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HomeMy WebLinkAboutR00-107 facilitating Blue Ridge Extension through Kodiak ParkCommissioner moved adoption of the fol owing Resolution: RESOLUTION OF THE COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2000 - 1 7 FACILITATING BLUE RIDGE EXTENSION THROUGH KODIAK PARK FILE NO. PDA -00021 ANC, WHEREAS, on or about August 3, 1999, the County of Eagle, State of Colorado, accepted for filing an application submitted by Kevin and Tammy Tucker (hereinafter "Applicant ") for amendment of the Blue Ridge Planned Unit Development, El Jebel, Colorado (hereinafter the "PUD"), File No. PDA- 00021; and L d X a v m v m in U W C9 � r �NZ m N B ENO 1 -O �N� Im W M � 04 o WHEREAS, the Applicant requested the amendment of the PUD for the purposes of changing the uses allowed from primarily commercial to entirely residential; and WHEREAS, notice of the proposed amendment was mailed to all owners of property located within and adjacent to the PUD and was duly published in a newspaper of general circulation throughout the County concerning the subject matter of the application and setting forth the dates and times of hearings for consideration of the application by the Planning Commission and the Board of County Commissioners of County of Eagle, State of Colorado (hereinafter the "Board ") ; .and WHEREAS, at public meeting held February 17, 2000 and continued to March 16, 2000, the Planning Commission, based upon its findings,. recommended denial of the proposed PUD Amendment; and WHEREAS, at its public meeting hearing of May 22, 2000, the Board considered the PUD Amendment application, associated plans and the statements and concerns of the Applicant and the Eagle County staff; and WHEREAS, the Board here desires to facilitate the connection of Blue Ridge Lane to the Willits intersection on Highway 82. Therefore the Board wishes repeal Eagle County Resolution No. 96- 46 and to adopt this Resolution in conjunction with the Resolution Amending the Blue Ridge PUD.. 0 J r Based on the evidence, testimony, exhibits, review of the Eagle County Master Plan, the recommendation of the Planning Commission and staff, and comments from all interested parties, the Board finds as follows: 1. The Blue Ridge PUD is today amended by separate resolution. 2. The Board wishes to facilitate the extension of Blue Ridge Lane to connect to Highway 82 to promote safety and smooth traffic movement. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, Blue Ridge Amended PUD submitted by Kevin and Tammy Tucker is subject to the following conditions: Prior to the Subdivider building more than 60 units, the . improvement to the intersection.and extension of Blue Ridge Lane shall be implemented and, if Blue Ridge Lane through Kodiak Park to State Highway 82 at the realigned intersection of Willits Lane has not been constructed, then the Subdivider will secure any and all necessary land rights -of -way or easements for the construction of the remaining portion of Blue Ridge Lane, and to have them deeded to the County. Should Subdividers be unable to secure the necessary lands, rights -of -way or easements for the construction of the remaining portion of Blue Ridge Lane, the Subdividers: 1. Shall schedule a meeting with the Board of County Commissioners to discuss the Subdivider's inability to secure such property, and should the Board determine that such property is required, it shall assist the Subdividers in fulfilling its obligations under this contract, by using its power of eminent domain. 2. The Subdividers•shall secure after consultation with the County Attorney, an appropriate appraiser to conduct the appraisal of the property. 3. After an appraisal, a good -faith offer in conformance the statute shall be made to the owner of the property. 4. If the offer of the County is not accepted, the County shall proceed to condemn the property. e El ., 5. All expenses of said condemnation, including all legal and attorneys' fees, costs, appraisal fees and incidental expenses, shall be paid as they are due by the Subdividers, it being understood that the condemnation proceeding may be prosecuted by the County Attorney or Special Counsel retained by the Board of County Commissioners. The Subdividers shall further pay any deposit necessary for the County to secure immediate possession as well as the final award to the owner. THAT, the Board finds, determines, and declares that this Resolution is necessary for the health, safety, and welfare of the inhabitants of the County of Eagle, State of 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 4 K' _. day of July, 2000, nunc pro tunc to the 22nd day,of May, 2000 COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS ATTEST- BY : BY: Sara J. Fisher Tom C. Stone, Chairman Clerk of the Board of County Commissioners BY: Johnnetthillips., Commis Ai r BY: Michael L. Gallag Commissioner Commissioner seconded adoption of the foregoing Resolution. the roll having been called, the vote was as follows: Commissioner Tom C. Stone Commissioner Johnnette Phillips Commissioner Michael Gallagher This Resolution passed by vote of the Board-of-County- Commissioners of the County of Eagle, State of Colorado,_ 3