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HomeMy WebLinkAboutR81-10 Rocky Mountain Airways - Eagle County AirportRESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION N0. 81 - /G ACQUISITION OF REAL PROPERTY OWNED BY ROCKY MOUNTAIN AIRWAYS, INC. - EAGLE COUNTY AIRPORT WHEREAS, the Board of County Commissioners of the County of Eagle, Colorado, hereinafter referred to as the "Board", in conjunction and with the assistance of the Eagle County Airport Commission, and pursuant to the Eagle County Airport Master Plan, desires to acquire additional real property adjacent to and/or in the immediate vicinity of the Eagle County Airport for the purpose of future expansion of said airport dnd the operational facilities associated therewith; and WHEREAS, the Board desires to purchase certain real property located adjacent to the Eagle County Airport and presently owned by Rocky Mountain Airways, Inc.; the legal description of said real property is set forth in Exhibit "A" attached hereto and incorporated herein by this reference; and WHEREAS, Rocky Mountain Airways, Inc. desires to sell that certain real property described in Exhibit A„`o the County for use relative to the Eagle County Airport. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners, County of Eagle, Colorado; THAT, the Board hereby approves of the acquisition of that certain real property described in Exhibit A for the purpose of future expansion of the Eagle County Airport and the operational facilities associated therewith, subject to the following terms and conditions: a. The total purchase price for said real property shall be in the amount of thirty-five thousand two hundred and fifty dollars ($ 35,250.00); b. Said purchase price shall be paid in full prior to the end of the 1981 fiscal year; c. Rocky Mountain Airways, Inc. shall furnish to the Board a title insurance policy upon said real property prior to closing; d. Rocky '."fountain Airways, Inc. shall execute and deliver to the Board a good and sufficient general warrenty deed to the Board at the time of closing, conveying said property free and clear of all taxes, liens, encumbrances, easements, building and zoning regulations, and any restrictive covenants except as otherwise provided in that certain Receipt and Option Contract dated February 18, 1981, between Eagle County, Colorado, and Rocky Mountain Airways, Inc . ; and e. The Board shall furnish Rocky Mountain Airways, Inc. an updated appraisal and review acceptable to the Board and Rocky Mop to closing, indicating a fair market thirty-five thousand two hundred and ($ 35,250.00) for said real property hereunder. appraisal, sntain, prior value of fifty dollars being purchased THAT, for and in consideration of the purchase of said real property described in Exhibit A, the Board hereby agrees that in the event it becomes necessary under the Eagle County Airport Master Plan to relocate Rocky Mountain's navigational beacon, which is presently located on property adjacent to Eagle County's land, the Board will grant Rocky Mountain, its successors -2- and assigns, without charge, an easement for such beacon and related navigational aids and maintenance thereof on Eagle County's property at a location mutually satisfactory to the Board and Rocky Mountain. Such easement shall provide that if the use of such easement is discontinued for five (5) years, the easement shall be extinguished and revert to Eagle County. THAT, for and in consideration of the purchase of said real property described in Exhibit A, the Board hereby agrees that Rocky Mountain is entitled to lease space and/or provide air carrier service to the Eagle County Airport on an equal standing as any other party seeking to serve the airport or attempt to lease space that may be offered in the future. THAT, the Board hereby authorizes and determines that the purchase price in the amount of thirty-five thousand two hundred and fifty dollars ($ 35,250.00) shall be paid out of the Eagle County Public Works Fund; one of the purposes of said Public Works Fund being to acquire additional property adjacent to and/or in the immediate vicinity of the Eagle County Airport for expansion of said airport and its operational facilities associated therewith. THAT, the Board 'nereby requests and directs the Eagle County Treasurer and the Eagle County Accountant to take all necessary steps in disbursing such funds from the Public Works Fund for the purchase of that certain real property described in Exhibit A, MOVED, READ AND UNA_MIOUSLY ADOPTED by the Board of County Commissioners, County of Eagle, Colorado at its regular -3- meeting held this 2nd day of March, 1981. COUNTY OF EAGLE, STATE OF COLORADO ATTEST: By and through its BOARD OF COUNTY COMMISSIONERS By: ~ By: erk of the rd of Da e F. Grant, Chairman ounty Commissioners APPROVED AS TO FORM: Lp1 ~G/ Beth A. Whittier Dan County Attorney th Troxe ommissioner ~~ ~, i lia s, Commissioner ,. ~~ EXNIBIT "A" in the County of Eagle and State of Colorado, to-wit: ;~ - A parcel of land situated in Tract 55, Township 5 South, Range 85 West of the 6th P.M., described as follows: Beginning - at a point on the North line of tract of land conveyed to the County of Eag le by deed recorded May 27, 1946, in Book 131 at page 115, which point bears North 13°15'20" East, 1526.21 feet from Corner No.4 of Tract 56 and Corner No.1 of Tract 57; thence North 89°09` West along the North line of said tract conveyed by deed recorded in Book 131 at page 115,,a dista-n,ce . of 1309.7 feet to the Easterly line of a parcel of land conveyed to Eagle County by deed recorded March 3, 1964, in Book 181 at page 39; thence North OOo51' East, 200 feet along said Easteray line; thence South 89°16' East, 1309.30 feet; thence South 00 44` West, 200 feet to the point of beginning.