HomeMy WebLinkAboutR83-067 - 1041 Mid Valley MetroEAGLE COUNTY PERMIT AUTHORITY
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 83- �m i
PERMIT ISSUED TO CONDUCT
A DESIGNATED AREA OF STATE INTEREST
IN
THE COUNTY OF EAGLE, STATE OF COLORADO
Pursuant to the Guidelines and Regulations for Areas
and Activities of State Interest of the County of Eagle, State
of Colorado, 1980, as amended, heretofore adopted by the Board
of County Commissioners of the County of Eagle, Colorado, the
Eagle County Permit Authority received an application from the
Mid Valley Metropolitan District, State of Colorado, hereinafter
referred to as the "Applicant ", for a permit involving the
following activity of State interest:
Site selection and construction of a major
new domestic water and sewage treatment
system,
and the Eagle County Permit Authority hereby approves said
application.
This permit authorizes the Applicant:
1. To construct and develop the proposed major new
domestic water and sewage treatment system as described in the
Applicant's application submitted to the Eagle County Permit
Authority on July 28, 1983.
2. On real property generally located on the valley
floor north of the Roaring Fork River from the Garfield County
line to the Emma Curve on State Highway No. 82 in the El Jebel,
Colorado area, and more particularly described as follows:
Description of the Perimeter of the Mid - Valley Metropolitan
District followed by the notable exceptions within the district
Boundary.l
A tract of land situated in sections 33 and 34, T.7S.,
R.87W. and sections 2, 3, 4, and 11 in T.8S., R.87W., 6th.P.M.
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and more fully descri a as o o
Beginning at a point along the Northerly right -of -way line
of Colorado Highway 82, S. 72 °10'33 "E., 730 feet more or less
from the intersection of the Garfield /Eagle County line and the
said Northerly right -of -way line of Colorado State Highway 82;
thence N. 00 °00'01 "E., 3,184.29 feet; thence N. 89 °42143 "E.,
448.71 feet; thence S. 00 °38'47 "W., 662.75 feet; thence N.
89 039'06 "E., 1,373.74 feet; thence N. 00 °3645 "E., 1,322.61 feet;
thence S. 88 °30'30 "E., 1,317.87 feet; thence S. 00 °26'34 "W.,
1,321.88 feet; thence S. 00 034'35 "W., 428.63 feet; thence S.
89 053'43 "E., 240.06 feet; thence S. 01 °18'47 "E., 2,606.72 feet;
thence N. 89 °56'52 "W., 731.79 feet; thence S. 02 °51'00 "GT., 326.29
feet to the Northerly right -of -way line of Colorado State highway
82; thence along the Northerly right -of -way line of said Highway
82, S. 72 °16'12 "E., 2,135.25 feet; thence Southeasterly on a
curve to the right having a radius of 2,905 feet through a cen-
tral angle of 5 °55'00" an arc distance of 299.99 feet to a point
of tangency; thence S. 66 °21'12 "E., 15.30 feet; thence Southeast-
erly on a curve to the right having a radius of 2,905 feet and
having a chord distance of 54.08 feet bearing S. 67 °07'03 "E., and
an arc distance of 54.08 feet to a point of tangency; thence S.
66 035'00 "E., 156.80 feet; thence Southeasterly on a curve to the
right having a radius of 5,770 feet and having a chord distance'
of 375.79 feet bearing S. 65 °43'02 "E., and an arc distance of
375.86 feet to a point of tangency; thence departing the Norther-
ly right -of -way line of said Highway 82 N. 89 °47'00 "E., 151.53
feet; thence N. 89 °37'13 "E., 207.71 feet to Angle Point 111, Tract
43, and also being a point on the Westerly right -of -way line of
Eagle County Road S -13; thence Southerly along the Westerly
right -of -way line of said County Road S -13, 235 feet more or less
to a point on the Northerly right -of -way line of Colorado State
Highway 82; thence Southeasterly along the Northerly right -of -way
line of said Highway 82, 130 feet more or less; thence S.
53 °03'00 "E., 265.10 feet; thence departing the Northerly right -
of -way line of said Highway 82, No. 02 °27'00 "W., 150.50 feet;
thence S. 86 °07'00 "E., 337.40 feet; thence N. 07 °00'00 "W., 307.20
feet; thence S. 86 °07'00 "E., 595.92 feet; thence North, 331.50
feet to Angle Point 112, Tract 38; thence East, 2,577.30 feet as
per the Office of U.S. Supervisor of Surveys Supplemental Plat,
Sheet U2, dated August 25, 1927, of Independent Resurvey of
T.3S., R. 87W., of the 6th Principal Meridian, Colorado to Angle
Point #1, Tract 38 (Plat calls 40.00 chains [2,640.00 feet] with
0.95 chains [62.70 feet] shortage; (2,640.00 feet -62.70 feet
2,577.30 feet); thence South, 2,550.49 feet; thence West, 236.80
feet; thence S. 05 050'00 "E., 52.54
51.41 feet; thence S. 22 °49100 "W.,
00 003'00 "E., 205.14 feet; thence S.
thence S. 17 018'00 "W., 79.16 feet;
feet; thence S. 82 018'00 "W., 162.69
135.36 feet; thence S. 05 °37'00 "E.,
24 007'00 "W., 96.33 feet; thence S.
thence S. 35 °06'00 "W., 104.48 feet;
feet; thence S. 06 °44'00 "E., 134.00
197.61 feet; thence S. 13 °56'00 "E.,
33 000'00 "E., 173.01 feet; thence S.
thence S. 06 °07'00 "W., 93.94 feet;
feet; thence S. 89 °50'00 "E., 616.35
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feet; thence S. 02 °30'00 "W.,
108.46 feet; thence S.
11 007'00 "E., 90.55 feet;
thence S. 28 °15'00 "W., 90.82
feet; thence S. 60 °09'00 "W.,
36.85 feet; thence S.
33 018'00 "W., 80.60 feet;
thence S. 09 °43'00 "W., 41.48
feet; thence S. 36 °00100 11W.,
798.06 feet; thence S.
15 008'00 "E., 527.30 feet;
thence S. 18 °29'00 "E., 59.23
feet being Angle Point 114 of
Tract 48, and Angle Point #1 of Tract 52 as per aforementioned
Supplemental Plat; thence S. 00 °43'00 "E., 1,276.44 feet; thence
S. 89 °50'00 "E., 2,513.79 feet along the Northerly line of Tract
51 to Angle Point #1, Tract 51; thence South, 2,950.86 feet along
the Easterly line of said Tract 51 and the Easterly line of Tract
59 to Angle Point #6, Tract 59 as per the aforementioned Sup-
plemental Plat; thence West, 579.20 feet along the Southerly line
of Tract 59 to a point in the center of the Roaring Fork River,
thence Northwesterly along the center of the Roaring Fork River,
to a point intersecting the center line of the Roaring Fork River
and the most Southwesterly corner of Lot 6 of the Arlian Ranch
Subdivision; thence N. 01 °33'00 "E., 425.04 feet; thence North
more or less, 1,170 feet more or less along the Westerly lines of
Lots 6, 4, and 3 of the Arlian Ranch Subdivision, to a point
intersecting the Northerly right -of -way line of Colorado State
Highway 82; thence N. 72 °10'33 "W., 820 feet more or less, to the
point and place of beginning.
The following are the properties desiring exclusion from the
Mid- Valley Metropolitan District at this time. Included are the
name, deed book and page, and acreage where such information has
been determined, or has been available.
Sector Number 1:
a)
John W. &
Coral M. Dillon; Book
287, Page 958;
b)
Della J.
Arlian; Book 217, Pages
446 -449;
c)
Leon 0. &
Charlotte C. Nelson; Book
217, Page 613;
d)
John C. &
Shirley W. Dills, Book
252, Page 162;
e)
Robert N.
Schetter, Book 250, Page
675;
f)
Maultbetch
& Stroller, Book 258,
Page 146;
Sector Number 2:
i
a) Steve & Joe Shelton; Book 246, Page 424;
Sector Number 3:
a) Tom J. Wilson & Donald D. Veitch, Book 316, Page 187;
Sector Number 4:
a) Linda Nelson, Book 165, Page 275;
Sector Number 5:
\,a) Morning Star Truck Corp.; Book 243, Page 766;
Jb) Glen M. & Paula M. Shook; Book 239, Page 657;
c) Frank H. & Pearl H. Crowley; Book 188, Page 551; 2.00
acres more or less;
-d) Clarence A. & Valborg Spraque; Book 166, Page 199; 0.68
acres more or less;
Je) Jeremy & Angela Foster; Book 327, Page 838;
f) Basalt State Highway Mobile Home Park; Book 222, Page 981;
Sector Number 6:
a) U.S. Tree Farm; Book 165, Page 547;
Sector Number 7:
a) Sopris Village Subdivision; Book 242, Page 758;
Sector Number 8:
a) Peter J. & Sarah E. Glassier; Book 443, Page 164; 17.1
acres more or less;
b) Jonnie I. Dunning; Book 291, Page 803;
Sector Number 9:
a) Lila L. Ford; Book 224, Page 357; 2.00 acres more or
less;
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Sector Number 10:
a) Varnqua G. Bone; Book 220, Page 315; 1.00 acres
more or less;
b) A. Doyle & Sandra Allmon; Book 220, Page 316; 1.00 acres
more or less;
c) McCune Subdivision; Book 268, Page 298; 2.03 acres
more or less;
Sector Number il:
a) Jacobi Subdivision: Book 199, Page 271, Book 211. Page
948, Book 307, Page 988; 3.42 acres more or less.
The description of the Mid Valley Metropolitan District was
obtained by first describing the outside boundary of the District
and then noting exceptions of individual properties that will be
excluded from the district. Bearings and distances were obtained
from Eagle County Tax Assessors Maps. In cases where not enough
information was available from tax maps, individual property
deeds were researched. The exceptions were noted by calling out
the individual vroperty owners name and the Book 6 Page number of
3. For an indefinite period of time; subject however,
upon an annual review by the Eagle County Permit Authority
pursuant to Section 1 -310 of the Guidelines and Regulations for
Areas and Activities of State Interest of the County of Eagle,
State of Colorado, 1980, as amended.
4. In accordance with the plans and /or specifications
submitted by the Applicant as part of the subject application
and considered by the Eagle County Permit Authority on September
14, 1983; the testimony and other evidence presented on behalf
of the Applicant at the public hearing held September 14, 1983,
to include the location of the wastewater treatment plant on
real property commonly referred to as the "Arnold site "; and the
Guidelines and Regulations for Areas and Activities of State
Interest of the County of Eagle, State of Colorado, 1980, as
amended, adopted by Eagle County for site selection and
construction of a major new domestic water and sewage treatment
system.
5. On the condition that the Applicant proceeds in
conformity with all applicable Federal and State Statutes and
Regulations as well as all applicable local land use controls
including, but not limited to, master plans, subdivision and
zoning regulations, building codes, and regulations pertaining
to construction work within a public right -of -way. In addition
to the foregoing, the Applicant shall comply with the following
conditions:
a. In accordance and consistent with the approval of
the Board of County Commissioners of the County of Eagle,
State of Colorado, of the service plan for the establishment
of the Mid Valley Metropolitan District, as more
particularly set forth in Resolution No. 82 -104, the
Applicant shall for purposes of this Resolution and the
permit issued hereunder comply with the statements and
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representations contained in that certain letter dated October
12, 1982, from Russ Caldwell, Kirchner Moore & Company, attached
as Exhibit A to Resolution No. 82 -104 and by this reference
incorporated herein as if fully set forth at length. Further,
the Applicant shall submit to the Eagle County Permit Authority
satisfactory written evidence updating in detail the Applicant's
revised cost and revenue projections, and the method of
financing, including developers' guarantees, finally approved
for the marketing and sale of the proposed bond issue. Such
written evidence shall be submitted and considered by the Eagle
County Permit Authority prior to the marketing and /or sale of
the proposed bond issue.
b. The Applicant shall obtain any and all required
road cut and road construction permits from the County of
Eagle and /or the State of Colorado prior to the commencement
of construction work in the public road rights -of -way. In
order to protect the structural soundness of such public
road rights -of -way, the Applicant shall during the
construction of its wastewater interceptors and potable
water transmission lines, provide, at a minimum, one
stub -out per individual property located adjacent to a
public road right -of -way. With respect to those public road
rights -of -way under the jurisdiction of the County of Eagle,
the Eagle County Engineer may grant specific variances from
the foregoing requirement upon a finding that the structural
soundness of the subject public road right -of -way will not
be directly affected by the placement of a stub -out
subsequent to the completion of the Applicant's construction
activities.
c. Any increase in the scope of work as outlined in
the Applicant's application to include, by way of example
only, any increase in the capitalized cost required to
construct the proposed major new domestic water and sewage
treatment system, shall constitute and be deemed a material
modification of and an amendment to the permit granted
hereunder, and as such, shall require prior written approval
by the Eagle County Permit Authority.
d. The Applicant shall submit to the Eagle County
Permit Authority two (2) copies of the detailed engineering
plans and /or specifications of the proposed major new
domestic water and sewage treatment system prior to the
commencement of construction thereof and /or issuance of a
building permit therefor.
6. This permit is valid for use only by the Applicant
and may not be transferred. In the event that the Applicant
fails to take substantial steps to initiate the above
development of activity within twelve (12) months from the date
of this permit, or, if such steps are taken, in the event the
Applicant fails to complete the development or activity with
reasonable diligence, this permit may be revoked by the Eagle
County Permit Authority.
DATED this day of September, 1983.
ATTEST:
EAGLE COUNTY PERMIT AUTHORITY
COUNTY OF EAGLE, STATE OF COLORADO
By. ,'GL f, By: Ato5 -G✓
Clerk of t e, oard David E. Mott, Chairman
County Commissioners
W. Keith Troxel, Comfnissioner
Dan Williams, Commissioner
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