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Home My WebLink AboutR93-091 exemption from Subdivision REgulations for HLEM Investments for The Grangecommissioner n..moved adoption of a follo ing Resolution: ra. BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 93-4?/ AUTHORIZING APPROVAL OF REQUEST FOR EXEMPTION FROM EAGLE COUNTY SUBDIVISION REGULATIONS WHEREAS, The Board of County Commissioners (Hereinafter referred as the "BOCCI') is empowered by the Colorado Revised Statute 30 -11 -107 (1) (a) to make such orders concerning County property as it deems expedient; and WHEREAS, Section 2.15.03 of the Eagle County Land Use Regulations provides for Exemption from the County's Subdivision Regulations; and WHEREAS, The Grange is the subject property concerning this resolution and is in the unincorporated area of Eagle County as referenced to in the attached letter, dated June 18, 1993, and map as "Grange Ranch ", project No. 7168 (hereinafter the forementioned letter and map shall be incorporated by reference as Exhibit "A"); and WHEREAS, Garfield & Heicht, P.C: did petition Eagle County on behalf of HLEM Investments, Ltd. in a letter to Keith Montag, Director of Community Development, dated June 18, 1993, (see Exhibit A) for direction concerning a proposed boundary line adjustment and compliance with the Eagle County Land Use Regulations; and WHEREAS, Garfield & Heicht, P.C. did present a legal description of the relevant parcels to be exchanged between The Grange and the Cerises and said conveyance of the properties does not create a separately developable parcel of land of a size less than 35 acres and shall merge with the subject parcels into the existing larger parcel; and WHEREAS, said conveyance is in compliance with the Eagle County Land Use Regulations generally and appropriate for the necessary allowance of an Exemption as provided for in Section 2.15.03 of the Eagle County Land Use Regulations; and 515002 B -618 P -931 09/09/93 11:51A PG 1 OF 9 REC DOC Sara J. Fisher Eagle County Clerk & Recorder 0.00 1 WHEREAS, based on the evidence presented to the BOCC through the attached Exhibits and through the comments of the staff of the Eagle County Department of Community Development, the BOCC finds as follows: 1. The boundary line adjustment described in Exhibit A is not within the purposes of the Eagle County Land Use Regulations. The conveyance of the properties described in Exhibit B does not create a separately developable parcel of land and shall merge the subject parcels into the existing larger parcel. The parcels described will not be recognized by Eagle County as a legal subdivision. Any future development of the property described herein is subject to all applicable approvals required by Eagle County. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, Garfield & Heicht, P.C. on behalf of the Helm Investments, Ltd. did petition, for an Exemption from the Eagle County Subdivision Regulations, be approved. THAT, the Board of County Commissioners finds that this resolution is necessary for the public health, safety and welfare of the citizens of Eagle County, Colorado. MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the /0 71A— day of 1993. ATTEST: rk to tl-tA- Board of County Commissioners COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS BY: - George A. qAtes, Chairman �6hnnette Phil ps, Commissioner 2 515002 B -618 P -931 09/09/93 11:51A PG 2 OF 9 Commissioner �roll'h seconded adoption of the foregoing resol 'ion. g bee n called, the vote was as follows: Commissioner George A. Gates Commissioner Johnnette Phillips Commissioner James E. Johnson, Jr. _ This Resolution passed by 3 vote of the Board of County Commissioners of the County of Eagle, State of Colorado. r \grange.res 515002 B -618 P -931 09/09/93 11:51A PG 3 OF 9 3 I - GARRELD & HECHT, P.C. ATTORNEYS AT LAW TELEPHONE U' RONALD GARFIELD• (303) 923.1936 J ANDREW V. HECHT" VICTORIAN'SQUARB BUILDIN4 TELECOPIER c ROBERT L rZNI tON•�• 601 EAST HYMAN AVENUE (303) 925.3008 N ASPEN, COLORADO 91611 PATRICK D. McALLISTER "" N4W Yak am •• Zhu admuw b Dom stCadnw an »� atr &*M1 d r Fwem Ur �•�� akm admilUd I• raM,l.rds hr and NW Jwm tw Mr. Keith Montag Director of Planning, Eagle County June 189 1993 Community Development Department Post Office Box 179 Eagle, Colorado 81631 Re: The Grange Dear Keeth: t� This is a follow up to our telephone conversation yesterday regarding a boundary line adjustment. Irepresent HLEM Investments, Ltd., owner of property in Eagle County commonly known as the Grange adjacent to and above Spring Park Reservoir consisting of approximately 3,200 acres of land. My client intends to make a boundary line adjustment with it's neighbors Oscar and Wilma Cerise. Enclosed for your, review, you will find a map that highlights how this exchange will work. Yellow (Parcels # 1 and. #2) highlights the lands that my client intends to convey to the Cerises. Parcel #1 is approximately 15.6 acres and Parcel #2 is approximately 47.7 acres. In exchange the Cerises will convey to my client the parcel (Parcel #3) highlighted in orange which is approximately 15.3 acres. The purpose of these exchanges is to improve access to both the Cerise property and the Grange. This transaction was approved more than a year ago as evidenced by the enclosed copies a letter dated February 20, 1992 from another attorney in this office to Sid Fox and Sid's response to that letter. At this time, I am inquiring as to whether We County has, since Sid's response, adopted any amendments to it's Land Use Code regarding lot line adjustment procedures that would necessitate obtaining any formal approvals. My client continues to be agreeable to the prior condition in Sid's letter which would require the restrictive language in the Exchange deeds set forth below; that the signed exchange deeds be submitted to you and that you would then pass the deeds on to the Eagle County Clerk and Recorder for recording. -The restrictive language that would appear in each of the exchange deeds would be as follows: "The conveyance of the property described in this deed does not create a separately developable parcel of land. Any future development of the property EXHIBIT n b i O W O 0 w .. 0 to GARFIELD & HEC11T, P.G. M.t Mac. Keith Montag June 18, 1993 Page 2 described herein is subject to any applicable approvals required by the Eagle County Land Use Code." �= F would most appreciate obtaining a letter from you confirming that the use of the restrictive language in the deeds continues to be acceptable and that no formal approvals are required from Eagle County. Thank you very much for your attention to this matter. Very truly yours, 04111 lows : �t Ronald Garfield 1W., . w► aniamm cc: Cleaw P&C. &q. (vk tint elan MQ mom A, Heller (via rust clue MW siehud Lewis (via rot.ius nuil) Chula B. U016, U. (via 114M tku MUM .ra&k.tr n".b17 515002 B -618 P -931 09/09/93 11:51A PG 5 OF 9 (303) 945 -1004 FAX (303) 945.5948 Legal Description ' Parcel 1 - Grange to Cerise iURVEVO 8 -'GM ec►nw,Exa+ GOr00N ME!'ER 1001 Grand Avenue, Suite 2E Glenwood Springs, '000 81601 June 1, 1983 Job #7188C All that part of the -SW 1/4 of Section 11, Township 7 South, Range 87 West, 6th Principal Meridian lying northwesterly of the centerline of an access road to 6LM and i.J National Forest service lands. l: This description is not the result of a field survey and is sub)ect to change following a field survey. 515002 B -618 P -931 09/09/93 11:51A PG 7 OF 9 EXHIBIT '6 (303) 945.1004 FAX (303) 945.5948 Legal Description Parcel 2 - Grange to Cerise EqO "'m' �URYEI'011i SGM�- -- aa � June 1,'1993 Job *7168C 1001 Grand Avenue, Suite 2E Glenwood Springs, GO 81601 A parcel of land situate In the BE 1/4, Section 10, Township 7 South, Range 87 West of the ath Principal Meridian being more particularly described as follows: Beginning at the Northwest Corner of the BE 1/4, Section 10, Township 7 South, Range 87 West, 6th Principal Meridian; thence along the west tine of said BE 1/4, Section 110 S 00 -00 -00 E 1800 feet, more or less, to a point at the intersection of the north right - of -way line of the Eagle County Road lying in said SE 1/4, Section 10; thence southeasterly along the northerly right -of -way line of Said Eagle County Road 1500 feet More or lass to the intersection of the north right -of -way line of said Eagle County Road and the east line of SW 1/4 BE 1/4 Section 10; thence, N 00 -00.00 E 1900 feet more or lees along the east line of the SW 1/4 BE 1/4 and NW 1/4 BE 1/4 Section 10 to the Northeast Corner of said NW 1/4 SE 1/4 Section 10; thence &Iona the north line of said NW 1/4 SE 1/4 Section 10 N 90- 00 -00W 1300 feet, more or less, to the point of beginning. This description ie not the result at afield survey and is subject to change following a field survey. 515002 B -618 P -931 09/09/93 11:51A PG 8 OF '9 t, (303) 945.1004 FAX (303) 945 -5948 DESCRIPTION Parcel 3 - Cerise to Orange 1001 Grand Avenue, Suite 2E Glenwood Springs, '00 81601 June 1, 1993 Job #7168C A parcel of land situate In the SE 1/4, Section 8, Township 7 South, Range 87 West of the Sixth Principal Meridian. being more particularly described as follows: Beginning at the Northwest Corner of the NE 1/4 BE 1/4, Section 3, Township 7 South, Range ST West, Sixth Principal Meridian; thence along the west line of said NE 1/4 SIS 1/4 and the SE 1/4 BE 1/4 Section 3, S 00 -00 -00 E 1820 fleet; thence N 40 -00 -00 E 500.00 feet; thence N 20 -00 -00 E 850.00 feet; thence N 04 -00 -00 E 826.18 feet, more or legs, to the north line of said NE 1/4 BE 1 /4t Section 3; thence along said north line of the NE 1/4 SE 1/4, Section 3, N 90 -00 -00 W 548.71 feet, more or less, to the point of beginning. This description is not the result of a field survey and is subject to change following a field survey, 515002 B -618 P -931 09/09/93 11:51A PG 9 OF 9