HomeMy WebLinkAboutR89-017 special use permit B& ZS-241-88-ARESOLUTION
OF THE
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 89 - 1—
APPROVAL OF SPECIAL USE PERMIT - B & B Excavating, Incorporated
FILE NO. - ZS- 241 -88 -A
WHEREAS, B & B Excavating, Inc. did file an application with
the Eagle County Department of Community Development on or about
November 17, 1988, within the Resource Zone District; and
WHEREAS, based on the evidence, testimony, exhibits, 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, finds as follows:
1. That proper publication and public notice was provided as
required by law for the hearing before the Planning Commission
and the Board of County Commissioners.
2. That the proposed special use conforms to the requirements
of Section 2.09 of the Eagle County Land Use Regulations.
3. That the proposed land use will be compatible with existing
uses in the area.
4. That for the above - stated and all other reasons, the proposed
zoning 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 B & B Excavating, Inc., File No. ZS- 241 -88 -A,
for approval of a special use of caretakers unit within the Resource Zone
District in the following described unincorporated area of Eagle County
be approved:
See attached legal description
THAT the Board of County Commissioners directs the Department of
Community Development to provide a copy of this Resolution to the
applicant.
MOVED, READ, AND ADPOTED by the Board of County Commissioners of
the County of Eagle, State of Colorado, at its meeting held the
IU 1F1 day of Fe(j_ rUp V 19 89
COUNTY OF EAGLE, STATE OF COLORADO
By and Through Its
BOARD OF COUNTY COMMISSIONERS
BY: if / — s tas. --
George G es , Commissioner
BY: Absent from meeting'
Richard Gustafson, Chairman
BY: <<s�
Donald Welch , Commissioner
County Commissioners
LEGAL DESCRIPTION
BBB EXCAVATING,INC. MONTGOMERY PROPERTY
A parcel of land located in Tracts 45A, 46A, and 52 in Section
6, Township 5 South, Range 84 West of the 6th Principal Meridian
and Tracts 45A,and 46A in Section 1, Township 5 South, Range 85
West of the 6th Principal Meridian situated between the Eagle
River the Denver and Rio Grande Western Railroad Right -of -Way,
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 June 20, 1922; said parcel of land being more
particularly described as follows, to wit:
Beginning at the intersection of the Westerly Boundary of a
private parcel of land described in Book 225 at Page 539 in the
Eagle County Records and the Northerly Right -of -way of the Denver
and Rio Grande Western Railroad Right -of -way being a rebar and plastic
cap marked R.L.S. #4551 from which Corner No.3 of said tract 52
bears N.07 "W. 188.09 feet distant and corner No. 3 of tract
46D bears N.85 "E. 2616.14 feet distant; with all bearings
contained herein being relative to the calculated bearing of
5 .89 0 57 1 30 "E. being the North One- Quarter Corner of Section 4 and
the Northeast Corner of Section 1 Township 5 South, Range 85
West; thence along the Northerly Right -of -way of the Denver and
Rio Grande Western Railroad the following ten courses and distances:
1) N. "W. 135.40 ft. 6) S. 80 "W. 185.25 ft.
2) N. "W. 202.29 ft. 7) 5.76 "W. 216.86 ft.
3) N.87 "W. 202.16 ft. 8) S.76 "W. 366.74 ft.
4) S.88 "W. 192.09 ft. 9) S.76 "W. 666.21 ft.
5) S.85 "W. 208.54 ft. 10) 5 .76 0 24 1 49 "W. 305.40 ft.
to a point on the Westerly Line of said Tract 46A; thence along
said Westerly line of Tract 46A, N.00 "W. 477.98 feet to Corner
No.2 of Tract 46A; Thence along southerly line of said tract 45A,
: .2
Legal Description
Page 2
S.88 "W. 60.48 feet to a point on the Southerly high water line
of the Eagle River the following eighteen courses and distances:
1)
2)
N.51
N.69
"E.
"E.
273.68
ft.
10)
S.77
"E.
77.13
ft.
3)
N.65
"E.
123.98
234.65
ft.
ft.
11)
N.78
"E.
217.10
ft.
4)
N.28
"E.
143.76
ft.
12)
13)
N.23
N.66
"E.
"E.
51.48
ft.
5)
N.09
"E.
204.56
ft.
14)
S.85
"E.
66.31
115.53
ft.
ft.
6)
7)
N.79
S.82
"E.
"E.
214.05
ft.
15)
S.76
"E.
139.46
ft.
8)
N.88
"E.
319.33
341.35
ft.
ft.
16)
S.45
"E.
232.64
ft.
9)
S.85
"E.
334.35
ft.
17)
18)
S.06
S.49
"W.
"E.
73.55
ft.
241.88
ft.
to the point of intersection of the extension of the Westerly Line
of a private parcel of land described in Book 225 at Page 539 in
the Eagle County Records; thence S.16 "W. 20.91 feet to the
Northwest Corner of said parcel to a rebar and plastic cap marked
R.L.S. #4551; thence along said Westerly Boundary S.16 "W.
391.90 feet to the point of beginning.
Said parcel of land contains 46.084 acres, more or less.
Subject, however to easements and rights -of -way for roads,
highways, railroads, ditches and public utilities of record or as
same exist.
C