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HomeMy WebLinkAboutR94-109 modification of service plan for Mid Valley Metro} commissioner moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 94 - - /,/ 2 IN RE THE MATTER OF THE MODIFICATION OF THE SERVICE PLAN FOR THE MID VALLEY METROPOLITAN DISTRICT WHEREAS, pursuant to the provisions of Part 2 of Article 1 of Title 32, C.R.S. 1973, the Board of County Commissioners of the County of Eagle, State of Colorado (hereinafter "Board ") , by Resolution No. 82 -104, on November 23, 1982 approved a Service Plan for the Mid Valley Metropolitan District (hereinafter "District "); and WHEREAS, District, acting by its board of directors, proposes to modify its Service Plan to extend the boundary of the district to include the land described on Exhibit A attached hereto; and WHEREAS, the additional property sought to be included within the District is a proposed subdivision located within Eagle and Garfield Counties; and WHEREAS, District has entered into an agreement to provide wastewater collection and potable water supply and distribution services to the subdivision in the event District obtains the necessary approvals and permits required to extend service to the subdivision; and WHEREAS, District has entered into an agreement by which terms the subdivider will pay the capital costs incurred to extend services to the subdivision in the proposed extended boundary and to pay a portion of the costs of certain previously - planned capital improvements which will. benefit both the subdivision and others; and WHEREAS, District has asked the Board to determine that the proposed modification is not a major modification of the Service Plan requiring the Board's approval; and WHEREAS, the proposed modification to the Service Plan does not add to the level of service provided to properties in the existing boundary, decrease the financial ability of the District to discharge its existing or proposed indebtedness, or decrease the existing or projected need for organized services in the area; and WHEREAS, it appears that providing services to the subdivision is consistent with the District's projected service demands and capacities over the next 10 years; and WHEREAS, based upon the foregoing the Board finds, determines and declares that the proposed modification of District's Service Plan is not one of a basic or essential nature. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, the Board hereby determines that the proposed extension of the boundary of the District and the service of projected needs within the expanded boundary is not a modification of the District's Service Plan requiring approval by the Board under Part 2 of Article 1 of Title 32, C.R.S. 1973. THAT, the Board's determination herein shall not be construed nor deemed to be construed as obligating the present Board or future Board in any way whatsoever to approve zoning, rezoning or subdivision applications with respect to the land within the extended boundary of the District, but that such land use determi- nations shall be considered totally separate and independent of the Board's actions herein. THAT, the Board's determination herein shall not be construed nor deemed to be construed as obligating the present Board or future Boards in any way whatsoever to approve any permit or application with respect to the extension of the District's domestic water and and /or sewage treatment systems, or any request for a waiver of the regulations applicable to such permits or applications, but that such determinations shall be considered totally separate and independent of the Board's actions herein. THAT, the Board's determination herein shall not be construed nor deemed to be construed as obligating the present Board or future Boards in any way whatsoever with respect to any future applications to extend the boundary of the District, which Boards may find that such extensions represent modifications of the Service Plan of a basic or essential nature, requiring approval by the Board. MOVED, READ AND ADOPTED by the Board of County Commissioners of, the G_Z my of Eagle, State of Colorado, this G day of 1994. COUNTY OF EAGLE, STATE OF COLORADO By and Through Its ATTLSTZs .. r'..i '} BOARD OF COUNTY COMMISSIONERS By: G�LtiLe �' •L� Irk to th rd of ohnnette Phillips, hail T•za t County Commissioners e ge . Gates, Commissioner James E. Johnson, Jr., Commissioner 1 Commissioner / seconded adoption of the foregoing resolution. Tle roll having been called, the vote was as follows: Commissioner Johnnette Phillips Commissioner George A. Gates Commissioner James E. Johnson, Jr. This Resolution passed by LL / /i�i���,� vote of the Board of County Commissioners of the County of Eagle, State of Colorado. r \midvalley.res — r;Xri1t311 n PROPERTY DEScRIPTIOH LOT 1 A PARCEL OF LAND SITUATED IN LOTS 4 AND 6 THE NW1 /4SE1 /4, THE S1 /2NE1 /4 AND IN THE SE1 /4NW1 /4NE1 /4 OF SECTION 33, TOWNSHIP 7 SOUTH, RANGE 87 WEST OF THE SIXTH PRINCIPA MERIDIAN, COUNTY OF L ICULARLY GARFIELD, STATE OF COLORADO; SAID PARCEL BEING MORE PART DESCRIBED AS FOLLOWS: B RASS CAP COMMENCING AT THE SOUTHEAST CORNER OF SAID S A 2933.95 FEET TO A POINT ON THE ECTION 3 , IN PLACEi THENCE N 55 °51'58" W LINE OF GARFIELD COUNTY, THE RUE POINT OF NORTHERLY RIGHT -OF -WAY OF OLD STATE HIGHWAY N0. 82, SAID POINT ALS BEING ON THE EASTERLY BEGINNING THENCE LEAVING SAID EASTERLY LINE N 72 010133" W AI,ON SAID NORTHE DESCRIBEDWIN RECEPTIONENO.O 205s01 THE GARFIELD COUNTY CLERK AND RECORDER'S OFFICE; THENCE LEAVING SAID NORTHERLY RIGHT —OF —WAY N Ol °28'48 ° ' E ALONG THE EASTERLY LINE OF SAID ON RECEPTION.NO. 205501 614.51 HE To A PO G SAIDTEASTFRLYELINERALONG OF ^WAY OF NEW HIGHWAY 82i CHORD ° 4 " T FEET HAVING A RADIUS OF 2774.79 FEET A THE ARC OF A CURVE TO THE RIGH A DISTANCE OF.646.99 F A CENTRAL, ANGLE OF 13 21'3, , THENCE CONTINUING ALONG SAID BEARS S.64 °00'50" E 645.52 FEET THENCE CONTINUING °40'18" E 230.70 FEET TO A SOUTHERLY RIGHT-OF -WAYS 51046'25" E 253.64 FEET; THENCE LEAVING ALONG SAID SOUTHERLY RIGHT -OF -WAY S 53 o " ALONG SAID EASTERLY LINE POINT ON THE EASTERLY LINE OF SAID GARFIELD COUNTY; mvE TRU POINT OF E GIN �- SAID PARCEL CONTAINING SAID SOUTHERLY RIGHT-OF-WAY S 00 00 20 W 353.34 FEET TO 11.761 ACRES, MORE OR LESS. 93097.0 DECEMBER 10, 1993 7 PROPERTY DESCRIPTION LOT 2 A PARCEL LAND S1 /2NE1 /40 SITUATED O AND IN THE SE1 /4NW1 /4NE1 /4 OF SECTION r3/43, TOWNSHIP H7 SOUTH, RANGE 87 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO; SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 33, A BRASS CAP IN PLACE; THENCE N 47 0 22'10" W 3300.72 FEET TO A POINT ON THE NORTHERLY RIGHT -OF -WAY OF NEW STATE HIGHWAY NO. 82,E AID B OINT ALSO BEING ON THE EASTERLY LINE OF GARFIELD COUNTY, 11 W ALONG BEGINNING THENCE LEAVING SAID EASTERLY THENCE 530401 CONTINUING ALONG SAID NORTHERLY RIGHT -OF -WAY 91.02 FEET; 213.65 FEET; THENCE SAID NORTHERLY RIGHT -OF -WAY N 54 0 22 1 40" W CONTINUING ALONG SAID RIGHT-OF -WAY ALONG THE ARC CENTCURVE GLE THE AND A LEFT HAVING A RADIUS OF 2964.79 FEET CHORD OF BEARS. THAT PROPERTY N 63 0 29 1 53" W 15 °27'09", A DISTANCE OF 799.59- FEET 797.17 FEET) TO A POINT ON THE EASTERLY LINE DESCRIBED IN RECEPTION N0. 205501 OF THE GARFIELD COUNTY CLERK AND RECCORDE8R'SS OFFICE; ALONG H THENCE EASTERLY LINESOF SAIDRRECEPTION 110. 205501 1077.51 FEET; THENCE N 89 0 39'16" E ALONG THE SOUTHERLY LINE OF SAID F TT RECEPTION NO. 205501 828.51 RECEPTION NO 0 434184 O OFHTHE GARFIELD NC PROPERTY LINE S L 15°29'05 " ECORDERS ALONGrTHEFWESTERLY LINE OF SAID RECEPT ON NO L 434184 59.90 FEET; THENCE S 61 °18'35" E ALONG THE SOUTHERLY LINE OF SAID THE EASTERLY LINE OF To"A POINT ON RECEPTION No. 43 ) 1 THENCE 03 FEET 0'20" W ALONG SAID EASTERLY LINE GARFIELD 1492.72 FEET TO TH TRUE POINT OF BEGINNING SAID PARCEL CONTAINING 28.331 ACRES, MORE OR LESS. n 93097.01 DECEMBER 10, 1993 EXh1b1L N f PROPERTY DEBCRIPTION LOT 3 THE NW1 /4SE1 /4, THE OF LAND SITUATED IN LOTS 44 ION 33, TOWNSHIP 7 A PARCEL OF SECT COUNTY OF /2NE1 /4 AND IN THE SEl /4NW1 / PRINCIPAL MERIDIAN, :. S1 SOUTH, RANGE 87 WEST OF THE SIXTH PARCEL •BEING MORE PARTICULARLY ,.. EAGLE, STATE OF COLORADO; SAID r; DESCRIBED AS FOLLOWS: SECTI ON 33, A BRASS CAP SAID COMMENCING AT THE SOUTHEAST CORNER OF POINT ON THE FEET TO A THENCE N 30 °52'4411 W 3453.72 IN PLACE; P.U.D , SAID POINT ALSO BEING THE LAKE P. WESTERLY LINE OF BLUE DESCRIB T UE TRPKRAND N ORTHEAST RECORDER'S OFFICE T1pE AGIOE�COUNTYT LINE N 77 °11'EE W ALONG OF THE THENCE BFGINH11 THENCE LEAVING SAID WESTERLY RECEPTION NO. 439189 572.38 FEET; SHE NORTHERLY LINE OF SAID SAID N ° LINE S 38 NG ALONG EAGLE COUNTY ;'THENCE CONTINUI THE WESTERLY LINE OF COUNTY 598.79 FEET TO THE A POINT EAGLE ALONG THE WESTERLY 'LINE OF � PTION N0. 254334 DESCRIB PR OPERT Y LEAVING ' THENCE SOUTHWEST CORNER OF THAT OFFICE, RKRECORDER NE OF SAID I ALONG OF THE EA SOUTHERLY LINE S 58 °0.34 E SAID THENCE CONTINUING ' SAID WESTERLY ; RECEPTION NO. 254334 130.34 FEET; 136.88 FEET; THENCE N 18 °43'24" E. SOUTHERLY LINE S 75 °26'24" E EET TO OF SAID FTHENCE ECERECEPTION ALONG THE EASTERLY LINE NO3342543349 AI CORNER OF THAT SOUTHERLY THE NORTHEAST 49 345 THENCE NL89E42F5111 E PROPERTYSDESCRIBED IN RECEPTIONONo. 237.95 FEET TO THE NORTHWEST CORNER OF 01 11 W ALONG SAID SOUTHERLY LINE THNCE LEAVING ERY LINE S 0 00001 PARCEL CONTAINING BLUE LAKE p.U.D•i 1655.49 FEET TORE Ogu,ESSINT 14.175 ACRES, iO FROM THE COUNTY CLERK AND RECORDER'S EXCEPTING IN THECGARFIELD N0. 205501 AS RECORD ED SAID EXCEPTION CONTAINING 0..604 OFFICE WHICH AFFECTS SAID LOT; ACRES, MORE OR LESS. PARCEL CONTAINING A NET ACREAGE OF 13.571. .t SAID 93097. DECEMBER 10, 1993 �'• • 4 `.Y 'YS It La9e1 Description , - - -� A tract of land situated in .0 Sk Nrk of Section 33, Townshi South, Range 87 west of the 6th principal Heridian, a 10 Count , Colorado, lying easterly of and adjacent to the Westerly boundary lino of Eag a County, Colorado, and being mono particularly described as follows: Beginning at a point on the Northerly boundary line of the Sk Nrk of said section 33 whence a braze cap found in place and properly marked for the Southeast Corner of said Section 33 bears s 27 0 02`03" E .4440.21 foetl thence s 18 0 43'24" W 520.69 feet) thence N 75.26 W 136.88 loot) thence N S8 W 129.18 feet] thence N 29 "01 W 2.02 loot to A point on tho Wootorly boundary lino of Eagle County, Colorado) thence N 00.00'20" i 386.02 feet along the Westerly boundary line of Eagle County, Colorado to a point on the Northerly boundary lino of the 54,994 Of oaid Scction 331 thence N 89.39'07" E 410.13 feet along the Northerly boundary line of the Slj NEk of said Section 33 to the point of beginning, containing 3.4A acroo more or loos, together with and subject to an oaaemont and right -ol -way 20 feet in width extending from the Sunnyaide Spring as doaeribod in Ruling entered June 23, 1981 in Case No. 80CW3S1 in and for Water Diviaion No. S, State of Colorado, which easement and right -of -way shall be for purposes of installation, upkoop, maintenance, repair and replacement of said spring and of a water supply line extending from acid spring to the above described tract and ovor and across said tract to the point or points of use of water from said spring on said tract and on adjacent property having water rights in said spring, and togothor wihh a 30 foot wide access eaaementl ExCYDT any portion thereof lying within that tract of land conveyed by Robert 4 Gloria H. Arnold to Colorado -Vto Lleetrie Association, Inc. by deed recorded September 12, 1980 in Book 309 at page 181) AND A tract of land situated in the SWk Nrk of $action 33, Township 7 South, Range 87 West of the 6th Principal Meridian, Carflold County Colorado, lying Wootorly of and adjacent to the Eastorly boundary 1 neT of said Carfleld County, and boing more particularly described an followst Beginning at a point on said Easterly boundary line of Garfield County whence a braes cap found in place and properly marked for the Southeast Corner of said Section 33 bears 8 32.13'25" E 4SS4.00 fast) thonco 6 00 9 00'20" W 124.13 feet along said easterly boundary line of Garfield County) thence N 61 W 137.03 feet) thence N 15 6 20'07" E 50.80 foot) thence N 89 E 104.23 feet to the Point of beginning, containing 0.24 acres more or Teen.