HomeMy WebLinkAboutR85-26 Delatte exemptionS
J J
30577(
,was
jCHN NETTS PM LLfPS
'AC! E CTY. "EOWQPs'0
Commissioner moved adoption
of the following Resolut_i_on• MAR 25 104 PM °85
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 85 -ate
COUNTY AIRPORT - DELATTE SUBDIVISION
EXEMPTION RESOLUTION' AUTHORIZING
EXEMPTION FROM THE EAGLE COUNTY
SUBDIVISION REGULATIONS A DIVISION OF
CERTAIN LANDS LOCATED AT OR ADJACENT TO
THE EAGLE COUNTY AIRPORT - (FILE NOS.
SE- 273 -85, SE- 274 -85, AND SE- 275 -85)
WHEREAS, the Board of County Commissioners of the
County of Eagle, State of Colorado has determined it is
necessary to obtain the parcel of land described on the
attached Exhibit A (hereinafter referred to as "Parcel A ") for
airport purposes; and
WHEREAS, Parcel A is owned by I.H. DeLatte who is
willing to deed Parcel A to Eagle County in exchange for the
property described on the attached Exhibit B (hereinafter
referred to as "Parcel B "); and
WHEREAS, the transfer of Parcel A to the County by
I.H. DeLatte will create another parcel of less than 35 acres
described on the attached Exhibit C (hereinafter referred to as
"Parcel C "); and
WHEREAS, the division of land to allow Parcel_ A to be
deeded to the County is not within the purposes of the Eagle
County Subdivision Regulations (Eagle County Land Use
Regulations, §2.15.03) and the method of division is not for
the purpose of evading these subdivision regulations; and
WHEREAS, Parcel B, which would be created to exchange
for Parcel A, would be combined with Parcel C into one larger
parcel, and the method of division creating Parcel B is not for
the purpose of evading the Eagle County Subdivision
Regulations; and
h
WHEREAS. the division of land which creates Parcel A,
also creates Parcel C; the division is one which could be
created by any court in this state pursuant to the law of
eminent domain ( §41 -4 -104, C.R.S.), and is not for the purposes
of evading the Eagle County Subdivision Regulations; and
WHEREAS, written application has been made for
recognition of the exemption of Parcels A, B, and C from the
Eagle County Subdivision Regulations (SE- 273 -85, SE- 274 -85, and
SE- 275 -85).
NOW, THEREFORE, BE IT RESOLVED, the Board of County
Commissioners of the County of Eagle, State of Colorado,
declares the following divisions of law to be exempt from the
Eagle County Subdivision Regulations!
1. The division of land creating Parcel A pursuant
to the provisions of §2.15.03 of the Eagle County Land Use
Regulations and §30- 28- 101(10)(c)(II), C.R.S.; for purposes of
deeding it to Eagle County.
2. The division of land creating Parcel. B pursuant
to the provision of §30- 28- 101(10)(,c)(VIII), C.R.S., to be
deeded to the owner of Parcel. C and merged with Parcel C into
one larger parcel pursuant to the provisions of
§30- 28- 101(10)(c)(VIII), C.R.S.
3. The creation of Parcel C is a direct result of
the creation of Parcel A and is therefore also exempt by virtue
of §30- 28- 101(10)(c)(II), C.R.S., and §2.15.03 of the Eagle
County Land Use Regulations.
BE IT FURTHER RESOLVED that the divisions of land
creating the herein described Parcel A, Parcel B, and Parcel C
are found to be not for the purposes of evading the Eagle
County Subdivision Regulations and are exempt from the
Subdivision Regulations pursuant to the provision of
§30- 28- 101(10)(d), G.R.S.
AND ALSO BE IT RESOLVED that upon transFer of Parcel
B to the owner of Parcel C, Parcel B and Parcel C shall merge
into one parcel; and
BE IT FURTHER RESOLVED that the Chairman of the Board
of County Commissioners is authorized to execute, on behalf of
-2-
J
the Board of County Commissioners, a subdivision exemption plat
recognizing the exemptions described in this Resolution.
MOVED, READ AND ADOPTED by the Board of County
Commissioners of the County of Eagle, State of Colorado, at its
regular meeting held the day of _�j�r
1985.
",••�TTEST;� ;,,
By
J- one-- aoarn° o
Commissioners
COUNTY OF EAGLE, STATE OF COLORADO
By and Through its
BOARD OF COUNTY COMMISSIONERS
E9
Donald H. Welch, Commissioner
Commissioner �((ST/f�5y1� seconded adoption
of the foregoing resolution. The roll having been called, the
vote was as follows:
Commissioner David E. Mott AJ-1—
Commissioner Richard L. Gustafson /2,
Commissioner Donald H. Welch
This Resolution passed by A C) vote of the Board of
County Commissioners of th-e-C-0-u-n-ty--oT Eagle, State of Colorado.
Isis
- _ } EXHIBIT
A
January 1985
20' Road Portion through Tract 61
Legal Description
A parcel of land located in Tract 61 and Section 4 all
in Township 5 South, Range 85 West df the 6th Principal
Meridian according to the Independent Resurvey of said Town-
ship and Range as approved by the U.S. Surveyor General's
Office in Denver, Colorado on June 20, 1922. All bearings
being relative to a bearing of North 00 021100" Fast from a
brass cap set as a witness corner for Angle Point 3 of Tract
57 to a brass cap set for Angle Point 2 of Tract 57. Said
parcel being more particularly described as follows:
Beginning at a point on the west boundary of a parcel
Of land described by Reception Number 172262 of the Eagle
County, Colorado records whence a brass cap set for P.ngle
Point 1 of Tract 60, Angle Point 2 of Tract 57, Angle Point
3 of Tract 56 and Angle Point 4 of Tract 59 bears North
16.09'26" East, 1193.69 feet; thence North 00 °21100" East,
44.90 feet; thence South 89.00'15" West, 1102.40 feet to the
true Point of beginning; thence North 15 °01'00" West, 349.63
feet; thence North 17 034'25" West, 471.33 feet; thence North
10 °39111" West, 126.05 feet; thence North 16 °39'04" West,
339.71 feet; thence North 05.31'36" West, 98.61 feet; thence
North 16 009'31' West, 596.56 feet; thence North 05 004'43" West,
97.89 feet; thence South 87.05'09" West, 21.03 feet; thence
South 05 004'43' East, 100.54 feet; (thence South 16.09'31" East,
596.64 feet); thence South 05'31'36" East, 98.69 feet; thence
South 16 039'04" East, 340.61 feet; thence South 10'39'11" East,
126.16 feet; thence South 17.34'25' East, 472.02 feet; thence
South 15 °01'00" East, 344.33 feet; thence North 89000'15" East,
21.60 feet to the true point of beginning and containing
1.000 acres, more or less.
Feb. 27, 1985
LEGAL DESCRIPTION
Eagle County Airport
to
Mr. Delatte (road exchange)
A parcel of land located in Tracts 60 and 61 and
Sections 3 and 4 all in Township 5 South, Range 85 West
of the 6th Principal Meridian according to the Independent
Resurvey of said township and range as approved by the
U.S. Surveyor General's office in Denver, Colorado on
June 20, 1922. All bearings being relative to a bearing
of North 00 021'00" East from a brass cap set as a witness
corner for angle point 3 of Tract 57 to a brass cap set
for angle point 2 of Tract 57. Said parcel being more -
Particularly described as follows:
Beginning at a point on the west boundary of a
parcel of land described by Reception No. 172262 of the
Eagle County, Colorado records also being the northeast-
erly corner of a portion of a parcel described by Reception
No. 256102 of the Eagle County, Colorado records,-Whende
a brass cap set for angle point 1 of said Tract 60, angle
point 2 of Tract 57, angle point 3 of Tract 56 and angle
point 4 of Tract 59 bears North 16 °09'26" East, 1193.69
feet; thence North 00 °21'00" East, 44.90 feet on the
west boundary as described in said Reception No. 172262,
thence South 89 000'15" West, 1102.40 feet to the West
boundary of a road as described in said Reception No.
256102, thence South 15 001100" East, 35.63 feet on the
West boundary of said road as described in said Reception
No. 256102, thence North 89 032'44" East, 1092.76 feet on
the North boundary of a portion of land as described in
said Reception No. 256102 to the point of beginning and
containing 1.001 acres, more or less.
%AES
n
11204 0 �.
e
C ..�
4N9f�•�'�o
EXHIBIT
C
A parcel of land located in Tracts 60 and 61 and Sections
3, 4, 9 and 10 all in Township 5 South, Range 85 West of the
6th Principal Meridian according to the Independent Resurvey
of said Township and'Range as approved by the U.S. Surveyor
General's office in Denver, Colorado on June 20, 1922. All
bearings being relative to a bearing of North 00 °21'00" East
from a brass cap set as a witness corner for Angle Point 3
of Tract 57 to a brass cap set for Angle Point 2 of Tract 57. .
Said parcel being more particularly described as follows:
Beginning at a point on the west boundary of a parcel of
land described by Reception Number 172262 of the Eagle County,
Colorado records also being the northeasterly corner of a
Portion of a parcel of land described by Reception Number
256102 of the Eagle County, Colorado records whence a brass
cap set for Angle Point 1 of said Tract 60, Angle Point 2 of
Tract 57, Angle Point 3 of Tract 56 and Angle Point 4 of
Tract 59 bears North 16.09'26" East, 1193.69 feet; thence on
the boundary of said parcel as described by Recption Number
256102 of the Eagle County records the following six (6) courses:
1. South 89 032'44" West, 1092.76 feet;
2. South 15.01'00" East, 129.18 feet;
3. South 09 °12108" East, 47.13 feet;
4. North 89 °00'16" East, 20.20 feet;
S. North 88.56131" East, 1030.72 feet (record call
is North 89.00'15" East, 1030.39 feet) to the
southwest corner of a parcel of land described
by Parcel Number 172262;
6. thence North 00 °21100" East, 160.58 feet
on the west boundary of said parcel described by Reception
Number 172262 of the Eagle County records to the point of
beginning and contianing 4.082 acres, more or less.