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HomeMy WebLinkAboutR94-069 approving Barbour-Code-Haynes exemtpion plat1 c�\ 537651 B -641 P -603 05/31/94 05:02P PG 1 OF 3 REC DOC Sara J. Fisher Eagle County Clerk & Recorder 0.00 Commissioner moved adoption of the following esolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 94 - q A RESOLUTION APPROVING THE BARBOUR - CODY- HAYNES E70EMPTION PLAT WHEREAS, Charles W. and Jean C. Haynes took possession of a 3.20 acre parcel of land at 4501 Sweetwater Road, by way of a Quit Claim Deed and Warranty Deed, recorded on May 24, 1985 at Book 413, Page 11 and 12, in the records of the Eagle County Clerk and Recorder's Office; and WHEREAS, when the Haynes took possession of above mentioned parcel, an existing single family home and a well with a pumphouse were already in place; and WHEREAS, Glen F. and Betty Ann Avery are the owners of a 17.514 acre parcel of land located at 4499 Sweetwater Road recorded at Book 211 at, Page 44 in the records of the Eagle County Clerk and Recorder's Office and which is adjacent to the Haynes property; and WHEREAS, it was subsequently determined that the aforemen- tioned well and pumphouse were located on land owned by the Averys, and that therefore in August of 1988, The Averys created and gave via deed a 1.49 acre parcel to the Haynes, recorded at Book 490, Page 202 in the records of the Eagle County Clerk and Recorder's Office; and Sa 1 4- i J C� R 1 WHEREAS said reason for conveyance of this 1.49 acre parcel, was to correct an error either in the discrepancy in the original property line or the placement of the aforementioned well and pumphouse; and WHEREAS, the creation of the 1.49 acre parcel of land and the reconfiguration of the Averys' parcel are technically a violation of the County's Subdivision Regulations; and WHEREAS, the creation and conveyance of above mentioned 1.49 parcel was not done to create a separate parcel of land for dwelling or other uses; and WHEREAS, the Averys did convey all interest in their parcel to Billy Barbour and Sandra Cody. Said conveyance is recorded in Book 638 at Page 156, in the records of the Eagle County Clerk and Recorder's Office. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO THAT, the creation . and conveyance of land was not done to evade the intent and purpose of the Eagle County Land Use Regula- tions. That, pursuant to § 30 -28 -101 (10)(d) C.R.S The Board of County Commissioners exempt both the 4.69 acre parcel (the original 3.20 acre parcel plus the 1.49 acre addition) owned by the Haynes. and the 16.024 acre parcel, now owned by the Billy Barbour and Sandra Cody, from the requirements of the Eagle County Land Use Regulations. That the land survey for the Barbour- Cody - Haynes Exemption Plat finds that the actual real acreages are 4.562 acres for the Haynes parcel (Lot 1) and 13.230 acres for the Barbour -Cody parcel (Lot 2). THAT, said exemption shall in no way be construed as affecting in any way whatsoever the status of other illegal parcels located within Eagle County. THAT, the board hereby finds, determines and declares that this Resolution is necessary for the public health, safety and welfare of the residents of the County of Eagle, State of Colorado. MOVED, READ AND ADOPTED by the Board of Count Co y — ssioners of the Coun of f Colorado, at its regular meeting held the � Eagle, State o — day of ��c� 1994. COUNTY OF EAGLE, STATE OF COLORADO, By.and Through Its ATTEST: BOARD OF COUNTY COMMISSIONERS Clerk to the Board of County Commissioners -. -.,, By w ohnnette Phillips, Cha rman Commissioner ate} seconded adoption of the fore - going.resolution. The roll having been called, the vote was as follows: Commissioner Phillips Commissioner Johnson , Commissioner Gates This Resolution passed by ��9rir�i �C6 ) vote of the Board of County Commissioners of the County of Eagle, State of Colorado. i S 4 �, *0 � E. Jo issioner eorge Gates, Commissioner Commissioner ate} seconded adoption of the fore - going.resolution. The roll having been called, the vote was as follows: Commissioner Phillips Commissioner Johnson , Commissioner Gates This Resolution passed by ��9rir�i �C6 ) vote of the Board of County Commissioners of the County of Eagle, State of Colorado. Return (.trio. to