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R85-39 zone district amendment Mike WalckRESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION No. 85 - 3 � ZONE DISTRICT AMENDMENT - Mike Walck File No. - ZC- 211 -85 WHEREAS, Terrill Knight for Mike Walck did file an application with the Eagle County Department of Community Devel- opment on or about April 1, 1985 , to rezone the herein described property in Eagle County from Resource Zone District to Rural Residential Zone District; and WHEREAS, a public hearing was held by the Board of County Commissioners of the County of Eagle, State of Colorado, on May 28, 1985; 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 officals and agencies, the rec- ommendation of the Eagle County Planning Commission, and comments from all interested parties, this 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 zoning is consistent with the Master Plan. 3. That the area in question possess the geological, physical and other environmental conditions compatible with the characteristics of the use requested. 4. That the advantages of the use requested outweigh the disadvantages. 5. That the area for which the rezoning is requested has changed or is changing to such a degree that it is in the public interest to encourage a new use or density in the area. 6. That for the above stated reasons, the proposed zoning is in the best interest of the health, safety, conven- ience, order, prosperity and welfare of the citizens of Eagle County, Colorado. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of the County of Eagle, State of Colorado: THAT the petition of Mike Walck , file number ZC- 211 -85 , for a zoning amendment to change from Resource Zone District to Rural Residential Zone District be and is hereby approved for the following described property located in the unicorporated area of Eagle County: Legal Description Attached THAT the following conditions shall be placed upon this approval and that violation of any condition shall be the basis for revocation of the permit: 1. The zone change be approved for Parcel 2037 only, which consists of 5.6774 acres. 2. Parcel 2037 - Addition, consisting of 2.824 acres, will remain Resource. This parcel should be considered a separate lot. THAT the Board of County Commissioners directs the Director of the Department of Community Development to enter this amendment on the appropriate page of the Official District Map and record the change in the office of the Eagle County Clerk and Recorder. MOVED, READ, AND ADOPTED by the Board of County Commis- sioners of the County of Eagle, State of Colorado, at its meeting held the / /£h day of _Star>e —, 1985, nunc pro tune to 28th day of May , 1985. COUNTY OF EAGLE, STATE OF COLORADO By and T u h its ATTE BOARD 0 CO TY CO�MMMISSIONERS By: G;Z By: el hnnette Phillips David E. Mott, Chairman Clerk to the Board of County Commissioners u EXHIBIT "A�,w,v.> t CERTIFICATION OF DEDICATION AND OWNERSHIP Know all men by these presents that the Eagle Ranch Company, a Colorado Limited Partnership being sole owner in fee simple of all that real property described as follows: A parcel of land hereby designated Parcel 2037, within Tract 35, Section 9, Township 5 South, Range 84 West of the Sixth Prin- cipal meridian, Eagle County, Colorado according to the Indepen- dent Resurvey of said Township and Range as approved by the Surveyor General in Denver, Colorado, on June 20, 1922, said parcel of land being more particularly described as follows, to wit: Beginning at a point on the southerly right of way boundary line of Eagle County Road No. P -307 from which Corner No. 5 of Tract 38 of said Township and Range bears N070 17115" W 1606.99 feet distant; thence along said southerly right of way boundary line, as follows: S63027104 11E 75.05 feet; S61007103 "E 398.34 feet; S58054131 "E 238.94 feet; thence, along an existing fence line and an extension thereof, S30022129 "W 375.74 feet to a point at the approximate centerline of Brush Creek; thence, along the approximate centerline of Brush Creek, as follows: N42058130 11W 87.09 feet; S84051135 "W 112.49 feet; N50059'50 "W 86.82 feet; West 191.98 feet; to a point on the easterly property line of the "Eichler Tract "; thence, along the said easterly property line of the "Eichler Tract ",NO0001150 "E 565.22 feet to the point of beginning, said parcel containing 5.6774 acres, more or less, excepting therefrom any easements or rights of way shown hereon or previously granted. have by these presents laid out, platted and subdivided the same into lots and blocks as shown hereon and designate the same as Parcel 2037, in the County of Eagle, State of Colorado, for public use the streets shown hereon including avenues, drives, courts, places and alleys, the public lands and drainage easements shown hereon for utility and drainage purposes only; and do further state that this subdivision shall be subject to the protective covenants filed and recorded for this subdivision in the Office of the Clerk and Re- corder of Eagle County, Colorado as Document No.