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HomeMy WebLinkAboutR83-076 - 1041 for TOE's domestic water and sewage systemsND FA EAGLE COUNTY PERMIT AUTHORITY COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 83- rl 2 6 8 2 5- i W" PAS 93 3 JQ%-{'r,,:L' ;iii LIPS EAC? s- + r i:t SADER OCT Z8 10 36 AN '83 AMENDMENT TO THE H.B. 1041 PERMIT ISSUED TO THE TOWN OF EAGLE, STATE OF COLORADO, APPROVING MAJOR EXTENSIONS TO THE TOWN'S EXISTING DOMESTIC WATER AND SEWAGE TREATMENT SYSTEM WHEREAS, pursuant to the Guidelines and Regulations for Areas and Activities of State Interest of the County of Eagle, State of Colorado, 1980, as amended, the Eagle County Permit Authority did on June 30, 1982, adopt Resolution No. 82 -38 which approved the application from the Town of Eagle, State of Colorado, ( "Town ") for a permit to conduct the following activity of state interest: major extensions of an existing domestic water and sewage treatment system, on real property generally located on, adjacent to or near the Town's present easements or rights -of -way for its existing service lines, and its existing transmission line from the Town's present water intake on Brush Creek Road five miles to the Town's Water Treatment Plant; said real property being more particularly described in Resolution No. 82 -38 recorded in Book 342 at Page 380 of the property records of the County of Eagle, State of Colorado; and WHEREAS, the intended purposes of the aforementioned permit included the Town's replacement of its raw transmission line, the expansion of its water treatment plant facilities, and the extension of its potable water services to new developments; and WHEREAS, by letter dated August 26, 1983, the Town filed with the Eagle County Permit Authority a request for an amendment to the aforementioned permit to allow the relocation of the Town's water treatment facility upon real property generally located four (4) miles south of the Town's existing water treatment facility, and more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference; and WHEREAS, a public hearing regarding the aforementioned amendment was duly scheduled before the Eagle County Permit Authority on October 12, 1983; and WHEREAS, public notice of the subject public hearing was duly published in the Eagle Valley Enterprise on September 8, 1983, and mailed to adjacent property owners and interested governmental entities; and WHEREAS, the Eagle County Permit Authority, having reviewed and considered the recommendations of the Eagle County Planning Commission and the testimony and evidence presented at the public hearing on the requested permit amendment, hereby finds, determines and declares to approve the said requested amendment to the Town's H.B. 1041 permit. NOW, THEREFORE, BE IT RESOLVED BY THE EAGLE COUNTY PERMIT AUTHORITY: THAT, Resolution No. 82 -38 is hereby amended to authorize the relocation of the Town's water treatment facility upon real property generally located four (4) miles south of the Town's existing water treatment facility, and more particularly described in Exhibit A attached hereto. THAT, the aforesaid amendment shall become effective upon adoption by the Eagle County Permit Authority, and the recording thereof in the property records of the County of Eagle, State of Colorado. THAT, the entirety of Resolution No. 82 -38, as herein amended, is hereby readopted. -2- a THAT, the aforesaid amendment and readoption of Resolution No. 82 -38 shall not constitute nor be construed as a waiver of any violations existing at the time of adoption of this Resolution. THAT, should any section, clause, provision, sentence, or word of this Resolution be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of this Resolution as a whole, or any parts thereof, other than the part so declared to be invalid. For this purpose, this Resolution is declared to be severable. THAT, this Resolution is necessary for the public health, safety and welfare. MOVED, READ AND ADOPTED by the Eagle County Permit Authority at its meeting held the ! EAGL t.P�S'Tw COUN B' ` B By: y: 'er•' o -f the agle Cpr q' Permit Authority day of October, 1983. E COUNTY PERMIT AUTHORITY TY OF EAGLE, STATE OF COLORADO David E. Mott, Chairman W. Keith Troxel, Commissioner Dart Zilliams, Commissioner -3- • EXHIBIT "A" LEGAL. DESCRIPTION 2z acres in Tract 86 212 acres of land located in Tract 86, Eagle County, Colorado (Said Tract 86 being formerly described as the S.E.14 of Sec, 35, Township 5 S., Range 84 W., 6th Principal Meridian according to the Independent Resurvey of said Township and Range approved by the Surveyor General in Denver, Colorado on June 20, 1922). Said 212 acres being more particularly described as follows: From the S.E. corner of said Tract 86 proceed along the E. line of said Tract 86 N. 00 degrees -25' - 06" E., 1,375.83 ft. to the Point of Beginning; thence N. 89 degrees - 19' 50" W., 140.00 ft.; thence N. 00 degrees - 25' -. 06" E., 250.00 ft.; thence N. 89 degrees - 19' - 50" W., 110.00 ft.; thence N. 00 degrees - 25' - 06" E., 295.60 ft.; thence S. 89 degrees - 19' - 50" E., 250.00 ft.; thence S. 00 degrees - 25' - 06" W., 545.60 ft. to the Point of Beginning, containing 2.50 acres more or less.