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HomeMy WebLinkAboutR13-008 Exclusion of Rothkopf GP Propery Appeal of Denial Commissioner 44 moved adoption of the folio ing Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2013- O0 SETTING A HEARING UPON APPEAL OF DENIAL OF PETITION FOR EXCLUSION OF ROTHKOPF GP PROPERTY FROM CORDILLERA METROPOLITAN DISTRICT WHEREAS, the Eagle County Board of County Commissioners received an appeal filed by Rothkopf GP ( "Appellant ") contesting the denial by the Cordillera Metropolitan District (the "District ") of a Petition for Exclusion of certain real property owned by Appellant and legally described as Tract A, Cordillera Subdivision, Filing No. 33, County of Eagle, State of Colorado (the "Property "); and WHEREAS, Colorado Revised Statutes § 32- 1- 501(5)(b) provides that any denial of such a Petition for Exclusion may be appealed to the Board of County Commissioners of the County in which the special district's petition for organization was filed for review by the Board of County Commissioners of the special district board decision; and WHEREAS, the Board of County Commissioners hereby finds that the Appeal was timely and properly filed, and has duly considered its statutory obligations, and does hereby conclude that the Appeal shall be heard. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of the County of Eagle State of Colorado as follows: 1. A hearing is hereby scheduled on Tuesday, February 26, 2013, at 10:00 a.m. in the County Commissioner's Hearing Room, located in the Eagle County Building, 500 Broadway, Eagle, Colorado. 2. Pursuant to § 32- 1- 501(5)(b), C.R.S., the hearing will be on the record and no new facts or evidence will be presented or introduced. At the hearing, the Appellant will be entitled to a 15 minute oral argument consisting of a presentation of the appeal; the District will be entitled to a 15 minute response; and the Appellant will be entitled to a 5 minute rebuttal. 3. The Board of Directors of the Cordillera Metropolitan District is hereby directed to certify to the Board of County Commissioners the complete record of the proceedings on said Petition for Exclusion; said record to be received by this Board on or before the 28 day of January, 2013. 4. Applicant, Rothkopf GP, shall bear the reasonable costs of preparing the record, which cost is not expected to exceed $250.00. 5. At the hearing referenced herein, the Board of County Commissioners shall consider the record and any questions thereby posed by the Commissioners for clarification purposes in applying the statutory criteria contained in § 32- 1- 501(3), C.R.S., and deciding whether to grant or deny the Petition for Exclusion. MOVED AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the Vday of �,o ,X013. r a COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its !;; , BOARD OF COUNTY COMMISSIONERS ATTES .: 'u /�O • lerk to the Board of J 1 vney Y Count Commissioners Ch. .- an Sara J. Fisher - Commissioner / �. O �` Jil / H. Ryan mmissioner Commissioner X / seconded adoption of the foregoing resolution. The roll having been called, the vote was follows: Commissioner Stavney 'e Commissioner Fisher j�h Commissioner Ryan This resolution passed by i72____ vote of the Board of County Commissioners.