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
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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..
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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.
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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,_
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