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Home My WebLink AboutResolution-1996-1525 RESOLUTION NO. 1525 series of 1996 TITLE: RESOLUTION AUTHORIZING THE JEFFERSON COUNTY OPEN SPACE OFFICIALS TO SECURE AN APPRAISAL, SURVEY, TITLE COMMITMENT, ENVIRONMENTAL ASSESSMENT, DETERMINE FAIR MARKET VALUE AND NEGOTIATE FOR THE ACQUISITION OF THE PROPERTY ADJACENT TO THE REAR NORTHWEST OF 4565 CARR STREET AND 4599 CARR STREET CONSISTING OF ONE ACRE (1), MORE OR LESS, IN WHEAT RIDGE, COLORADO, OWNED BY MICHAEL BOYD ENTERPRISES, 4584 CARR STREET, WHEAT RIDGE, COLORADO. WHEREAS, the property is located in Wheat Ridge, Colorado consisting of approximately one acre (1), more or less; and WHEREAS, Ridge where the additional land be this property is located in Parks and Open Space Plan acquired; and an area of Wheat recommends that negotiate Jefferson WHEREAS, the City desires to investigate the value and the fair market value of this property under the County Open Space Program; and NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Wheat Ridge that the Jefferson County Open Space officials be hereby authorized and requested to secure an appraisal, survey, title commitment, environmental assessment, determine fair market value and negotiate for the acquisition of the property, Adjacent to the rear northwest of 4565 Carr Street and 4599 Carr Street consisting of one acre (1), more or less, in Wheat Ridge, Colorado, owned by Michael Boyd Enterprises, 4584 Carr Street, Wheat Ridge, Colorado. DONE AND RESOLVED on this 26th day of February , 1996 ~~ Dan Wilde, Mayor ATTEST: - M. J. BOYD ENTERPRISES 4585 CalT Street Wheat Ridge, Colorado 80033 (303) 421-2265 December 1, 1995 Mr. Gary Wardle, Director City of Wheat Ridge Department of Parks and Recreation P.O. Box 638 Wheat Ridge, Colorado 80034 RE; Part of Tract D, Kenridge Subdivision Dear Mr. Wardle: Pursuant to your request during our meeting on October 25, 1995, I have prepared this letter outlining consideration that my wife and I may accept, or other terms and conditions that we may find sufficient, in order to justify granting the City the right to cross the above-referenced property to access its adjacent Green Belt area to the West. Based on our discussions, it appears that this issue has two distinct components, which I will address separately below' (a) short-term access, as evidenced by the City's request for a Right of Entry to demolish improvements on an adjacent property; and, (b) long-term or permanent access. We are sympathetic with your sense of urgency in resolving the short-term access problem, recognizing your need to spend money you have budgeted for demolition before the end of the year. We have every reason to cooperate fully with the City, provided such cooperation does not adversely affect our interests. Please be aware, however, that we perceive your need to complete this demolition project as the only factor that puts us on even footing with the City from the standpoint of negotiating the long- term access issue. Once this demolition is complete, the City would have little to motivate it to proceed with any further negotiations that were not heavily skewed in its favor. Although we're sure it would be more convenient for Wheat Ridge to have permanent access across our property for routine maintenance, it is a convenience that we expect the City would do without indefinitely unless it could be obtained at a bargain-basement price. Consequently, we are reluctant to compromise our bargaining position by granting the requested Right of Entry without concurrently taking steps towards resolving the issue of permanent access, as will be discussed in more detail beloW.' .,' I. SHORT-TERM ACCESS A. Reciprocal Easements Our preference in resolving the short-term access problem would be to skip it entirely, proceeding directly to the exchange of permanent, reciprocal easements. As I mentioned in our previous discussions, we would be willing to grant the City a permanent access easement across the flood-plain portion of our property, allowing its use by City personnel for demolition of existing improvements and for ongoing routine maintenance purposes. In consideration for this grant, we would ask that the City provide us with a reciprocal Easement allowing us to cross the Green Belt area on established paths for ingress and egress. We realize that this represents a departure from usual City policies. We would, however, be willing to accept limiting terms and conditions in order to minimize the impacts of shared usage of the pathways, including the follOWing; , '1 . ~ -I. - . Speed Limit - not to exceed 20 miles per hour; . Yield Right~f-Way - to all bicycles and pedestrians; . Waiver of Liability - for any damage we may incur as a result of using the Green Belt pathways. I might also point out that shared usage of green belt paths in the manner proposed is not without precedent. The Summit County bicycle path near Frisco, Colorado is one example; surely there are others. Under current circumstances, it would be necessary to access our parcel by using the path from the Johnson Park entrance at Wadsworth. It may, however, be possible for us to obtain access through the Public Service Company property to the North .- in that case, our primary access route across the Green Belt would be for a very short distance across the "Charlie Brown" bridge. Our only need to come in through Johnson Park would then be on those infrequent occasions when we needed access for a vehicle that could not negotiate the bridge. B. Stipulation regarding Aooraisal Assumptions In the event the City is unwilling to consider the idea of reciprocal easements, there is one other possibility that may warrant further pursuit. Although we have not yet discussed this possibility with our " legal counsel, we may be receptive to an offer of a Stipulation by the City which would provide that any appraisal done in connection with acquisition of this property be completed under the explicit assumption that the tract has adequate legal and physical access. As you indicated in our previous conversations, and as is discussed in more detail below, the City has already initiated steps towards the eventual acquisition of a portion of the subject property. Our major concern is to insure that any required appraisal analysis fully recognizes any potential to develop this tract which may exist. Because we also own a contiguous property, we are in a position to grant legal access to the tract. Physical access (other than on foot anellor hillside elevator), however, would be more difficult for us to provide directly, due to topographic constraints. If Wheat Ridge were to acquire a portion of this property, it would have both physical and legal access by virtue of its control of contiguous properties on either side along the Green Belt corridor. AlthoiJgh I have not researched this issue, it is my understanding based on my involvement with land exchanges involving federal government agencies that a public entity cannot deny access to a property in order to facilitate acquisition at an artificially low value which reflects lack of access, only to turn around and ~ access to the property once it takes possession. The proposed Stipulation would eliminate any uncertainty with respect to this issue. I might also note that I have been involved in similar situations in .' which appraisals were completed Rursuant to specific assulJlptions that were agreed \Ipon)n advance by all concerned parties. ";'" I' "~ II. LONG-TERM ACCESS A. ReciDrocal Easements As described above, Reciprocal Easements would be the solution we prefer in order to address the City's short-term access needs. Although this measure would also result in permanent access, we are receptive to possible acquisition by the City of a portion of this tract for inclusion in the Green Belt, under terms and conditions as described below - B. Acquisition I Land Exchange .. IRC Section 1031 Tax-Deferred Exchange: To defer current incOme tax liability as the result of any acquisition by the City, we would request cooperation in structuring the ' transaction as a tax-deferred exchange. The Internal Revenue Service recognizes property executed non-simultaneous exchanges that use a qualified intermediary as tax-deferred; consequently, this provision should result in minimal complications. . Restriction on Development: You indicated that the City is considering the possibility of designating the portion of the Green Belt south of Clear Creek and west of the bridge as a refuge, possibly restricting access or limiting access to foot traffic only. To that end, we may request a Deed Restriction which would provide that no improvements be constructed on the parcel to be conveyed to the City, and that public access across the property. be limited to foot traffic only. . Retained Easement: We would want to retain an easement across the portion of the property conveyed to the City that would allow us to continue to access the bike path from our property with bicycles or horses. In the alternative, the City may wish to offer to construct a retaining wall and path inside the boundaries of our retained tract, providing both an obvious delineation between public and private lands, and a means for us to access the bike path without needing to cross a potentially restricted area. ,:' ' , , .; :~!l~rf'/(~~"~~_\ :;,; ~y,<~~~;':'~,JJ': '< !t-; f" . Posting: We would expect the:City to construct, post arid ;maintain a' suitable fence, ' retaining wall or other structure, clearly identifying the limits of public property and, to the extent possible, preventing or discouraging trespass on the retained private tract. I hope this letter gives you some insight into our concerns so that we may explore possibilities for resolving the issues identified in mutually beneficial ways. I further hope that it provides a suitable starting point for further negotiations. If you have any questions, or need any additional information, please do not hesitate to call. I would also be willing to meet with the City's legal staff, or to appear before City Council, if that would be helpful. We look forward to hearing from you soon. Sincerely, 4 ~, :,,"j., 1;"- ,-------- -- \\ ~~\ ~" _ ~~t\\~~ I1U.\ ~~...? _ /- ~!S ~;\f ;;;,--;';'; _--- -...::;;. T:;::' - "-_" tI. c""". 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