RESOLUTION NO. CC92-254

RE:COMMUNITY RESOURCES - OPEN SPACE - MORTON AND MILLER (OS90-52)

Approval of Purchase and Sale Agreement between Jefferson County (the "County"), and Ruth Anne Morton, Richard Michael Miller, Sally Poitz, Cynthia Lee Mattevi and Duane Albert Miller (the "Sellers"), authorization for the Chairman to execute the same, and authorization to accept the deed(s) when received; authorization to convey the portion of the property acquired with Open Space funds to the City of Arvada ("Arvada") with a reverter and to convey the remaining property to Arvada by Commissioner's Deed.

WHEREAS, by Resolution No. CC91-709 the Board of County Commissioners of the County of Jefferson, State of Colorado, authorized the negotiations for acquisition of the above referenced property pursuant to Open Space Proposal No. OS90-52; and

WHEREAS, the Jefferson County Board of County Commissioners (the "Board") agrees with the following findings as made by the Jefferson County Open Space Advisory Committee ("OSAC") on March 5, 1992, during a regularly scheduled meeting:

1.That the Open Space Proposal No. OS90-52 is within the criteria, intent and purpose set forth in the current 1989 Jefferson County Open Space Master Plan;

2.That the Open Space Proposal No. OS90-52 is within the general purpose and intent of the Board of County Commissioners Jefferson County Open Space Resolution, dated the 7th day of November, l972 and amended September 29, 1980;

3.That proposal OS90-52 is being acquired for extension of the Farmer's Highline/Croke Trail and expansion of the Standley Lake View Corridor and Library site; and

WHEREAS, OSAC approved Resolution No. 67-91 dated August 15, 1991, recommending, and the Board of County Commissioners approved Resolution No. CC91-709 dated September 3, 1991, authorizing appraisal, title commitment, survey, environmental hazard assessment, and negotiations for the subject property; and

WHEREAS, these negotiations are now completed and the major terms determined;

WHEREAS, the subject property will be deeded to the City of Arvada upon acquisition; and

WHEREAS, a portion of the property, approximately 8,303 square feet (9.5% of the total 87,73l square feet (2.01 acres) to be acquired) is needed by Arvada for the widening of Kipling Street; and

WHEREAS, Arvada will pay for such portion at closing directly out of Arvada's general fund money in addition to paying for its proportionate share of acquisition costs; and

WHEREAS, pursuant to negotiations with the Sellers of the subject property, the Sellers have agreed upon a purchase price for the subject property of Ninety-one Thousand Two Hundred and no/100ths Dollars ($91,200.00); and

WHEREAS, the parties wish to enter into an Agreement of Purchase and Sale for the acquisition of the above-referenced property; and

WHEREAS, during a regularly scheduled meeting of the Jefferson County Open Space Advisory Committee on March 5, 1992, the Committee, by a unanimous vote, 8 voting yes, 0 voting no, and one (1) abstaining from a vote on the question, voted to recommend that the Board of County Commissioners approve the terms of negotiations for the acquisition of 2.01 acres, more or less, (87,73l square feet) contingent upon Arvada paying for the 8,303 square feet ($8,800.00, together with its proportionate share of acquisition costs), as is set forth in said proposal, subject to certain terms and conditions.

NOW, THEREFORE, BE IT RESOLVED that the Board of County Commissioners of the County of Jefferson, State of Colorado, hereby and herewith approves the Agreement of Purchase and Sale for the acquisition of the above-referenced property and

authorizes the Chairman of the Board to execute the same subject to the following conditions:

1.That the cost of acquisition shall be Ninety-one Thousand Two Hundred and no/l00ths Dollars ($91,200.00), l00% from Jefferson County's Attributable share of the Open Space Fund;

2.That title to the approximately 2.01 acres, more or less, shall be passed to Jefferson County as follows: County of Jefferson, a body politic and corporate;

3.That the City of Arvada shall pay for the 8,303 square feet ($8,800.00) necessary for the widening of Kipling Street, at closing directly from the City of Arvada's general fund, in addition to its proportionate share of the acquisition costs;

4.That although the County is interested in the possible acquisition of the property, the County does not intend at this time to acquire the property by eminent domain.

BE IT FURTHER RESOLVED that the County Attorney's Office shall hereby be authorized to sign closing documents.

BE IT FURTHER RESOLVED that upon delivery of the deeds called for by said Agreement of Purchase and Sale and upon the approval as to form by the County Attorney's Office, said deeds shall be and are hereby accepted and the Chairman of the Board is hereby authorized to indicate such acceptance on the face of said deeds.

BE IT FURTHER RESOLVED that upon indication of such acceptance the County Attorney's Office is hereby and herewith directed to cause said deeds to be recorded in the office of the Clerk and Recorder of Jefferson County.

BE IT FURTHER RESOLVED that Jefferson County is hereby authorized to convey title to the 77,428 square feet to the City of Arvada by Commissioner's Deed, said conveyance to contain a reverter clause that the property be used for open space, park and recreational purposes.

BE IT FURTHER RESOLVED that Jefferson County is hereby authorized to convey title to the 8,303 square feet to the City of Arvada by Commissioner's Deed.

Commissioner Stone seconded the adoption of the foregoing Resolution. The roll having been called, the vote was as follows:

Commissioner Rich Ferdinandsen AYE

Commissioner John P. Stone AYE

Commissioner Marjorie E. Clement, Chairman AYE

The Resolution was adopted by unanimous vote of the Board of County Commissioners of the County of Jefferson, State of Colorado.

Dated: April 20, 1992