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HomeMy WebLinkAboutR92-169 exemption from Subdivision Regulations for Jerry Nelson Joe Tract191 J57 a-595 P -26J 11,/25,,''`.�'� 15.11 PG 1 OF 4 c) DOC 1OHNNETTE PHILLIPS EAGLE COUNTY CLERK, COLORADO 0k00 0-00 Commissioner l0 #-7—_e� moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 9 OL NW* APPROVAL OF APPLICATION for EXEMPTION from EAGLE COUNTY SUBDIVISION REGULATIONS L1 Jerry D. and Sharla R. Nelson Joe Tract, Pt of Tract 51, Sec 6, T5S, R84W FILE NO. SE- 284 -92 WHEREAS, Section 2.15.03 of the Eagle County Land Use Regulations provides for Exemption from the County's Subdivision Regulations; and WHEREAS, Jerry D. & Sharla R. Nelson, did file an applica- tion with the Eagle County Department of Community Development on or about April 28, 1992, for an Exemption from the Subdivision Regulations within a Resource Zone District, in the unincorporat- ed area of Eagle County described as follows: A tract of land designated the "JOE TRACT" in Tract 51 of Section 6 of the Independent resurvey of T5S, R84W of the 6th P.M., County of Eagle and State of Colorado as approved by the Surveyor General's Office in Denver, Colorado on June 20, 1922, said "JOE TRACT" being more particularly described as follows, to wit: Beginning at Corner No. 1, a point on the Northerly right of way fence line of the Denver and Rio Grande Western Railroad as it now exists from which Angle Point 3 of said Tract 51 bears S54 009140 11W, 729.15 feet distant; thence along said Railroad Right of way fence N81 028120 11W, 84.76 feet; thence N78° 52150 11W, 162.62 feet to Corner No. 2 identical with the Southeast Corner of that certain tract of angle known as the "Schaefer Tract ", a point on said Railroad right of way fence line; thence N05 018110 11E, 362.96 feet to Corner No. 3, identical with the Northeast Corner of the aforementioned "Schaefer Tract ", a point on the Southerly bank of the Eagle River as it now exists; thence N61 030110 11E, 156.31 feet to Corner No. 4 a point on the Southerly bank of the Eagle River from which a Witness corner for Corner No. 4 bears South 3.50 feet; thence from Corner No. 4 N88 049150 11E, 138.86 feet to Corner No. 5, not set; thence S07 049140 11W, 10.00 feet to a Witness Corner for Corner No. 5; thence S07 °49140 11W, 477.29 feet to Corner No. 1, the point of beginning. COUNTY OF EAGLE STATE OF COLORADO The Exemption Plat is entitled "NELSON EXEMPTION, IMPROVEMENT SURVEY PLAT, SCHAEFER AND JOE TRACTS" and WHEREAS, based on the evidence and exhibits submitted with the Application, and the comments of staff of the Eagle County Department of Community Development, the Board of County Commis- sioners of the County of Eagle, State of Colorado ( "the Board "), finds as follows: 1. The parcel included within the exemption was created and established in the records of the Clerk and Recor- der prior to August 22, 1984. 2. The land within the exemption is properly zoned for the proposed use, and complies with Supplementary Regula- tions 2.07 of the Land Use Regulations, which are incorporated herein as if set forth with particularity. 3. The proposed exemption has legal and physical access to a public street or rights -of -way by conventional vehicle. 4. Satisfactory evidence has existence of a legal, phy water supply. 5. Satisfactory evidence has existence of a wastewater lawful means of disposing plies with all applicable been furnished as to the 3ical, adequate and dependable been furnished as to the disposal system, or other of human wastes which com- public health laws. 6. Evidence demonstrates that all site conditions associa- ted with the exemption will not create hazards, and the lot will contain a safe, adequate building site. 2 a NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: That the application of Jerry D. Nelson and Sharla R. Nelson, File No. SE- 284 -92, for an Exemption from the Eagle County Subdivision Regulations, be approved. THAT, the Board of County Commissioners directs the Depart- ment of Community Development to provide a copy of this Resolu- tion to the Applicant. THAT, this resolution is necessary for the public health, safety and welfare of the citizens of Eagle County, Colorado. -3- 6 � s w 8 MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting g"he �f day of —)-7 , 1992, nunc pro y 26, 1992. FM �. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its ��% BOARD UNTY COMMISSIONERS - By: Clerk to the Board f chard L. u afso Ch County Commissioners Donal H. Welch, Commissioner r George . Gates, Commissioner Commissioner /J�1 seconded adoption of the fore- going resolution. The roll having been called, the vote was as follows: Commissioner Donald H. Welch ,&, Commissioner George A. Gates —" '- Commissioner Richard L. Gustafson- - This Resolution passed by ClAl .`/1 _S vote of the Board of County,Commissioners of the County of Eagle, State of Colorado. -4-