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Home My WebLink AboutR85-78 Delatte subdivision exemption�3 ?` NULL WS commissioner moved adoption DEC 30 9 45 AM of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 85- COUNTY AIRPORT - DELATTE SUBDIVISION EXEMPTION RESOLUTION: AUTHORIZING EXEMPTION FROM THE EAGLE COUNTY SUB- DIVISION REGULATIONS A DIVISION OF CERTAIN LANDS LOCATED AT OR ADJACENT TO THE EAGLE COUNTY AIRPORT - (FILE NOS. 5E- 276 -85 AND 5E- 277 -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 re- ferred to as "Parcel B"); 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 Regula- tions, §2.15.03) and the method of division is not for the purpose of evading these subdivision regulations; and WHEREAS, the division of land which allows Parcel A to be deeded to the County 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, Parcel B is being created to exchange for Parcel A, and the method of division creating Parcel B is not for the purpose of evading the Eagle County Subdivision Regulations; and WHEREAS, written application has been made for recogni- tion of the exemption of Parcels A and B from the Eagle County Subdivision Regulations (File Nos. SE- 276 -85 and SE- 277 -85). NOW, THEREFORE, BE IT RESOLVED, the Board of County Commissioners of the County of Eagle, State of Colorado, declares the following divisions of land 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 Regula- tions 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 I.H. DeLatte in exchange for Parcel A. BE IT FURTHER RESOLVED that the divisions of land creating the herein described Parcels A and B are found not to be for the purposes of evading the Eagle County Subdivision Regula- tions and are exempt from the Subdivision Regulations pursuant to the provision of (30- 28- 101(10)(d), C.R.S. AND BE IT FURTHER RESOLVED that Parcel A shall merge with and become a part of the immediately adjoining parcel owned by Eagle County after transfer to Eagle County; and Parcel B shall merge with and become a part of the immediately adjoining parcel of I.H. DeLatte after transfer to I.H. DeLatte. MOVED, READ AND ADOPTED by the Board of County Commis- sioners of the County of Eagle, tate of Colorado, at its regular meeting, held the , day of HLn Qcec/ 1985. L_ COUNTY OF EAGLE, STATE OF COLORADO M '.F By and Through its ATTEST P3 BOARD OF COUNTY COMMISSIONERS By: ?fiU2eZ i By erk;o the B2Sard o David. ott, Chairman County Commissioners RicHard L. 'usthfson,YCommissioner Dona H. Welch, Commissioner -2- l B � Commissioner �j-e�/ O-bt.j seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner David E. Mott Commissioner Richard L. Gustafson Commissioner Donald H. Welch This Resolution passed by vote of the Board of County Commissioners of the County of Eagle, State of Colorado. -3- rts EXHIBIT mountain engineering & land surveying c®. A �Shyland square, suite a -1 ings, Colorado 81601 945 -2045 P.O. box 14 gypsum, Colorado 81637 524 -9414 Legal Description Delatte to Eagle County September 5, 1985 A parcel of land located in Tract 59 and Section 3 all in Township 5 South, Range 85 West of the 6th Principal Meridian according to the Independent Resurvey of said township and range as accepted by the U.S. Surveyor General's Office in Denver, Colorado on June 20, 1922. All bearings contained herein being relative to a bearing of North 00 °21'00" East on a line from the witness corner for angle point 3 of Tract 57 to angle point 2 of Tract 57. Said parcel of land being more particularly described as follows: Beginning at a point on the boundary of a parcel of land described by Reception Number 256102 of the Eagle County, Colorado records whence a brass cap set for angle point 4 of Tract 59, angle point 1 of Tract 60, angle point 2 of Tract 57 and angle point 3 of Tract 56 bears South 43 048'23" East, 755.76 feet; thence on the boundary of said parcel as described by Reception Number 256102 the following three (3) courses: 1. South 75 °08'06" East, 107.24 feet; 2. North 84 °40'55" East, 309.89 feet; 3. North 39 °04'03" West, 44.50 feet; thence departing said boundary South 84 040155" West, 385.82 feet to the point of beginning and containing 0.295 acres, more or less. .aS :,.,. ' '•- q r' = EXHIBIT mOuntuli engineering & land lur eying c®. B 406 S. hyland square, suite a -1 glenwood springs, colorado 81601 945.2045 p.o. box 14 gypsum, colorado 81637 524.9414 Legal Description Eagle County to Delatte September 5, 1985 A parcel of land located in Tract 59 and Section 3 all in Township 5 South, Range 85 West of the 6th Principal Meridian according to the Independent Resurvey of said township and range as accepted by the U.S. Surveyor General's Office in Denver, Colorado on June 20, 1922. All bearings contained herein being relative to a bearing of North 00 021100" East on a line from the witness corner for angle point 3 of Tract 57 to angle point 2 of Tract 57. Said parcel of land being more particularly described as follows: Beginning at a point on the boundary of a parcel of land described by Reception Number 256102 of the Eagle County, Colorado records whence a brass cap set for angle point 4 of Tract 59, angle point 1 of Tract 60, angle point 2 of Tract 57 and angle point 3 of Tract 56 bears South 43 048'23" East, 755.76 feet; thence North 75 008'06" West, 395.00 feet on the boundary of a parcel of land described by Reception Number 256102 of the Eagle County, Colorado records; thence departing said boundary South 57 °31'33" East, 222.39 feet; thence North 84 °40'55" East, 195.00 feet to the point of beginning and containing 0.305 acres, more or less. 11�C•� • = :fllfRn:i1:P; i 3 i ) � Commissioner (3!41S7_,4/--4-0A1 moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 85 - �7 COUNTY AIRPORT - DELATTE SUBDIVISION EXEM13TION RESOLUTION: AUTHORIZING EXEMPTION FROM THE EAGLE COUNTY SUB- DIVISION REGULATIONS A DIVISION OF CERTAIN LANDS LOCATED AT OR ADJACENT TO THE EAGLE COUNTY AIRPORT - (FILE NOS. 5E- 276 -85 AND 5E- 277 -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 re- ferred to as "Parcel B"); 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 Regula- tions, §2.15.03) and the method of division is not for the purpose of evading these subdivision regulations; and WHEREAS, the division of land which allows Parcel A to be deeded to the County 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, Parcel B is being created to exchange for Parcel A, and the method of division creating Parcel B is not for the purpose of evading the Eagle County Subdivision Regulations; and WHEREAS, written application has been made for recogni- tion of the exemption of Parcels A and B from the Eagle County Subdivision Regulations (File Nos. 5E- 276 -85 and 5E- 277 -85). NOW, THEREFORE, BE IT RESOLVED, the Board of County Commissioners of the County of Eagle, State of Colorado, declares the following divisions of land 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 Regula- tions 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 I.H. DeLatte in exchange for Parcel A. BE IT FURTHER RESOLVED that the divisions of land creating the herein described Parcels A and B are found not to be for the purposes of evading the Eagle County Subdivision Regula- tions and are exempt from the Subdivision Regulations pursuant to the provision of {30- 28- 101(10)(d), C.R.S. AND BE IT FURTHER RESOLVED that Parcel A shall merge with and become a part of the immediately adjoining parcel owned by Eagle County after transfer to Eagle County; and Parcel B shall merge with and become a part of the immediately adjoining parcel of I.H. DeLatte after transfer to I.H. DeLatte. MOVED, READ AND ADOPTED by the Board of County Commis- sioners of the County, of Eagle, State of Colorado, at its regular meeting held the %j. day of /0..G0.el;t?V,eh 1985. ATTEST: By: / fiCE By: C erk to the Board f County Commissioners COUNTY OF EAGLE, STATE OF COLORADO By and Through its BOARD /0f) COUNTY COMMISSIONERS -2- E.)Mott, Chairman ssioner Y Commissioner seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner David E. Mott Commissioner Richard L. Gustafson Commissioner Donald H. Welch This Resolution passed by L/�/�4p1•`��iG /S vote of the Board of County Commissioners of the County of Eagle, State of Colorado. -3- k �A rnounriain engineering & land furveying co, s 406 s. hyland square, suite a -1 glenwood springs, Colorado 81601 945 -2045 p.o. box 14 gypsum, colorado 81637 524.9414 Legal Description Delatte to Eagle County September 5, 1985 A parcel of land located in Tract 59 and Section 3 all in Towrishio 5 South, Range 85 ?lest of the 6th Principal Meridian according to the Independent Resurvey of said township and range as accepted by the U.S. Surveyor General's Office in Denver, Colorado on June 20, 1922. All bearings contained herein being relative to a bearing of North 00 °21100" East on a line from the witness corner for angle point 3 of Tract 57 to angle point 2 of Tract 57. Said parcel of land being more particuiar'v described as follows: Beginning at a point on the boundary of a parcel of land described by Reception Number 256102 of the Eagle County, Colorado records whence a brass cap set for angle point 4 of Tract 59, angle point 1 of Tract 60, angle point 2 of Tract 57 and angle point 3 of Tract 56 bears South 43 °48'23" East, 755.76 feet; thence on the boundary of said parcel as described by Reception Number 256102 the following three (3) courses: I. South 75 008'06" East, 107.24 feet; 2. North 84 040'55" East, 309.89 feet; 3. North 39 004'03" West, 44.50 feet; thence departing said boundary South 84 040'55" West, 385.82 feet to the point of beginning and containing 0.295 acres, more or less. EXHIBI G7 Legal Description Eagle County to Delatte September 5, 1985 A parcel of land located in Tract 59 and Section 3 all in TownshiD 5 South, Range 85 West of the 6th Principal Meridian according to the Independent Resurvey of said township and range as accepted by the U.S. Surveyor General's Office in Denver, Colorado on June 20, 1922. All bearings contained herein being relative to a bearing of North 00 021'00" East on a line from the witness corner for angle point 3 of Tract 57 to angle point 2 of Tract 57. Said parcel of land being more particularly described as follows: Beginning at a point on the boundary of a parcel of land described by Reception Number 256102 of the Eagle County, Colorado records whence a brass cap set for angle point 4 of Tract 59, angle point 1 of Tract 60, angle point 2 of Tract 57 and angle point 3 of Tract 56 bears South 43 048'23" East, 755.76 feet; thence North 75 °08'06" West, 395.00 feet on the boundary of a parcel of land described by Reception Number 256102 of the Eagle County, Colorado records; thence departing said boundary South 57 031'33" East, 222.39 feet; thence North 84 °40'55" East, 195.00 feet to the point of beginning and containing 0.305 acres, more or less. 11204