in June of 2000. 2. The City is aware of the provisions ofC.R.S. § 38-1-121, which provides that where the estimated value of property to be acquired exceeds $5,000.00 the property owner may obtain an independent appraisal at the acquiring governmental agency's expense. Preliminary estimates indicate that the Property's value will exceed $5,000.00. However, the City hereby waives its right to an independent appraisal, and agrees that the per acre value of $25,005.00 established in June 2000 for a similar acquisition represents the fair market value for the property. The Property comprises some 13.087 acres, resulting in a fair-market value of $327,240.00 3. In addition, the City acknowledges that good faith negotiations have occurred and the City agrees to accept as full compensation for the Property the fair- market value of $327,240.00. If the FAA requires a revised appraisal as part of the grant approval process, the City agrees to accept the revised appraisal value or $327,240.00, whichever is less. 4. The City acknowledges that the County requires immediate access to the Property for planned construction projects and hereby grants to the County a license to use the property for any and all proposes for a period of two years from the date of this Agreement or until the condemnation proceedings provided for in paragraph six (6) below are concluded, whichever is longer. The County shall pay to the City an annual license fee of one dollar ($1) per year, which fee will be waived upon payment of the agreed-upon fair market value of the property. 5. The City represents that title to the property is free and clear of all liens and encumbrances. 6. After execution of this Agreement, the County shall commence proceedings in eminent domain to acquire the Property. 7. Should the FAA require a revised appraisal for determining the fair market value of the Property, the County shall pay to the City the lesser of: (a) the fair market value for the property as determined in the appraisal, or (b) $327,227.00. This Agreement shall operate to grant to the County the irrevocable right to possession and use of the Property immediately after payment is made from the County to the City pursuant to this paragraph seven (7). 8. This Agreement shall be binding upon the parties upon signature by the authorized representatives of the City and County. 9. The parties also agree that upon payment to the City as detailed above, this Agreement may be presented by the County to the Court for entry of a Rule and Order awarding the County title to the Property in fee simple. 10. The City agrees that the total sum to be paid by the County as set forth above shall be in full settlement of all claims against the County for the condemnation of the Property, including but not limited to dmnages to the remainder, interest, costs, and use of temporary easements, if any. The City hereby agrees to discharge and hold the County harmless against any and all claims, liens,, encumbrances, interest, judgments, and taxes of any kind or nature whatsoever, if any, accrued against the Property prior to the date of entry ora Rule and Order. BOARD OF COUNTY COMMISSIONERS CITY OF ASPEN, COLORADO OF THE COUNTY OF PITKIN, COLORADO c~'/-Iatfield, Chair ~ AT ~ST: ATTEST: Jet }~ JOnes, Dep County Clerk Kathryn Ko~, ~ity Clerk