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HomeMy WebLinkAboutR83-055 - Edwards Metro Service PlanCommissioner Troxel moved adoption of the following Resolution: BEFORE THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 1� WHEREAS, a Service Plan, supporting documents and a processing fee in the amount of $100.00 have been filed relating to the proposed conversion of Edwards Water Dis- trict to Edwards Metropolitan District in Eagle County Colorado; and WHEREAS, the provisions of Part 2 of the Special Dis- trict Act require that a public hearing be called and held within thirty (30) days concerning the adequacy of the Ser- vice Plan; NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Eagle County, Colorado: Section 1. That a public hearing on the Service Plan for the proposed Edwards Metropolitan District be and the same is hereby set for 2 :30 o'clock P .m. at Commis- sioners' Hearing Room, Eagle, Colorado, the regular meeting place of the Board of County Commissioners, on Thursday , the 25th day of August , 1983. Section 2. That the Clerk of this Board is hereby directed to cause the Notice of Hearing to be published in the Eagle Valley Enterprise, a newspaper of general circu- -1- lation within the County, once each week for a period of three (3) successive weeks by three (3) publications, the first of which shall be at least twenty (20) days prior to the date of the public hearing. Section 3. That the Clerk is hereby further directed to provide written Notice of Hearing to the petitioner and to the governing body of any existing municipality or special district which has levied an ad valorem tax within the next preceding tax year and which has boundaries within a radius of three (3) miles of the proposed District. Section 4. That said Notice of Hearing shall be in substantially the following form: DISTRICT COURT Civil Action No. NOTICE COUNTY OF EAGLE OF STATE OF COLORADO Div. HEARING IN RE THE CONVERSION OF EDWARDS WATER DISTRICT TO EDWARDS METROPOLITAN DISTRICT PUBLIC NOTICE IS HEREBY GIVEN that there were filed wth the County Clerk and Recorder of Eagle County, Colorado, a Service Plan and related documents for the proposed conver- sion of Edwards Water District to Edwards Metropolitan Dis- trict. The Service Plan and related documents are now on file in the office of the Clerk and Recorder and are avail- able for public inspection. NOTICE IS FURTHER GIVEN that by Order of the Board of County Commissioners of Eagle County, Colorado, a Public Hearing on said Service Plan and related documents will be held at the Commissioners' Hearing Room, Eagle, Colorado, at 2:30 o'clock P .m. on Thursday the 25th day of August , 1983. -2- The purpose of the public hearing shall be to consider the adequacy of the Service Plan of the proposed conversion of Edwards Water District to Edwards Metropolitan District and to form a basis for adopting a Resolution approving, conditionally approving, or disapproving the Service Plan. The proposed District is located entirely within Eagle County, Colorado and is described as follows: Attached hereto as Exhibit A, containing nine (9) pages, and incorporated herein by reference. In accordance with the procedures set forth in 32 -1- 305(3), C.R.S. 1973, as amended, the owner of any real property within the proposed Edwards Metropolitan District may file a petition with the District Court in and for Eagle County stating reasons why such property should not be included within the proposed District and requesting that such prop- erty be excluded therefrom. Such petition shall be duly verified, shall describe the property sought to be excluded, and shall be filed after the filing of the petition for the conversion of the proposed District but no later than ten (10) days before the day fixed for the hearing thereon be- fore the District Court. THIS NOTICE GIVEN BY ORDER of the Board of County Com- missioners of Eagle County, Colorado, this 28th day of July , 1983. Johnette Phillips County Clerk and Recorder q e ounty, Colorado Johnnette fillips (COUNTY SEAL) Section 5. That the Board of County Commissioners of Eagle County, Colorado, does hereby waive the requirement of the Special District Act providing that the Service Plan be filed at least ten (10) days prior to the regular meeting of the Board of County Commissioners. MIN Section 6. That all resolutions or parts thereof in conflict with the provisions hereof be and the same are hereby repealed. Section 7. That this Resolution, immediately upon its passage, shall be recorded in the Book of Resolutions of the County kept for that purpose and shall be authenticated by the signatures of the Chairman of the Board of County Commissioners and the Clerk and Recorder. ADOPTED AND APPROVED this 28th day of July , 1983, at Eagle, Colorado. THE BOARD OF COUNTY COMMIS- SIONERS OF EAGLE COUNTY, COLORADO -00% By: Chairman ATTEST: Johnette Phillips, County Clerk and Recorder, Eagle County, Colorado Commissioner Mott seconded the adop- tion of the foregoing Resolution. The roll having been called, the vote was as follows: Commissioner David E. Mott Commissioner Dan Williams Commissioner Keith Troxel Aye Absent Ave The Resolution was unanimously adopted by the Board of County Commissioners of the County of Eagle, State of Colorado. -4- FWA9ii!i4IM\ LEGAL DESCRIPTION The boundaries of the proposed Edwards Metropolitan District can be defined by the following description: That part of the East 1/2 of the East 1/2 of Section 5, the South 1/2 of the South- west 1/4 of Section 4, and the Northeast 1/4 of the Northwest 1/4 of Section 9, Township 5 South, Range 82 West of the Sixth Principal Meridian, County of Eagle, State of Colorado, more particularly described as follows: Beginning at the Southeast corner of said Section 5; Thence S88 ° 30'01 "W along the South Line of said Section 5, a distance of 1,343.79 feet to the Southwest corner of the East 1/2 of the East 1/2 of said Section 5, Thence N01 021127 11E, along the West line of the East 1/2 of the East 1/2 of said Section 5, a distance of 2,072.17 feet, thence N52 042144 11W along the North boundary of Highway No. 6 and No. 24 a distance of 182.2 feet; Thence continuing along said North boundary on a curve to the left which has a Degree of Curvature equal to 1 058' and a Radius of 2,915 feet, a distance of 1,208.73 feet; Thence N77001E, a distance of 98.0 feet; Thence N890421E, a distance of 1,359.37 feet; Thence N01 ° 21'27 "E along the West line of East 1/2 of the East 1/2 of said. Section 5, a distance of 2,576.49 feet to the Northwest corner of the East 1/2 of the East 1/2 of said Section 5; Thence S89 °40152 "E along the North line of said Section 5, a distance of 1,348.51 feet to the Northeast corner of said Section 5, Thence SO1 ° 25131 11W along the East line of said Section 5, a distance of 3,902.76 feet to the Northwest corner of the South 1/2 of the Southwest 1/4 of said Section 4; Thence N89 °261E along the North line of the South 1/2 of the Southwest 1/4 of said Section 4, a distance of 760 feet, more or less, to the South right -of- way line of the Denver and Rio Grande Western Railroad; Thence Southeasterly along said South right -of -way line, a distance of 2,110 feet, more or less, to the East line of the Southwest 1/4 of said Section 4; Thence southerly along the East line of the Southwest 1/4 of said Section 4, a distance of 495 feet more or less, to the South line of said Section 4; Thence N870071W along the South line of said Section 4, a distance of 2,640 feet, more or less, to the Southeast corner of said Section 5, which is the point of beginning. -5- Also including that part of the Northwest 1/4 of the Northeast 1/4 of Section 5, Township 5 Sourth, Range 82 West of the Sixth Principal Meridian, County of Eagle, State of Colorado, more particularly described as follows: Beginning at the Northeast corner of the Northwest 1/4 of the Northeast 1/4 of Section 5, from which the Northeast corner of said Section 5 bears S89 045130 11E, 1348.44 feet distant; Thence along the East line of the Northwest 1/4 of the Northeast 1/4 of Section 5, S01 °36130 11W a distance of 90.26 feet; Thence along the Northerly righ -of -way line of an access road on the following four (4) courses and distances: 1) S01 ° 17'00 "W, 246.30 feet 2) 209.31 feet along the arc of a curve to the right having a radius of 533.00 feet, a central angle of 22 °3010011, and the chord of which bears N87 °28100 "W, 207.97 feet 3) N76 ° 13'00 "W, 190 feet 4) ' 137.34 feet along the arc of a curve to the right having a radius of 189.20 feet, a central angle of 41 ° 35'28", and the chord of which bears N55 ° 25'16 "W, 134.34 feet to a point on the North line of the Northwest 1/4 of Section 5. Thence along said North line S89 °45135 "E, 748.90 feet to the point of beginning. Also including a triangular shaped parcel of land situated in the Northeast 1/4 of the Northwest 1/4 of Section 9, in Township 5 South, Range 82 West of the 6th Principal Meridian, lying southerly of the northerly boundary line of said Section 9 and northerly of the northerly boundary line of the right -of -way of U.S. Highway . No. 6 and 24; said parcel of land being more particularly described as follows, to- wit: Beginning at a point on the northerly boundary line of said Section 9 whence a stone found in place and properly marked for the Northeast corner of Section 4 in said Township and Range, bears N32 ° 04'53 "E, a distance of 6,152.77 feet; Thence S02 031155 11W, 23.30 feet to a point on the northerly boundary line of the right -of -way of said highway; Thence along and conforming to the northerly boundary line of the right -of -way of said highway, N81 ° 44'23 "W, 163.44 feet to a point on the northerly boundary line of said Section 9; Thence S89 055105 11E along and conforming to the northerly boundary line of said Section 9, 162.97 feet to the point of beginning. Said parcel of land contains 0.044 of an acre, more or less, lying and being in the County of Eagle, and-State of Colorado. Also including the Southwest 1/4 of the Southeast 1/4, and the Southeast 1/4 of the Southwest 1/4 of Section 5; the Northeast 1/4, the Southeast 1/4, the North 1/2 of the Northwest 1/4,, and the Southeast 1/4 of the Southwest 1/4, and the Northeast 1/4 of the Southwest 1/4 of Section 8; and the West 1/2 of the Northwest 1/4, and the Northwest 1/4 of the Southwest 1/4 of Section 9; all of which sections are located in Township 5 South, Range 82 West of the 6th Principal Meridian, County of Eagle, State of Colorado. Also including a tract of land situated partly in the South 1/2 of the Southeast 1/4 of Section 4, and in the North 1/2 of the Northeast 1/4 of Section 9, both sections being in Township 5 South, Range 82 West of the 6th Principal Meridian; lying northerly of the northerly boundary line of the right -of -way of U.S. Highway No. 6 and 24; said parcel of land- being more particularly described as follows, to wit: -7- Beginning at a po____ on the northerly right -of -way ce line of G. S. Highway No. 6 and 24, from which the Northeast corner of Section 4 of said Township and flange bears N09 °43133 "E, a distance of 5,348.54 feet; Thence N86 005140 11E, a distance of 182.50 feet along said fence line; Thence N160141E, a distance of 190.86 feet; Thence N33 °591E, a distance of 90.5 feet; Thence N20 °441W, a distance of 50.0 feet; Thence S640451W, a distance of 30 feet, more or less; Thence N201441W, a distance of 10 feet, more or less; Thence S70 °W, a distance of 668.13 feet; Thence S020531E, a distance of 121.96 feet; Thence N86 °05140 "E, a distance of 386.99 feet to the point of beginning. Said parcel of land contains 3.04 acres, more or less, lying and being in the County of Eagle, and State of Colorado. Also including a parcel of land situated in the South 1/2 of the Southeast 1/4 of Section 4, Township 5 South, Range 82 West of the Sixth Principal Meridian, County of Eagle, State of Colorado, lying Southerly of the center line of the Eagle River, more particularly described as follows: Beginning at a point whence the Southeast corner of Section 4 bears S89 042133 11E, 1162.66 feet distant; Thence along the South line of said Section 4, N89 042133 11W a distance of 260.00 feet to a point on the center line of the Eagle River; Thence along the center line of the Eagle River N71 ° 41'14 "E, a distance of 269.13 feet; thence S02 ° 59'53 "E, a distance of 86.00 feet to the point of beginning, containing 0.256 acres, more or less. Also including a parcel of land situated in the Southeast 1/4 of the Southeast 1/4 of Section 4, also in the Northeast 1/4 of due Northeast 1/4 of Section 9, Township 5 South, Range 82 West of the Sixth Principal Meridian, County of Eagle, State of Colorado, lying Northerly of the Northerly right -of -way line of U.S. Highway 7 and 24, and Southerly of the center line of the Eagle River, more par titularly' described as follows: ' s Beginning at a point in the center of said river whence the Northeast corner of Section 4 bears N11 ° 28'16 "E, S183.35 feet distant; Thence S02 ° 53'00 "E a distance of 200.11 feet- to a point on the Northerly right -of -way line of said highway; thence S85 005140 11W a distance of 260.42 feet along the Northerly right -of -way line of said highway; Thence NO2 ° 53'00 "W, Thence N70 °00100 "E, a distance of 281.86 feet along the center of said river to the point of beginning. Excepting Interstate Highway 70 and the right -of -way of Interstate Highway 70 service roads, and excepting the right -of -way of the Denver and Rio Grande Railroad, and excepting the right -of -way of U. S. Highway 6 and 24, and excepting all other public right -of -ways of record. Also excepting a parcel of land in the East 1/2 of the East 1/2 of Section 5, Township 5 South, Range 82 West of the Sixth Principal Meridian, County of Eagle, State of Colorado, containing a rest area for Interstate Highway 70, more particularly described w follows: Beginning at the Southeast corner of Section 5; Thence N01 °25131 11E along the east line of Section 5, a distance of 1,603.93 feet to the true point of beginning; Thence N49 050159 11W, a distance of 451.53 feet; Thence N27 050150 11W, a distance of 690.00 feet; Thence N59 050101 11W, a'distance of 150.00 feet to a point on the east right -of -way of the access road of the Interstate Highway to U. S. Highway 6; Thence N30 °09101 11E along said right -of -way line, a distance of 262.90 feet; Thence N33 019131 11E, a distance of 182.30 feet; Thence along a curve to the right which has a length of 229.711, a radius of 319.83 feet, and an interior angle of 41009100"; Thence N74 028131 11E, a distance of 145.90 feet to a point on the south right -of -way of the Denver and Rio Grande Railroad; Thence S15 023159 11E, a distance of 727.90 feet; Thence S18020'59 "E, a distance of 206.88 feet to a point on the East line of Section 5; Thence S01 ° 25'31 "W, a distance of 629.79 feet to the true point of beginning. -A- INCLUSIONS EDWARDS VILLAGE LEGAL DESCRIPTION A parcel of =land located in Section 5, Township 5 South, Range 82 West of the 6th Principal Meridian, Eagle County, Colorado according to the Dependent Resurvey of said Township and Range as approved by the U.S. Surveyor General in Denver, Colorado on September 7, 1977. Said parcel being more particularly described as follows, to wit: Beginning at the Southeast Corner of the Northwest One - Quarter of the Southeast one - Quarter of said Section 5 from which the Northwest Corner of said Section 5 bears N44 °06'19 "W, 5595.09 feet distant, the basis of bearing being the West Line of Section 5, which is NO1 050100 "E; thence along the Southerly Line of the Northwest one - Quarter of the Southeast one - Quarter of said Section 5 S89 °36148 "W, 1345.09 feet to the West One - Sixteenth Corner on the West Line of the Southeast One - Quarter of said Section 5; thence along the South Line of the Northeast One - Quarter of the Southwest One - Quarter of said Section 5 N88 041152 "W, 2294.24 feet to a point on the Easterly Right -of -Way Boundary of Eagle County Road 5 -25; thence along the Easterly Right -of -Way Boundary of said Eagle County Road 5 -25, also known as Lake Creek Road, the following eight (8) courses and distances: 1) N15 °01'34 "E, 414.74 feet 2) N74 °58'23 "W, 25,00 feet 3) N15 °01'37 "E, 122.79 feet 4) 246.79 feet along the arc of a curve to the left having a radius of 888.07 feet, the chord of which bears N07 003157 11E, 246.00 feet 5) N00 °53'43 "W, 359.68 feet 6) N89 °06'17 "E, 20.00 feet 7) N00 °53'43 "W, 321.63 feet 8) 94.48 feet along the arc of a curve to the right having a radius of 479.77 feet, the chord of which bears N04 044146 "E, 94.33 feet; thence departing said Easterly Right -of -Way Boundary• and going along the Southerly Boundary of a parcel owned by the Eagle County School District RE50J, as occupied, S74 °06'46 "E, 365.20 feet; thence along the Easterly Boundary of said parcel N19 059146 "E, 247.80 feet to a point on the Southerly Right -of -Way Boundary of said U.S. Highway No. 6; thence along said Southerly Right -of -Way boundary the following three (3) courses and distances: -10- 1) S76 033 "23 "E, 166.60 feet 2) S13 026138 11W, 9.99 feet 3) S76 036106 11E, 152.18 feet thence departing said Right -of -Way Boundary and going along a private parcel known as the Hammar Parcel, as occupied and subject to further resolutions, the following four (4) courses and distances: 1) S01 037130 11W, 188.82 feet 2) S55 032127 11E, 32.50 feet' 3) S88 008138 11E, 909.47 feet 4) N46 058156 11E, 17.47 feet to a point on the Southerly Right -of -Way Boundary of said U.S. Highway No. 6; thence along said Southerly Right -of -Way Boundary S76 ° 36'06 "E, 587.80 feet; thence 1418.75 feet along the are of a curve to the right having a radius of 2814.85 feet, the chord of which bears S62 °08126 11E, 1403.78 feet, to the point of intersection of the said Southerly Right -of -Way Boundary of U.S. Highway No. 6 and the East Line of the said Northwest One - Quarter of the Southeast One - Quarter of said Section 5; thence along said East Line S02 011133 "W, 621.14 feet to the point of beginning and containing 105.427 acres, more or less; -11- BRETT RANCH LEGAL DESCRIPTION A parcel of land situated in the Northeast One - Quarter of Section 6, Township 5 South, Range 82 West of the Sixth Principal Meridian, County of Eagle, State of Colorado according to the Dependent Resurvey of said Township and Range - approved September 7, 1977. Said parcel comprises all of the land in said Northeast One - Quarter of Section 6 lying Northerly of U.S. Highway No. 6 Right - of -Way Line and all of the land in the Southeast One - Quarter of the Northeast One - Quarter of said Section 6 lying Southerly of U.S. Highway No. 6 Right -of -Way Line; said parcel being more particularly described as follows, to wit: Beginning at the Northeast Corner of said Section 6, a brass cap monument found in place; thence along the East Line of said Section 6 S01 °50100 "W, 2641.51 feet to the East One - Quarter Corner of said Section 6, an iron pipe and aluminum cap; thence along the South Line of the Northeast One - Quarter of said Section 6, N89 009132 11W, 1336.81 feet to the Southwest Corner of the Southeast One - Quarter of the Northeast One - Quarter of said Section 6; thence along the West Line of the Southeast One - Quarter of the Northeast One - Quarter of said Section 6, N01 °38135 "E, 1071.30 feet to a point on the Northerly Right -of -Way Line of U.S. Highway No. 6; thence alfong said Northerly Right -of -Way Line the following courses and distances: N75 002155 "W, 3.09 feet N68 °25135 11W, 1424.23 feet to a point on the West Line of the Northwest One - Quarter of the Northeast One - Quarter of said Section 6; thence along the West Line of the Northwest One - Quarter of the Northeast One - Quarter of said Section 6, N01 °27107 "E, 50.00 feet distant; thence along the North Line of said Section 6, S89 ° 19'43 "E, 1951.54 feet to a point on the Southerly Right -of -Way Boundary Line of the Denver and Rio Grande Western Railroad; thence along said Right -of -Way Boundary Line S73 °41154 "E, 13.43 feet; thence 343.72 feet on a curve to the left with a radius of 766.78 feet the chord of which bears S86 032120 11E, 340.85 feet; thence continuing along said Boundary Line 109.88 feet on a curve to the left having a radius of 5779.65 feet, the chord of which bears N80 °04129 "E, 109.88 feet to a point on the North Line of the Northeast One - Quarter of the Northeast One- Quarter of said Section 6; thence along the North Line of the Northeast One - Quarter of the Northeast One - Quarter of said Section 6, S89 ° 19'43 "E, 278.38 feet to the Northeast Corner of said Section 6, the point of beginning. Said parcel of land contains 121.4930 acres, more or less. -12- EXCEPTING THEREFROM a Right -of -Way for U.S. Highway No. 6 located in the Southeast One - Quarter of the Northeast One - Quarter of said Section 6; said Right -of -Way being more particularly described as follows, to wit: Beginning at a point on the East Line of said Section 6 and the Southerly Right -of -Way Boundary Line of said U.S. Highway No. 6 from which the East One - Quarter Corner of said Section 6 bears S01 °50100 11W, 491.05 feet distant; thence along said Boundary Line 145.20 feet along a curve to the right having a radius of 1947.24 feet, the chord of which bears N71 °28'35 "W, 145.16 feet; thence N69 °20'25 "W, 1268.64 feet to a point on the West Line of the Southeast One - Quarter of the Northeast One - Quarter of said Section 6; thence along said West Line N01 °38'35 "E, 106.00 feet to a point on the Northerly Right -of -Way Boundary Line of U.S. Highway No. 6; thence along said Boundary Line S75 002155 "E, - 88.79 feet; thence 795.32 feet along a curve to the left having a radius of 11,383.87 feet, the chord of which bears S70 °52'15 "E, 795.16 feet; thence S77 °39'38 "E, 296.25 feet; thence 208.91 feet along a curve to the left having a radius of 11,363.87 feet, the chord of which bears S74 °44'59 "E, 208.91 feet to a point on the East Line of the Southeast One - Quarter of the Northeast One- Quarter of said Section 6; thence along said East Line S01 °50'00 "W, 194.62 feet to the point of beginning. Said Highway Right -of -Way contains 4.3045 acres, more or less. Total Acreage 121.4930 U.S. Highway No. 6 R.O.W. Acreage - 4.3045 Net Acreage 117.1885 NOTE: These inclusion legal descriptions were compiled from plans of record (Edwards Village Final Plat and the Brett Ranch Final Plat prepared by Johnson - Kunkel and Associates) and does not represent an actual field survey. y. , i curt_, �/ �• G�' all Ja -13- STATE OF COLORADO ) ss. COUNTY OF EAGLE ) I, Johnette Phillips, County Clerk and Recorder of the County of Eagle, State of Colorado, do hereby certify that the foregoing pages numbered 1 to 13 , inclusive, consti- tute a true and correct copy of the record of proceedings of the Board of County Commissioners of said County, taken at a regular meeting thereof held on Thursday , the 28th day of July , 1983, at the Commissioners' Hearing Room, in Eagle, Colorado, insofar as said proceedings relate to a Resolution, a copy of which is therein set forth; that said copy is a full, true and correct copy of the original of said Resolution as adopted by the Board of County Commis- sioners at said meeting; that the original Resolution has been duly signed and approved by the presiding officer of the Board of County Commissioners and myself, as County Clerk and Recorder, sealed with the seal of the County and recorded in the Book of Resolutions of the County kept for that purpose in my office. I further certify that the Chairman and 1 members of the Board of County Commissioners were present at said meeting and that 2 members of the Board voted in favor of the adoption of the Resolution as set forth in the min- utes of the meeting. r k IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the County of Eagle , Colorado, thisday of 1983. (COUNTY SEAL) unty Clerk and corder Eagle County, Colorado