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HomeMy WebLinkAboutR18-097 Terminating SUP for State Bridge Landing Property i44& LA1.41,L-A Commissioner moved adoption of the following resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE,STATE OF COLORADO RESOLUTION NO.2018- Del 1 RESOLUTION TERMINATING THE SPECIAL USE PERMIT FOR THE STATE BRIDGE LANDING PROPERTY WHEREAS,Eagle County,Colorado is the owner of real property which is located at 13550 State Highway 131, Bond, Eagle County,Colorado and is more fully described in the attached Exhibit A(the "Property");and WHEREAS, from time to time the Property has been referred to as the State Bridge Landing property; and WHEREAS,a prior owner of the Property sought and obtained a special use permit for the operation of a resort and recreation facility and an outfitter and guide operation on the Property(Eagle County File No. ZS-00076)as set forth in Eagle County Resolution No.2001- 090 recorded July 30, 2001 at reception number 763279 which is attached hereto and incorporated herein as Exhibit B("Special Use Permit");and WHEREAS,the Board of County Commissioners of Eagle County,Colorado("Board") plans to convey the Property,on or about December 18,2018,to The Conservation Fund; and The Conservation Fund will then convey the Property to the Bureau of Land Management for continued operation of the existing boat ramps that provide public access to the Colorado River; and WHEREAS, in preparation for the conveyance of the Property to The Conservation Fund and ultimately the Bureau of Land Management, it was determined that the Special Use Permit should be extinguished as to the Property; and WHEREAS,The Conservation Fund,by written request dated December 10,2018, requested that the Board extinguish and terminate the Special Use Permit to the extent it applies to the Property; and WHEREAS, to the extent the legal description set forth in the Special Use Permit applies to land beyond the Property,the same shall remain in full force and effect. NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of the County of Eagle, State of Colorado: THAT,the Special Use Permit(Eagle County File No.ZS-00076)for the operation of a resort recreation facility and an outfitter and guide operation as set forth in Resolution No. 2001-090 and recorded on July 30,2001 in the real property records of Eagle County, Colorado at reception number 763279 is hereby extinguished and terminated as to the Property. THAT,the Special Use Permit shall remain in effect to the extent it may apply to land beyond the Property. THAT,this Resolution may be recorded as part of the closing and transfer of the Property from Eagle County to The Conservation Fund. THAT,the Board of County Commissioners finds,determines and declares that this Resolution is necessary for the public health, safety and welfare of the citizens of the County of Eagle, State of Colorado. MOVED AND ADOPTED by the Board of Count Commissioners of the County of Eagle, State of Colorado,at its regular meeting held the Counter day of Dfi. & . p,t 2018. COUNTY OF EAGLE, STATE OF COLORADO,By and Through Its c� BOARD OF OUNTY COMMISSIONERS V►cteoo ATTEST: 3 ,4 % , - W 0 tL*e. * By: r 'VG 47/' , Al In ORP0 Clerk to the Board of Kathy C dler-Henry County Commissioners Chair WT-11 p"—fivr a) ,OU J e McQueen Commissioner Jillian H. Ryan Commissioner ti Commissioner A ,.JOL(.ii-- seconded adoption of the foregoing resolution. The roll having been called,the vote was as follows: Commissioner Chandler-Henry . Commissioner McQueeney IA-4 Commissioner Ryan v This resolution passed by vote of the Board of County Commissioners of the County of Eagle, State of Colorado. EXHIBIT A Legal Description (2 Pte) A TRACT OF LAND LOCATED IN A PORTION OF THE NEI/4,NEI/4,SECTION 26,TOWNSHIP 2 SOUTH,RANGE 83 WEST OF THE SIXTH PRINCIPAL MERIDIAN,EAGLE COUNTY, COLORADO,ACCORDING TO THE INDEPENDENT RESURVEY OF SAID TOWNSHIP AND RANGE AS APPROVED BY THE U.S.SURVEYOR GENERAL IN DENVER,COLORADO ON APRIL 30,1918,THE RAINBOW PLACER MINERAL CERTIFICATE 554,AND BEING A PART OF A PARCEL OF LAND DESCRIBE])IN BOOK 718 AT PAGE 786 AND 787 FILED OF RECORD IN THE CLERK AND RECORDER'S OFFICE,COUNTY OF EAGLE,STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EAST LINE OF SAID NEI/4,NE1/4,SECTION 26 FROM WHICH THE NORTH EAST CORNER OF SAID SECTION 26,A FOUND GLO BRASS CAP BEARS N 00°00'00"E A DISTANCE OF 675.55 FEET,BEING THE BASIS OF BEARING FOR THIS DESCRIPTION; THENCE S 00°00'00"W ALONG SAID EAST LINE OF THE NE1/4,NE1/4,SECTION 26 A DISTANCE OF 300.55 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY STATE HIGHWAY 131 AS RECORDED BY DEED WITH THE COUNTY CLERK AND RECORDER, APPEARING IN BOOK 215 AT PAGE 23,PARCEL No.2; THENCE ALONG THE NORTHERLY RIGHT-OF-WAY OF STATE HIGHWAY 131 THE FOLLOWING SIX(6)COURSES: 1)N 52°36'11"W A DISTANCE OF 364.68 FEET; 2)N 73°45'11"W A DISTANCE OF 163.00 FEET; 3)N 7692'31"W A DISTANCE OF 61.85 FEET; 4)N 74°21'42"W A DISTANCE OF 240.05 FEET TO A POINT OF CURVATURE; 5) 100.44 FEET ALONG SAID CURVE TURNING TO THE LEFT HAVING A CENTRAL ANGLE OF 5°30'06",A RADIUS OF 1046.00 FEET AND A CHORD WHICH BEARS N 67°2P11"W A DISTANCE OF 100.40 FEET; 6)THENCE N 60°21'41"W A DISTANCE OF 242.20 FEET TO A POINT ON THE SOUTHERLY LINE OF THE UNION PACIFIC RAIL ROAD RIGHT-OF-WAY AS RECORDED IN BOOK 72 AT PAGE 156 AND AGREED ON IN RECEPTION No.940588; THENCE ALONG A LINE AS DESCRIBED IN RECEPTION No.940588 THE FOLLOWING FIVE(5)COURSES: 1)N 40°14'51"E A DISTANCE OF 31.93 FEET; 2)N 61°50'09"E A DISTANCE OF 151.33 FEET; 3)N 27°27'59"E A DISTANCE OF 37.57 FEET; 4)N 22°15'31"E A DISTANCE OF 56.15 FEET; 5)N 44°11'41"E A DISTANCE OF 28.15 FEET TO A POINT ON A"NORTH AND SOUTH LINE 50.00 FEET EAST OF THE EAST END OF THE LOG DWELLING"DESCRIBED IN THE DEED MOOR-DEA CE N 00"00000"B ALONG BOOK NORTH PAGEND SOUTH LINE A DISTANCE OF 95.97 FEET TOA POINT 100.00'SOUTH OF THE CENTER LINE OF THE EXISTING UNION PACIFIC RAIL ROAD TRACKS; THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY'THE FOLLOWING FOUR(4) COURSES: 1) 117.05 FEET ALONG SAID CURVE TURNING TO THE RIGHT HAVING A CENTRAL ANGLE OF 11°23'14",A RADIUS OF 588.93 FEET AND A CHORD WHICH BEARS N 76°21'19"E A DISTANCE OF 116.85 FEET TO A POINT OF A COMPOUND CURVE; 2)371.38 FEET ALONG SAID COMPOUND CURVE TURNING TO THE RIGHT HAVING A CENTRAL ANGLE OF 44°06'51",A RADIUS OF 482.35 FEET AND A CHORD WHICH BEARS S 76°43'01"E A DISTANCE OF 362.27 FEET TO A POINT OF A COMPOUND CURVE; 3)204.87 FEET ALONG SAID COMPOUND CURVE TURNING TO THE RIGHT HAVING A CENTRAL ANGLE OF 16°50'42",A RADIUS OF 696.84 FLEET AND A CHORD WHICH BEARS S 43°38'12"E A DISTANCE OF 204.14 FEET; 4)S 36°34'41"E A DISTANCE OF 371.41 FEET TO A POINT ON THE EAST LINE OF THE NE114, NE 114,SECTION 26 AND THE POINT OF BEGINNING. COUNTY OF EAGLE,STATE OF COLORADO . xJul/tit l: +a S e.c.r'.�.� Use ►' -- {-Dr t*jvt'"h1 E. La ?"'Pe v61 Commissioner .iM4w l) moved adoption of the f owing Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE,STATE OF COLORADO RESOLUTION NO.2001 - } APPROVAL OF SPECIAL USE PERMIT FOR STATE BRIDGE LANDING FILE NO.ZS-00076 WHEREAS,Kristine Woodruff;("Applicant")did file an application with the Eagle County Department of Community Development on or about 4 April 2001 for a Special Use Permit for a Resort Recreational Facility and a Outfitter and Guide Operation in the Resource Zone District,in the unincorporated area of Eagle County described as follows: See Exhibit"A",attached; and WHEREAS,the Applicants propose to operate a Resort Recreation Facility and an Outfitter Guide operation,which includes the following uses:commercial rafting and fishing operations;kayaking and boating operations; storage of related items;parking for recreational vehicles;tent camping;picnicing;portable restrooms;parking for general public and commercial users;incidental retail sales;and related signs;plus single family residential and agricultural uses,as shown on Exhibit"B",attached.Potable water will be limited to that brought in by recreational users of the site.Portable restrooms will be provided for recreational users.No on- site systems for providing potable water or wastewater disposal are currently being proposed. Potable water and wastewater treatment would be required if residential uses occur;and WHEREAS,notice of the Special Use Permit application was given to all proper agencies and departments as required by the Eagle County Land Use Regulations, Section 5- 210.E; and, 11,11011111111111 1'713'21769f07/30/2001 0 01,02P Sara J Fisher Emile, CO 370 R 0.08 0 0.00 • WHEREAS,at its public hearings held 6 June 2001,the Eagle County Planning Commission,based upon its findings,recommended approval of the Special Use Permit,with certain conditions;and WHEREAS,a public hearing was held by the Board of County Commissioners of the County of Eagle, State of Colorado,on 19 June and 26 dune 2001;and WHEREAS,based on the evidence,testimony, exhibits,and study of the Master Plan for the unincorporated areas of Eagle County, comments of the Eagle County Department of Community Development,comments of public officials and agencies,the recommendation of the Eagle County Planning Commission,and comments from all interested parties, the Board of County Commissioners of the County of Eagle, State of Colorado("the Board"), finds as follows: l. That proper publication and public notice was provided as required by law for the hearings before the Planning Commission and the Board. 2. That the proposed Special Use,as conditioned,conforms to the requirements of Section 5-250(B)of the Eagle County Land Use Regulations,as follows: a. The proposed Special Use is appropriate for its proposed location and is consistent with the purposes,goals, objectives and policies of the Master Plan and the FLUM of the Master Plan,including standards for building and structural intensities and densities,and intensities of use. b. The proposed Special Use is appropriate for its proposed location and compatible with the character of surrounding land uses. c. The proposed Special Use does meet the standards of the zone district in which it is located,and with the recommended conditions,does meet the standards applicable to the particular use,as identified in Section 3-310, ggview Standards Applicable to Particular Residential.Agricultural and Resource Usefi and Section 3-330,Review standards Applicable to Pajtjcular Commercial and Industrial Uses. d. The design of the proposed Special Use does minimize adverse impacts, including visual impact of the proposed use on adjacent lands; furthermore,the proposed Special Use does avoid significant adverse impact on surrounding lands regarding trash,traffic, service delivery, parking and loading,odors,noise,glare, and vibration,and shall not create a nuisance. 111, Hi I� N I1 II 1�II `� '� 7 3/ 2001 01:02P Sari J Fisher Eaala, CO 8718 R 0.00 D 0.00 2 e. The proposed Special Use does minimize environmental impacts and does not cause significant deterioration of water and air resources,wildlife habitat,scenic resources,and other natural resources. f. The proposed Special Use is adequately served by public facilities and services,including roads,pedestrian paths,potable water,parks,schools, police and fire protection,and emergency medical services. g. The proposed Special Use does comply with the appropriate standards in Article 4, Site Development Standards. h. The proposed Special Use does comply with all standards imposed on it by all other applicable provisions of these Land Use Regulations for use, layout,and general development characteristics, 3. That for the above-stated and other reasons,the proposed special use is in the best interest of the health,safety,morals,convenience,order,prosperity and welfare of the citizens of Eagle County. NOW,THEREFORE,BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE,STATE OF COLORADO: THAT,the application of Kristine Woodruff,File No.ZS-00076,for a Special Use Permit for a Resort Recreational Facility and a Outfitter and Guide Operation in the Resource Zone District described herein,be approved,subject to the conditions as set forth herein. THAT,the following conditions shall be placed upon this approval and that violation of any condition shall be the basis for revocation of the Special Use Permit: 1. , All written and oral representations made by the Applicants with respect to this Special Use application be a part of the record and conditions of approval. 2. All trash shall be kept in bear proof containers,as defined by the Colorado Division of Wildlife,or its equivalent,and one or more signs shall be posted which informs users of the site of the possibility of people-bear encounters and encourages safe storage of food and other items. 3. The features or uses occurring on this site shall not include any which would cause this site to constitute a Recreational Vehicle Park,as defined in the Eagle County Land Use Regulations. 3 Ill,' H1 I I Oil 1.N 11110 of II 7P9 6i ami:02P Sara .1 Fisher Eagle, CO 370 R 0,00 D 0.00 4. Uses permitted under this Special Use Permit shall not include any agricultural uses. 5. At the discretion of the Director of Community Development,a Water Quality Protection Plan approved by the Director of Community Development,which includes erosion and dust control,minimized site disturbance, driveway materials, Best Management Practices locations and focused access to the river, shall be required to be provided and implemented by the Applicant. 6. Access through the site on Eagle County Road 27(Piney River Road)and to BLM land beyond shall be kept unobstructed at all times. 7. Prior to construction of any permanent structure on this site,it shall be demonstrated to the satisfaction of the Eagle County Chief Building Official that potential site specific geologic hazards have been properly investigated and that measures will be taken to adequately mitigate any identified hazards. THAT,this permit shall be subject to review as provided for by the Eagle County Land Use Regulations. THAT,the Board of County Commissioners directs the Department of Community Development to provide a copy of this Resolution to the Applicant. THAT,the Board hereby finds,determines and declares 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 Coun Commission f the County of Eagle, State of Colorado, at its regular meeting held the ay of 200I nunc pro tune to the 26`x'dayof June,2001. COUNTY OF EAGLE,STATE OF COLO- RADO,By and Through Its BOARD OF oft COUNTY COMMISSIONERS ATTEST: , By: .1# . r co, 00 By; \ r • Sara J.Fish Tom C.'Stone, Chairman Clerk to the Board of County Commissioners 4 763279 ss Il�l1 1� II'U I o 3A/2eei 01:e2P � Bars 3 fiahsr Ea.le, CO 37e R CIO D B.SB . Michael L. Gallagher,Commi oner ga7P Am M. Menconi,Commissioner Commissioner Sy 441/A+1.t... seconded adoption of the foregoing Resolution. The roll having been called,the vote wK,s as follows: Commissioner Tom C. Stone Commissioner Michael L.Gallagher Commissioner Am M.Menconi 4 ... This Resolution passed by ca`0 vote of the Board of County Commissioners of the County of Eagle,State of Colorado. 11111111111111 .111111111 :7;6,433:527491 8l:02P Sara 3 Fisher Eagle, CO 870 R 0.00 0 0,00 P 5 , -,f Exhibit "A" • (. dfskb NOte: 1s a poor cflGY and witt not 7•Cir-411 yip, "i6 not the iaWt t thRg attice. Parcel 1: . A Tract of Le'rd located in a portion of the NE1/4NE1/4, S.ct,icn 26, Township 2 South Range 83 West of the 6th P.M., Eagle County, Colorado. . $eginnis g at a point ori . the East line of the N2l/4NEl/4, Section. 26 from which the NE Corner of said Section 26, :a found GLC Brass Cap MOnumant, bears N 00'.0'0'0D" E.979.92 -feet, said point being• on.the northerly right of way 'of , State Highway NC. 131 as recorded by deed with the County Clerk and Recorder, appearing in .Sock 215 at Page 23, Parcel No. 2; • c. thence N 00'00'00. S 388.84 feet along •said east line to the southerly right of way of a railroad right df way on the northwesterly bank of ,tha Grand (Colorado) river- as conveyed by deed with the County Clerk and Recorder., appearing in Boaz 72 at Page 156; thence along Said scuthe:_y right of way the following 9 (nine) courses: . V 1. N 3-6''34'4C• .W 298.06. feet: V ' 2. 14138.'57,570 W 95.14 -feet; . 3. V;.N V45'23'33n W 96.08 .feet; ' 4. N„53'17'57' :P 57.28 feet 5; N 6E12'136' W. 210.74 .feet; . . 6: S 97'58'78" N'.3.4:0-.50 feet; • 7. •S. 67'21:'17' W 211..40 feet: ► . . _..8. 9V 52."52'45• .W 18.3.86 feet; • . 8..39'54'29' W 178:10 feet to the northerly right ,o_ way of aforesaid State ' . Righway V No. 131 as ,conveyed by deed with the County Clerk and Recorder., V . appearing .in Sock 215 at'Pass 23, Parcel. No. 2 thence along the northerly right- of way .of State Highway NC. 13. the 'following• , ' - seven (7) courses: ' V ' ` V . 1. S 60'•'55'45" E 1.12.10 feat; • . . ' 2— S 60'22'15" Z. 242.20 feet to a point of curvatura: •' 3. along a -614x741 to. .tlie right a distance of 100.44 feat with a radius of. 1046.08 feet an :herd of, said curve bears VS 67'22715" E ..3.'43 feet; 4. S 74'20'00" 339.98 .feat: • . . ' . S. S •76'22'15 E 62.40 'feet; ' 6. 57 •45'l5'. ' 163.0C' feet; ' • 7. 8' 52'3715 1 364.60 feet to the Point of Beginn g • Bearings are base'_ upon a. direct line between found manumets, .comprising the end points betwee: the £1.4 corner and the NE corner, Sac:iia 26, Township 2 South, Range- 83 liner of the 6th P.M., Bearing being N 00':.1'2 E. • 111 '' ' ' 763279 . 4 � 4 i1'i� ; q {I 1 ii I I 1i 0735/21 01:OZP . r Sari J fish.r Eagle. CO 870 R 0.00 0 8.00 1 • • 763273 a 2.0; 01:62p STATE BRIDE Iaale A 0.00 0 'AO ........„---••---......6u• CUhK Into, CO ...i .rf 4D - Q1' //"...- COLORJDO F p� _``� 7, / 10'' __illy . . t „,..s.‘qP;e:4.1 1 itif / ,_ 9 o 4, r` 0 .RTAPOTTII kTRASH DUMPt • 40• OC16:, 3 a4o ,ps ,....„..,.........,.7e,v4....s.,z,. .,,...>‘• . : . : . : . : . 1. . : . : : . : . 0. . : . w. . 0. . 0. . a. , • b 3 .-..--••- (4OF SCALE. 1"1"=8C140"S. t9C2 ( o 1120' • 4E LANDING Exhibit"B" 04 S eau 0: to le it iii) Miggec Otte astemg .IVER • s a RIVER ACCESS \ t \ w:: 111111115114b 4 • • M • -NATIVE VEGETATION rip. Isr--4,s. ▪ •• •. ALTERNA FUTURE - - -. • • • • • . 3 HOME SITE . FER _ . 3..ECTRICAL LIQ------------------- pgCCE' .---- __ . ----- - ` , • i • TQ BLM > \_ . �tr-� ` . . . .....0,....-. . • . . . . . . . • . .. . . .. . • ` • - ¢` ` . ` • t• -K . •,............... 7,5,--,,--------- This sloe plan is a generalised graphic based upon Stave Watdr of bounda y eurosy(1996)and orrslta oharvsVan. S la nota Said sunny peAormielhy a Pig. Camping areas condo of lamina tabte(s)and nae*Wet • .5c' •