Loading...
R85-26 Delatte exemptionS J J 30577( ,was jCHN NETTS PM LLfPS 'AC! E CTY. "EOWQPs'0 Commissioner moved adoption of the following Resolut_i_on• MAR 25 104 PM °85 BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 85 -ate COUNTY AIRPORT - DELATTE SUBDIVISION EXEMPTION RESOLUTION' AUTHORIZING EXEMPTION FROM THE EAGLE COUNTY SUBDIVISION REGULATIONS A DIVISION OF CERTAIN LANDS LOCATED AT OR ADJACENT TO THE EAGLE COUNTY AIRPORT - (FILE NOS. SE- 273 -85, SE- 274 -85, AND SE- 275 -85) WHEREAS, the Board of County Commissioners of the County of Eagle, State of Colorado has determined it is necessary to obtain the parcel of land described on the attached Exhibit A (hereinafter referred to as "Parcel A ") for airport purposes; and WHEREAS, Parcel A is owned by I.H. DeLatte who is willing to deed Parcel A to Eagle County in exchange for the property described on the attached Exhibit B (hereinafter referred to as "Parcel B "); and WHEREAS, the transfer of Parcel A to the County by I.H. DeLatte will create another parcel of less than 35 acres described on the attached Exhibit C (hereinafter referred to as "Parcel C "); and WHEREAS, the division of land to allow Parcel_ A to be deeded to the County is not within the purposes of the Eagle County Subdivision Regulations (Eagle County Land Use Regulations, §2.15.03) and the method of division is not for the purpose of evading these subdivision regulations; and WHEREAS, Parcel B, which would be created to exchange for Parcel A, would be combined with Parcel C into one larger parcel, and the method of division creating Parcel B is not for the purpose of evading the Eagle County Subdivision Regulations; and h WHEREAS. the division of land which creates Parcel A, also creates Parcel C; the division is one which could be created by any court in this state pursuant to the law of eminent domain ( §41 -4 -104, C.R.S.), and is not for the purposes of evading the Eagle County Subdivision Regulations; and WHEREAS, written application has been made for recognition of the exemption of Parcels A, B, and C from the Eagle County Subdivision Regulations (SE- 273 -85, SE- 274 -85, and SE- 275 -85). NOW, THEREFORE, BE IT RESOLVED, the Board of County Commissioners of the County of Eagle, State of Colorado, declares the following divisions of law to be exempt from the Eagle County Subdivision Regulations! 1. The division of land creating Parcel A pursuant to the provisions of §2.15.03 of the Eagle County Land Use Regulations and §30- 28- 101(10)(c)(II), C.R.S.; for purposes of deeding it to Eagle County. 2. The division of land creating Parcel. B pursuant to the provision of §30- 28- 101(10)(,c)(VIII), C.R.S., to be deeded to the owner of Parcel. C and merged with Parcel C into one larger parcel pursuant to the provisions of §30- 28- 101(10)(c)(VIII), C.R.S. 3. The creation of Parcel C is a direct result of the creation of Parcel A and is therefore also exempt by virtue of §30- 28- 101(10)(c)(II), C.R.S., and §2.15.03 of the Eagle County Land Use Regulations. BE IT FURTHER RESOLVED that the divisions of land creating the herein described Parcel A, Parcel B, and Parcel C are found to be not for the purposes of evading the Eagle County Subdivision Regulations and are exempt from the Subdivision Regulations pursuant to the provision of §30- 28- 101(10)(d), G.R.S. AND ALSO BE IT RESOLVED that upon transFer of Parcel B to the owner of Parcel C, Parcel B and Parcel C shall merge into one parcel; and BE IT FURTHER RESOLVED that the Chairman of the Board of County Commissioners is authorized to execute, on behalf of -2- J the Board of County Commissioners, a subdivision exemption plat recognizing the exemptions described in this Resolution. MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the day of _�j�r 1985. ",••�TTEST;� ;,, By J- one-- aoarn° o Commissioners COUNTY OF EAGLE, STATE OF COLORADO By and Through its BOARD OF COUNTY COMMISSIONERS E9 Donald H. Welch, Commissioner Commissioner �((ST/f�5y1� seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner David E. Mott AJ-1— Commissioner Richard L. Gustafson /2, Commissioner Donald H. Welch This Resolution passed by A C) vote of the Board of County Commissioners of th-e-C-0-u-n-ty--oT Eagle, State of Colorado. Isis - _ } EXHIBIT A January 1985 20' Road Portion through Tract 61 Legal Description A parcel of land located in Tract 61 and Section 4 all in Township 5 South, Range 85 West df the 6th Principal Meridian according to the Independent Resurvey of said Town- ship and Range as approved by the U.S. Surveyor General's Office in Denver, Colorado on June 20, 1922. All bearings being relative to a bearing of North 00 021100" Fast from a brass cap set as a witness corner for Angle Point 3 of Tract 57 to a brass cap set for Angle Point 2 of Tract 57. Said parcel being more particularly described as follows: Beginning at a point on the west boundary of a parcel Of land described by Reception Number 172262 of the Eagle County, Colorado records whence a brass cap set for P.ngle Point 1 of Tract 60, Angle Point 2 of Tract 57, Angle Point 3 of Tract 56 and Angle Point 4 of Tract 59 bears North 16.09'26" East, 1193.69 feet; thence North 00 °21100" East, 44.90 feet; thence South 89.00'15" West, 1102.40 feet to the true Point of beginning; thence North 15 °01'00" West, 349.63 feet; thence North 17 034'25" West, 471.33 feet; thence North 10 °39111" West, 126.05 feet; thence North 16 °39'04" West, 339.71 feet; thence North 05.31'36" West, 98.61 feet; thence North 16 009'31' West, 596.56 feet; thence North 05 004'43" West, 97.89 feet; thence South 87.05'09" West, 21.03 feet; thence South 05 004'43' East, 100.54 feet; (thence South 16.09'31" East, 596.64 feet); thence South 05'31'36" East, 98.69 feet; thence South 16 039'04" East, 340.61 feet; thence South 10'39'11" East, 126.16 feet; thence South 17.34'25' East, 472.02 feet; thence South 15 °01'00" East, 344.33 feet; thence North 89000'15" East, 21.60 feet to the true point of beginning and containing 1.000 acres, more or less. Feb. 27, 1985 LEGAL DESCRIPTION Eagle County Airport to Mr. Delatte (road exchange) A parcel of land located in Tracts 60 and 61 and Sections 3 and 4 all in Township 5 South, Range 85 West of the 6th Principal Meridian according to the Independent Resurvey of said township and range as approved by the U.S. Surveyor General's office in Denver, Colorado on June 20, 1922. All bearings being relative to a bearing of North 00 021'00" East from a brass cap set as a witness corner for angle point 3 of Tract 57 to a brass cap set for angle point 2 of Tract 57. Said parcel being more - Particularly described as follows: Beginning at a point on the west boundary of a parcel of land described by Reception No. 172262 of the Eagle County, Colorado records also being the northeast- erly corner of a portion of a parcel described by Reception No. 256102 of the Eagle County, Colorado records,-Whende a brass cap set for angle point 1 of said Tract 60, angle point 2 of Tract 57, angle point 3 of Tract 56 and angle point 4 of Tract 59 bears North 16 °09'26" East, 1193.69 feet; thence North 00 °21'00" East, 44.90 feet on the west boundary as described in said Reception No. 172262, thence South 89 000'15" West, 1102.40 feet to the West boundary of a road as described in said Reception No. 256102, thence South 15 001100" East, 35.63 feet on the West boundary of said road as described in said Reception No. 256102, thence North 89 032'44" East, 1092.76 feet on the North boundary of a portion of land as described in said Reception No. 256102 to the point of beginning and containing 1.001 acres, more or less. %AES n 11204 0 �. e C ..� 4N9f�•�'�o EXHIBIT C A parcel of land located in Tracts 60 and 61 and Sections 3, 4, 9 and 10 all in Township 5 South, Range 85 West of the 6th Principal Meridian according to the Independent Resurvey of said Township and'Range as approved by the U.S. Surveyor General's office in Denver, Colorado on June 20, 1922. All bearings being relative to a bearing of North 00 °21'00" East from a brass cap set as a witness corner for Angle Point 3 of Tract 57 to a brass cap set for Angle Point 2 of Tract 57. . Said parcel being more particularly described as follows: Beginning at a point on the west boundary of a parcel of land described by Reception Number 172262 of the Eagle County, Colorado records also being the northeasterly corner of a Portion of a parcel of land described by Reception Number 256102 of the Eagle County, Colorado records whence a brass cap set for Angle Point 1 of said Tract 60, Angle Point 2 of Tract 57, Angle Point 3 of Tract 56 and Angle Point 4 of Tract 59 bears North 16.09'26" East, 1193.69 feet; thence on the boundary of said parcel as described by Recption Number 256102 of the Eagle County records the following six (6) courses: 1. South 89 032'44" West, 1092.76 feet; 2. South 15.01'00" East, 129.18 feet; 3. South 09 °12108" East, 47.13 feet; 4. North 89 °00'16" East, 20.20 feet; S. North 88.56131" East, 1030.72 feet (record call is North 89.00'15" East, 1030.39 feet) to the southwest corner of a parcel of land described by Parcel Number 172262; 6. thence North 00 °21100" East, 160.58 feet on the west boundary of said parcel described by Reception Number 172262 of the Eagle County records to the point of beginning and contianing 4.082 acres, more or less.