HomeMy WebLinkAboutR99-063 terminating airport declaration of protective covenantsCommissioner moved adoption of the ollowing Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE STATE OF COLORADO RESOLUTION NO. 99 - RESOLUTION TERMINATING THE EAGLE COUNTY AIRPORT DECLARATION OF PROTECTIVE COVENANTS WHEREAS, County of Eagle, State of Colorado ( "County ") is the owner of real property know as the Eagle County Airport ( "Air- port"); and WHEREAS, the Airport is, subject to the land use restrictions of its planned unit development zoning, applicable both to the parts of the Airport within the Town of Gypsum and the parts within unincorporated Eagle County; and WHEREAS, County adopted restrictive covenants applicable to the Airport, as set forth in the Declaration of Protective Covenants dated April 13, 1981 ( "Protective Covenants ") which were recorded in the official records of the Eagle County Clerk & Recorder on April 13, 1981 at Book 321, Page 599; and WHEREAS, the planned unit development zoning and associated land use guidelines were adopted after the adoption of the Protective Covenants; and WHEREAS, it is the County's position that the Protective Covenants are contradictory to the Eagle County Planned Unit Development; and WHEREAS, the Board desires to terminate the Protective Covenants; and WHEREAS, pursuant to Article XI (b) of the Protective Covenants the Protective Covenants may be terminated by an instrument in writing executed and acknowledged by the owner. r NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, the Protective Covenants are hereby terminated. THAT, this document shall be recorded in the Records of the Eagle County Clerk and Recorder. THAT, the Board hereby finds, determines and declares that this Resolution is necessary for the public health, safety and welfare of the residents of the County of Eagle, State of Colorado. MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, St to of Colorado, at its regular meeting held the A day o£ , 1999. C WI' D ATTEST: J A LIZ Clerk to t1fe Board of County Commissioners COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS By : �V vti Johnnette Phillips Chairman Tom C. Stone Commissioner Commissioner A, seconded adoption of the foregoing resolution. Th rod ll having been called, the vote was as follows: Commissioner Johnnette Phillips Commissioner Tom C. Stone Commissioner James E. Johnson, Jr. r2 This Resolution passed by a - Q vote of the Board of County Commissioners of the County of Eagle, State of Colorado. G: \KAW \R \COV.TRM