Loading...
R89-017 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