HomeMy WebLinkAboutR98-154 Homestead Open Space PUD • • 0:1----
i
A' I Commissioner at_720.") moved adoption
of the following Resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 98 -J5
APPROVAL OF AMENDED AND RESTATED PLANNED UNIT
DEVELOPMENT GUIDELINES OF HOMESTEAD OPEN SPACE
WHEREAS, the Board of County Commissioners of Eagle, State of
Colorado ( "Board "), is authorized pursuant to C.R.S. §24 -67 -106, to
enforce and modify provisions of a planned unit development; and
WHEREAS, the Board has determined this amendment serves to
correct a technical error and is not a substantial modification of
the provisions of the Homestead Planned Unit Development; and
WHEREAS, the Board finds that the modification, of the
provisions of the plan is consistent with the efficient development
and preservation of the entire planned unit development, and does
not affect in a substantially adverse manner either the enjoyment
of land abutting upon or across a street from the planned unit
development or the public interest, and is not granted solely to
confer a special benefit upon any person; and
WHEREAS, On May 11, 1981, the Board approved the preliminary
plan ( "Preliminary Plan ") of the Homestead (hereinafter "Homestead
PUD "); and
WHEREAS, the balance of the open space provided for by the
Preliminary Plan is within or contiguous with Filing 2; and
WHEREAS, the Preliminary Plan for Homestead PUD and the
amendments thereto were approved based upon such open space; and
WHEREAS, a PUD Control Guide for the open space is required to
conform such space to its zoning pursuant to the Homestead PUD
Preliminary Plan approval; and I
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WHEREAS, the Planned Unit Development Guidelines of Homestead
Open Space and the Homestead Open Space Map were recorded on April
30, 1996, in Book 693 at Page 463; and
WHEREAS, the attached Amended and Restated Planned Unit
Development Guidelines of Homestead Open Space is the accurate and
correct legal description that coincides with the recorded map; and
NOW, THEN, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF EAGLE, STATE OF COLORADO:
THAT, the Eagle County Board of County Commissioners hereby
approves this amended and restated Planned Unit Development
guidelines of Homestead Open Space.
THAT, this document shall be recorded in the Records of the
Eagle County Clerk and Recorder.
THAT, this resolution is necessary for the health, safety and
welfare of the citizens of Eagle County.
MOVED, READ AND ADOPTED by the Board of County Commissioners
of the County of Eagle, State of Colorado, at its regular meeting
held the /L J day of 6 Q , 1998.
o„ sAC.I
s �7 COUNTY OF EAGLE, STATE OF
* COLORADO, By and Through Its
ATTEST: co � o � g � o 0 BOARD OF COUNTY COMMISSIONERS
/ --
Clerk to f he Board of .ames E. ..hnson Jr., Chairman
County Commissioners
George .Gates, Commissioner
4 / _ �
/ - ,
_ . / Johnnette Phillips, Co issioner
2
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Commissioner jdi seconded adoption of the
foregoing resolution. The t roll having been called, the vote was as
follows:
Commissioner James E. Johnson, Jr.
Commissioner George A. Gates
Commissioner Johnnette Phillips
This Resolution passed by 3--C) vote of the Board of
County Commissioners of the County of Eagle, State of Colorado.
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* << • •
AMENDED & RESTATED
PLANNED UNIT DEVELOPMENT GUIDELINES
OF
HOMESTEAD OPEN SPACE
RECITAL
The Homestead Owners Association, Inc., a Colorado non -profit corporation, and the
County of Eagle, State of Colorado, executed and caused to be recorded on April 30, 1996 in Book
693 at Page 463 the Planned Unit Development Guidelines of Homestead Open Space whereas
certain restrictions and limitations were imposed upon real property more particularly described
therein.
The Homestead Owners Association and Eagle County are desirous to subject all the open
space shown on the Homestead Open Space Map to the restrictions of the Planned Unit
Development Guidelines of Homestead Open Space.
PURPOSE
The purpose of this Guide is to clarify approximately 401 acres of deeded ground for
Homestead Open Space described situate, lying and being in the County of Eagle and State of
Colorado, to wit:
SECTION 8: E1 /2 SE1 /4, plus a parcel in SE1 /4, NE1 /4
SECTION 9: SE1 /4 NW1 /4, SW1 /4 NE1 /4, NW1 /4 SW1 /4, N1 /2 SE1 /4, SE1 /4 SE1 /4,
plus a parcel in SW1 /4, NW1 /4
SECTION 10: NW1 /4 SW1 /4
All of Township 5 South, Range 82 West of the 6th P.M., County of Eagle, State of
Colorado,
Except a parcel located in Section 9, Township 5 South, Range 82 West of the Sixth
Principal Meridian, Eagle County, Colorado according to the Dependent Resurvey and
Survey of said Township and Range as approved on September 7, 1977; said parcel being
more particularly described as follows:
Beginning at the Northeast Sixteenth Corner of said Section 9; thence along the Fast line of
the Southwest Quarter of the Northeast Quarter (SW1 /4,NE1 /4) of said Section 9,
S.00o52'13"W. 365.00 feet; thence S.89o19'04 "W. 365.00 feet; thence N.00o52'13"E.
365.00 feet to a point on the North Line of said SW1 /4,NE1 /4; thence along said North
Line, N.89o19'04 "E. 365.00 feet to the point of beginning.
As shown on The Homestead Open Space Map recorded April 30, 1996 in Book 693 at
Page 463.
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ARTICLE I
DEFINITIONS
Section 1. "Open Space" shall mean and refer to all real property described above.
ARTICLE II
RESTRICTIONS
Section 1. Use of Open Space.
The Open Space will remain in an undisturbed natural state, except as vegetation
disturbance is necessary for use by utilities or other public agencies to provide services. Vehicular
uses are prohibited in the Open Space with an exception for the reservation of an easement reserved
to serve the Allen 80 acre parcel (Legal Description). Recreation Facilities for the benefit of the
Homestead Owners Association may be constructed. Any recreational structures would require a
Special Use Permit from Eagle County. No use shall be made of the Open Space which in any
manner violates the statutes, rules or regulations of any governmental authority having jurisdiction
over the Open Space.
The purpose of the above open space is to preserve the land in its predominantly natural
undisturbed condition, to provide a natural buffer between developed portions of the Homestead
P.U.D. and surrounding wildlife habitat, and to provide open space for use by Homestead Owners
Association residents. Permitted uses are as follows:
1. recreation trails
2. equestrian trails
3. picnic tables and related facilities, and
4. utilities, provided they are located within designated easements.
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.•..,
•
Submitted by THE HOMESTEAD
ATTEST: OWNERS ASSOCIATION, INC.
a Colorado corporation
By:
Secretary President
STATE OF COLORADO )
)ss:
COUNTY OF EAGLE )
The foregoing instrument was acknowledged before me this Li day of krc�crc,-C-' ,
1998, by The Homestead Owners Association, Inc. cJ
WITNESS my hand and official seal.
My commission expires: c) 1
Public o`
APPROVED thisNy of 424/2.anf 1998.
COUNTY OF EAGLE, STATE OF
- O
sA4L4. O P- ��
s.
* , * . es Johnson, Chairm.
A � r T: cac aPA�,e
/. d
Clerk of the : • and of
County Commissioners A eorge . , Commissioner
:16411110 .0`
Johnette Phillips, Commissioner
WORD \FILING- 2\LEGAL
PUD- OPEN.DOC
5/20/96
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