HomeMy WebLinkAboutR95-015 condemn property of Hoffman pension plan for airport purposesX
Commissioner � rn moved adoption
of the followznq Reso u ion:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO.
IN RE THE MATTER OF THE PUBLIC NEED FOR
AND AUTHORIZATION TO CONDEMN FOP. AIRPORT PURPOSES -- -- —
CERTAIN PROPERTY Al T HE EAST SIDE OF
THE EAGLE COUNTY REGIONAL AIRPORT OWNED BY'
DR. MICHAEL D. HOFFMAN & ASSOCIATES MONEY PURCHASE
PENSION PLAN AND TRUST
WHEREAS, the Board of County.Commissioners of the County of
Eagle, State of Colorado (hereinafter "Board "), owns and operates
the Eagle County Regional Airport (hereinafter "Airport "), located
upon lands owned by the Board; and
WHEREA , the Airport has prepared, pursuant to federal law
regulating the Airport, and pursuant to authority of the Board, an
Airport Layout Plan (hereinafter "Plan ") which has been approved by
the Federal Aviation Administration (hereinafter "FAA "); and
WHEREAS. J.he, ?:.rport's capital spending plan includes the
extension ea;.- -:r c}f °tKe Airport runway, as described iii the Plan,
and the relocatJ on CooL -ey M "a Road; and
WHEREAS, Federal Aviation Regulations Part 77 define a Runway
Protection Zone and an Object Free Area and recommend and /or
require airports acquire fee title to land surrounding the airport
facilities at least containing the Runway Protection Zon -and Object Free Area; and
WHEREAS, the Federal Aviation Administration recommends and
authorizes 'the use of federal funds for acquisitor of land in
runway approach zones; and
WHEREAS, pursuant to Part 1, of Article 4 of Title 41, C.R.S.
1973, the acquisition of lands for county airports, including for
the purpose of the establishment, construction, enlargements,
improvement, maintenance, equipment and operation of airports, are
declared to be public governmental functions, exercised for a
public purpose, and matters of public necessity, and such lands are
declared to be acquired and used for public purposes and as a
matter of public necessity; and
WHEREAS, pursuant to Part 1, of Article 4 of Title 41, C.R.S.
1973, the Board is authorized to acquire lands for the Airport by
purchase or condemnation; and
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AREAS, that real property constituting approximately 32.856
acres in the Town of Gypsum, County of Eagle and described on
Exhibit A attached hereto is located east of the Airport, and
within an area described in Airport plans as appropriate and
convenient for the planned runway extension, in that it will be
used for establishment of safety zones required by FAA regulations,
installation of facilities ancillary to the runway extension and
relocation of Cooley Mesa. Road to facilitate that extension; and
WHEREAS, that real property described on Exhibit A attached
hereto is located east of the Airport and within an area described
in Airport -glans us appr.^,prJ ate and. convenient for the Board'
acquisition of fee title because it is within the Runway Approach
Zone, a safety zone, east of the Airport as determined relative to
the existing runways, as shown on the Land Eligibility Map attached
hereto as Exhibit B; and
WHEREAS, that real property described on Exhibit A attached
hereto is located east of the Airport-and within an area described
in Airport plans as appropriate and convenient for the Board's
acquisition of fee title because it is within the Runway Approach
Zone, a safety zone and /or the Runway Protection Zone and /or Object
Free Area east of the Airport as determined relative to the planned
extension and
WHEREAS, the County is eligible to receive FAA grant assis-
tance and /or allocation of FAA entitlement funds assistance for the
acquisition of the real property described on Exhibit A attached
hereto; and
WHEREAS, based upon the foregoing the Board finds, determines
and declares that the property is necessary and convenient for a
public purpose.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO:
THAT, the Board determines that the property described on
Exhibit A hereto is necessary and convenient for a public purpose
and that it shall proceed with the acquisition of fee title to the
property by purchase or by condemnation proceedings in accordance
with the procedures set forth in the applicable laws.
THAT, the Board's determination herein shall not be construed
as obligating the present Board or future Board in any way
whatsoever to complete the acquisition of the property and the
Board may exercise all rights accorded it under laws regulating
condemnation proceedings.
C" , c
MOVEI) RID
g g the County c
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ATTEST:
C C ADOPTED by the Board of ,nty Commissioners
Eagle, State of Colorado, this. day of
R
C er to th of
County Commissioners
COUNTY OF EAGLE, STATE OF
COLORADO, By and Through Its
BOARD OF COUNTY COMMISSIONERS
L � / ._...
01919
Commissioner seconded adoption of the
foregoing resolution. TlYe roll having been called, the vote was as
follows:
Commissioner James E. Johnson, Jr.
Commissioner George A. Gates
Commissioner Johnnette Phillips
This Resolution passed by C - YD vote of the Board of
County Commissioners of the County of Eagle, State of Colorado.
r \airport.con 5 -A -18
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George . Gates, Commissioner
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Pw- P,0SED TAKING -
Leu%al DescriR on
A parcel of land located in Tract 51 and'.53, and Section 2, T5E, R85W, in the 6th P.M., Eagle Coumy,
Colorado, according to the Independent Resurvey of said-T5S, R85W as accepted by the U.S. Surveyor GeneraPs
office in Denver, Colorado on June 20, 1922 - All bearings contained herein being relative to a bearing of S89 °08
minutes 13 seconds East on a line between corner No. 3 of said Tract 53 and corner No. 1 of Tract 54, T5S,
R85W (both corners'are r inches G.L.O. Brass Caps on a 1 inch pipe). Said parcel of land being more particular-
ly described as follows:
Beginning -at Comer No. 3 of said Tract 53; thence S89 08 minutes 13 seconds East, 1,678.26 feet along
the South line of said Tract 53 to the True Point of Beginning; thence continuing along said line S89° 08 minutes
13 seconds East, 856.46 feet; thence N81 49 minutes 06 seconds East 264.06 feet; thence NOS* 10.minutes 54
seconds WPSf 1_ d/IQ_(1� £Pr1 to a n_nin�t nn. tk�r 4p th s ight-3f- wzy line of U.S. No, 64 tti a�,.n� al np said
South right -of -way line 867.70 feet along the arc of a non - angent curve to me right raving a central angle of 8=
45 minutes 16 seconds and a radius of 5,675.59 - feet, the chord. of which bears N85° 47 minutes 05 seconds West,:
866.35 feet; thence continuing along said right -of -way line N81° 24 minutes 27 seconds West, 7.44 feet to a point
on the Westerly right -of -way line of County Road No. 102; thence along said Westerly right -of -way line S00° 48
minutes 16 seconds West, 973.02 feet; thence continuing along said right -of -way line 66.93 feet along the arc of a
curve to the right having a central angle of 45 05 minutes 58 seconds and a radius of 85.03 feet, the chord of
which bears S23° 21. minutes 05 seconds West, 65.22 feet; thence S00° 48 minutes 16 seconds West, 451.41 feet
to the Point of Beginning, containing 32856 acres.
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