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HomeMy WebLinkAboutMinutes 01/31/2000 PUBLIC HEARING JANUARY 31, 2000 Present: Torn Stone James Johnson, Jr. Johnnette Phillips James R. Fritze Jack Ingstad Sara J. Fisher Chairman Commissioner Commissioner County Attorney County Administrator Clerk to the Board This being a scheduled Public Hearing the following items were presented to the Board of County Commissioners for their consideration: Executive Session Commissioner Phillips moved to adjourn into "Executive Session" to discuss the following: 1) Give direction to counsel in negotiations over provisions of a deed for property to be deeded to Upper Eagle Valley Water Authority. 2) To receive advice from counsel on possible litigation with the Aspen Valley Land Trust 3) To receive advice from counsel with regards to easements and claims of easements. 4) To receive legal advice relating to fire districts. The time was noted at 8:40 a.m. Commissioner Johnson seconded the motion. The vote was declared unanimous. Mike Cacioppo, area resident, questioned item number 2, the Aspen Valley Land Trust. Chairman Stone explained. Mr. Cacioppo stated he usually does have questions when he is present. He stated he would like to know what the A VL T litigation is about. Jim Fritze, County Attorney, stated the Aspen Valley Land Trust holds a conservation easement that was deeded to it by the Roaring Fork Railroad Holding Authority. He stated Eagle County is a member of that Authority. He stated that is the rail corridor from Glenwood Springs. Mr. Cacioppo questioned item number 1, Upper Eagle Valley Water Authority. Mr. Fritze stated the County is currently in negotiations over the terms of specific wording ofthat deed. He stated the County inherited the duty to give the deed by virtue of a contract entered into by the former Eagle County Recreation Authority. Mr. Cacioppo asked what the issue was. Chairman Stone stated that was all that could be said for now. Commissioner Johnson moved to adjourn from "Executive Session" and reconvene to the regular meeting after discussion ofthe above mentioned items. The time is 9:36 a.m. Chairman Stone seconded the motion. Of the two voting Commissioners the vote was declared unanimous. Commissioner Phillips was not present at this time. Consent Calendar Chairman Stone stated the first item on the agenda was the consent agenda as follows: A) Approval of bill paying for week of January 31, 2000, subject to approval of County Administrator 1 01-31-2000 B) Approval of the minutes of the Board of County Commissioners meeting of January 10,2000 C) Child Support Cooperative Reimbursement Program D) Resolution 2000-020 and Power of Attorney conferring authority on the Attorney's Office to draw on letter of Credit No. SLCDDEN00211 for Woodstone BWAB Commercial Partners, LLP, in the amount of$36,188.00, to expire February 1,2000 E) Resolution 2000-021 for final release of collateral and termination of the Subdivision Improvements Agreement for Arrowhead at Vail, Filing 19, The Springs F) Resolution 2000-022, adopting a supplementary budget and appropriation of unanticipated revenues for fiscal year 2000, and authorizing the transfer of budgeted and appropriated monies between various spending agencies. Commissioner Phillips stated on the minutes on page 5 it states Commissioner Johnson moved and Commissioner Stone seconded. It should read Commissioner Phillips seconded the motion. The same appears on page 6 and should also read Commissioner Phillips seconded the motion. Bob Loeffler, Deputy County Attorney, asked about item F, supplemental appropriations and how they were going to handle that. He understood that it might be tabled for a week. Chairman Stone stated it has been brought to his attention there are some items in the supplementary budget that need to be approved today. Commissioner Phillips moved to approve the consent calendar as presented, with the corrections to the minutes as stated and pulling item F to be discussed separately. Commissioner Johnson seconded the motion. The vote was declared unanimous. Terry Lowell, Finance Director, stated the original appropriation work sheet is in the package and he asked the Resolution be considered for adoption. He stated two additional items were submitted after the deadline and he questioned if those need to be advertised before their adoption. He stated the original request does contain items that need to be paid. Mr. Loeffler questioned if those that have been advertised are shown on exhibit A. Mr. Lowell answered yes. Commissioner Johnson moved to approve Resolution 2000-022 adoption of the supplementary budget and appropriation of unanticipated revenues for fiscal year 2000, and authorizing the transfer of budgeted and appropriated monies between various spending agencies. Commissioner Phillips seconded the motion. The vote was declared unanimous. Commissioner Phillips asked about the publication process. The Board agreed it is for one week and those items for a supplemental will be heard next week. Plat & Resolution Signing Matt Gennett, Planner, introduced the new planner, Genna Skinner. Matt Gennett presented the following plats and resolutions for the Board's consideration: 5MB-00213. Miller's Creek. on the Eagle River. A Resubdivision of Lot 10. He stated this was a Minor Type B Subdivision that will resubdivide Lot 10 to create two Y2 duplex lots, (Lot lOA and Lot lOB. The plat does include a standard duplex caveat. He reviewed staff findings as follows: Pursuant to Section 5-290 (G) (1) ofthe Eagle County Land Use Regulations: 5-290 (G) (1) Standards for Type A and Type B Subdivision (G) Standards. The Board of County Commissioners and the Community Development Director shall consider the following in the review of a Type A Subdivision, a Type B Subdivision, and an Amended Final Plat. 1. Standards for Type A and Type B Subdivision. 2 01-31-2000 a. Access, potable water, and sewage disposal on the land to be subdivided are adequate; b. The plat does conform to Final Plat requirements and other applicable regulations, policies, standards, and guidelines; and c. No Improvement Agreement is applicable. Commissioner Phillips moved to approve final plat file number 5MB-00213, Miller's Creek on the Eagle River, a resubdivision of Lot 10, incorporating staff findings. Commissioner Johnson seconded the motion. The vote was declared unanimous. Change Order, CAT Construction/Amendment No.1, Isbill Associates/Raytheon Infrastructure, Inc. Jim Elwood, Airport Manager, presented Change Order No. 1 to the agreement between CAT Construction and Eagle County for grading and paving at the Eagle County Regional Airport. He asked that these items be tabled by the Board until February 7, 2000. Commissioner Johnson moved to table Change Order No.1, to the agreement between CAT Construction and Eagle County for grading and paving at the Eagle County Regional Airport and Amendment No.1 to the contract dated April 27, 1998 between Isbill AssociateslRaytheon Infrastructure, Inc. and Eagle County to February 7, 2000. Commissioner Phillips seconded the motion. The vote was declared unanimous. SET-PDS-OOOI8, Adams Rib Hearing Date & Time Keith Montag, Director of Community Development, stated the purpose of this hearing was to schedule another hearing date and time for file number PDS-OOO 18, Adams Rib. Staff recommended the hearing date of February 7, 2000. He stated there is one other file on the agenda which is Kodiak Park. Commissioner Phillips stated she thought they were going to go on the site visit and then corne back and set the time for the hearing. Commissioner Phillips moved to table the hearing date for file number PDS-OOO 18, Adams Rib until after the site visit at 1 :45 p.m. today. Commissioner Johnson seconded the motion. The vote was declared unanimous. Upon return from the site visit, Commissioner Phillips stated she discussed with staff a time frame for this matter and they have related if the meeting was held on February 7, 2000, it would not start until 2:30 p.m. She stated she believes that is too late in the day to hear this matter. Also, Jim Fritze will not be able to be present on the 7th. Commissioner Phillips moved to continue file number PDS-OO 18, Adams Rib Frost Creek, to February 22,2000. Commissioner Johnson seconded the motion. In discussion, Commissioner Johnson stated he does not believe 2:30 p.m. is too late to hear this file. He stated the applicant has related they only have another hour for their presentation. Commissioner Phillips questioned how long it would take. Commissioner Johnson stated the new Commissioner would be at a disadvantage. Chairman Stone called for the question on the motion. Commissioners Phillips and Stone voting aye, Commissioner Johnson voting no. Commissioner Phillips moved to adjourn as the Board of County Commissioners and reconvene as the Local Liquor Licensing Authority. Commissioner Johnson seconded the motion. The vote was declared unanimous.M 3 01-31-2000 Resolution 2000-023, Amending Eagle County Beer & Liquor Policies Earlene Roach, Eagle County Liquor Inspector, presented Resolution 2000-023, Liquor License Hearing Procedures. She stated she did receive a letter of approval from the Ranch at Berry Creek and a call from Hidihisa Tsuzuki, owner of Sushi Ya Go Go, who thought it was a good idea. Chairman Stone asked if anyone wanted to make any changes. Ms. Roach stated no. The two responses were all that she heard. She referred to "Exhibit A" as follows: NEW LICENSE APPLICATIONS Must be heard by the Local Liquor Licensing Authority. TRANSFER OF OWNERSHIP Must be heard by the Local Liquor Licensing Authority. RENEWALS The Local Liquor Licensing Authority intends that applicants need not appear for a hearing on annual renewal of the license if there are no problems or concerns raised with respect to the establishments, THEREFORE 1) The initial license requires a hearing at which the applicant shall be present; 2) In years following the initial license, all license renewals for which staff or the Chairman raise concerns or questions require a hearing at which the applicant must be present; 3) Except as provided in numbers 1 and 2, no hearing is required to renew a license. MANAGER REGISTRATIONS Generally a hearing is required for registration of a new manager. New managers must appear personally before the Local Liquor Licensing Authority except where the manager sought to be registered has appeared before the Authority as the manager of a Liquor Licensed Premise within the past five years. Managers that have appeared in person before the Authority and have been the record manager of a Liquor Licensed Premise within the past five years need not appear personally and the Board need not hold a hearing. CHANGE IN CORPORATE STRUCTURE No hearing required if persons are reported to be of good moral character. MODIFICATION OF PREMISE No hearing required if the original boundary remains the same. If the boundary is proposed to change, a hearing is required and the applicant must appear. TRADE NAME CHANGE No hearing required. CHANGE IN CORPORATE NAME No hearing required. CHANGE IN LOCATION Hearing required and the applicant must appear. Commissioner Johnson moved to approve Resolution 2000-023, amending the Eagle County Beer and Liquor Code Policies and Procedures. Commissioner Phillips seconded the motion. The vote was declared unanimous. Commissioner Phillips moved to adjourn as the Local Liquor Licensing Authority and reconvene as the Board of County Commissioners. Commissioner Johnson seconded the motion. The vote was declared unanimous. PDF -00039, Final Plat, Cordillera Filing 36 Jean Garren, Planner, presented file number PDF-00039, Final Plat, Cordillera, Filing 36. She 4 01-31-2000 stated as a resubdivision of Cordillera Filing 35, this Final Plat creates the 43 single family lots allowed in Planning Parcel T of the Mountain Tract under the Cordillera Subdivision Fifth Amended and Restated Planned Unit Development Control Document (July 12, 1999) approved by the Board July 12, 1999 and recorded at Reception No. 704767. It also reduces the land area of Filing 35's Future Development Tracts D and J (the proposed golf course). A Subdivision and Off-site Improvements Agreement has been prepared and approved by the Eagle County Engineering Department and Eagle County Attorney. The Preliminary Plan for this development was approved by the Board when it approved the Preliminary Plan for the Mountain Tract on August 31, 1998 (File No. PDP-00009; Resolution No. 98- 126; Fourth Amended and Restated Planned Unit Development Control Document recorded at Reception No. 674252). Ms. Garren reviewed the referral responses as follows: Eagle County Engineering. The Engineering Department submitted numerous comments and had much dialogue with Applicant between the original Referral Response of June 16, 1999 and the final Engineering memorandum of satisfaction of November 19, 1999. Copies of this correspondence are attached to this Staff Report. Eagle County Surveyor. The numerous changes required by the Eagle County Surveyor in his letters of June 18, 1999 and September 16, 1999 have been made. Copies of these letters are attached to this Staff Report. Mr. Loeffler stated the Subdivision Improvements Agreement that was provided in the backup is the standard SIA. The applicant has asked to substitute a different SIA with a change on page 6. He stated the form of SIA that was originally given to the applicant and the applicant signed required the applicant provide collateral prior to the final plat. However, they were unable to get a letter of credit by now, nor had they intended to do so. What they had intended to do was to rely on the restrictive plat note and substitute a letter of credit when appropriate. They have given them a check for $1,200,000.00 to provide the collateral. They would like their money back and they have the appropriate restrictive plat note on their plat. They would like to swap the plat note with the collateral. They have executed the revised SIA which is reflected on page 6, paragraph 2.1. As is, they can not sell property until they have completed improvements or substituted collateral. Alan Crabbe, representing the applicant, was present for the hearing. Mr. Loeffler stated he has both versions of the SIA available. Chairman Stone asked for discussion. There was none. Ms. Garren reviewed staff findings as follows: Pursuant to Section 5-280.B.5.b.(3) Final Plat for Subdivision - Action by the Board of County Commissioners: This Final Plat for Subdivision CONFORMS to the approval given to the Preliminary Plan for Subdivision. Pursuant to Section 5-280.B.3.e Standards of the Eagle County Land Use Regulations: 1) Consistent with Master Plan. The proposed subdivision IS consistent with the Eagle County Master Plan and the FLUM of the Master Plan; 2) Consistent with Land Use Regulations. The proposed subdivision DOES comply with all of the standards of this Section and all other provisions of these Land Use Regulations, including, but not limited to, the applicable standards of Article 3, Zone Districts, and Article 4, Site Development Standards. 3) Spatial Pattern Shall Be Efficient. The proposed subdivision IS located and designed to avoid creating spatial patterns that cause inefficiencies in the delivery of public services, or require duplication or premature extension of public facilities, or result in a "leapfrog" pattern of development. (a) Utility and Road Extensions. Proposed utility extensions ARE consistent with the utility's service plan or shall require prior County approval of an amendment to the service plan. 5 01-31-2000 Proposed road extensions ARE consistent with the Eagle County Road Capital Improvements Plan. (b) Serve Ultimate Population. Utility lines SHALL BE sized to serve the planned ultimate population of the service area to avoid future land disruption to upgrade under-sized lines. (c) Coordinate Utility Extensions. Generally, utility extensions shall only be allowed when the entire range of necessary facilities can be provided, rather than incrementally extending a single service into an otherwise un-served area. 4) Suitability for Development. The property proposed to be subdivided IS suitable for development, considering its topography, environmental resources and natural or man-made hazards that may affect the potential development of the property, and existing and probable future public improvements to the area. 5) Compatible With Surrounding Uses. The proposed subdivision IS compatible with the character of existing land uses in the area and DOES NOT adversely affect the future development of the surrounding area. Chairman Stone noted for the record he did not see any public present to comment and the applicant did not choose to make a presentation. Commissioner Johnson moved to approve final plat file number PDF-00039, Cordillera Filing 36, incorporating staff findings and approving the SIA with the substituted language on page 6. $1,200,000.00 shall be returned to the applicant. The Chairman shall be authorized to sign the plat. Commissioner Phillips seconded the motion. The vote was declared unanimous. 1041-0023, Beaver Creek Resort Tambi Katieb, Planner, presented file number 1041-0023, Beaver Creek Resort. He stated this matter was tabled from January 18, 2000. Mr. Katieb referred to a tabling request from Doug Cahill dated January 28, asking for a continuation ofthe tabling. He referred to the response from the Colorado Geological Survey dated January 20th. He stated this is basically the same response from Geoffrey Hines stating he would like to do a site visit. Therefore, Beaver Creek Resort is requesting a tabling until they can do the site visit. Doug Cahill was present for the hearing stating they must leave it open ended so that Colorado Geological Survey can make the site visit. Commissioner Johnson suggested they table it to the first Monday after the first of July. Commissioner Phillips moved to table file number 1041-0023, Beaver Creek Resort, to July 10, 2000 at the applicants request. Commissioner Johnson seconded the motion. The vote was declared unanimous. Request for Easement, Saddleridge Development, LLC Jim Fritze presented a request for easement across Airport property for Saddleridge Development, LLC. He stated in prior discussions with the Board it was determined to have the applicant corne and do a presentation for the Board. John Goodman, Attorney representing the applicant, presented a County Assessor Tax Map and a surveying document prepared by High Country Engineering. He gave the Board an overlay showing the relevant improvements. He stated there are three items noted, BLM Access which is currently in place, a 20 foot access easement and a 60 foot easement. He stated they are not asking for access as they believe there are two easements encumbering the County parcel, previously known as the Hoffman Exemption. He stated they are continuing to work with the County in terms of where the applicants access should go. He stated the 60 foot easement on the Airport/Gateway boundary is useless. He stated that easement did not show up in the County's title work. He stated there is a 20 foot access easement which comes 6 01-31-2000 through the chain of title, which is an interesting chain, and they believe it was expanded to a 100 foot easement by Jim Elwood, Airport Manager. Chairman Stone stated he did not see the 100 foot easement in the title commitment. Commissioner Johnson questioned going from a 20 foot easement to a 100 foot easement. Mr. Goodman stated there was a 20 foot access easement that went up the existing road. In approximately 1997, there was an informal arrangement between the developers and Eagle County, whereby the County wanted to extend the east side of the runway. They needed dirt in order to do that extension. A deal was struck where the applicant had dirt on their property, which was brought down the road, across Cooley Mesa Road to the runway. He stated it was represented if the applicant gave the dirt, provided engineering requirements and a location for that road, the County and the County's contractor would build that road. He stated that road is essentially 100 feet wide, was built by the County. We did not charge the going rate for the dirt and had other incremental costs. It was an exchange. Commissioner Johnson asked about a written contract. Richie Gilbert, applicant, stated back in 1997, two of the members of the LLC approached Mr. Elwood with this proposal. He stated the deal was that the dirt was worth $1.00 to $2.00 per yard. The County received 400,000 yards of dirt. He stated in exchange for the dirt the County's contractor built what is now known as the haul road. He stated some monies were received from the contractor which was used for the pump station and revegetation. Chairman Stone asked if there was any other benefit the applicant received from having the dirt moved from that site. He asked to see the documentation that evidences that easement. Mr. Goodman stated he can show documentation for the 20 foot easement but the 100 foot easement is a legal argument. Mr. Fritze questioned who's dirt it was. Mr. Gilbert stated some of the dirt belonged to Gateway and part Saddleridge. Mr. Goodman stated he would be happy to show the Board the 20 foot easement. He stated the applicant is not proposing a 100 foot easement. He stated they would like to work with the County in terms of proposing a solution. Mr. Gilbert presented an engineering drawing from High Country Engineering that was submitted to Mr. Elwood in 1997. He presented the Board with a copy of the Hoffman Exemption deed, recorded in book 674 page 705. He stated this represents the conveyance ofthe Hoffman Exemption property. The last page of this deed reads as follows: "The County took possession of the property subject to an easement 20 feet in width for access from U.S. Highway 6 extending along the course of Cooley Mesa Road to the South line of tract 53. Recorded July 23, 1981, Book 326, Page 424." Mr. Goodman stated that description has been plotted on the engineering map before the Board. He showed the Board a document supporting Mr. Gilbert's statement concerning the 60 foot easement. He showed the Board an engineering study done by High Country Engineering. He stated this is a profile of the 60 foot easement that occurs on the eastern side of the Hoffman Exemption property and the western side of Airport Gateway property. Chairman Stone stated on the presented documents it indicates it is a BLM access easement. He questioned the applicants right to a BLM access. Mr. Goodman stated that is considered muddy waters. He presented a survey of the Saddleridge property. He explained the western parcel of Eagle County land and where the runway was. He pointed out the Hoffman Exemption property also owned by Eagle County at the current time. Mr. Goodman also pointed out Gateway property and Saddleridge property. He stated the BLM property lies to the South. He related he has the documents in the chain of title for each of these properties. He stated at one time Dr. Hoffman owned the Gateway, Hoffman and Saddleridge properties under various entities or his own name. 7 01-31-2000 Commissioner Johnson questioned Dr. Hoffman owning the properties under corporation names or his personal name. Mr. Goodman stated he owned the properties under his own name, Dr. Michael Hoffman Pension Plan and Trust, Michael D. Hoffman Profit Plan & Trust and Bermoni & Associates, and entity of Texas. He believes there is unity of title as three of the properties were controlled by one party. He spoke to implied easements. He related in public record there is not only the 20 foot easement, which goes from Highway 6 to the property, but also the 60 foot easement. He stated he believes there are other easement implied that mayor may not be useful for this hearing. He stated there are implied easements implied against some of the properties. Commissioner Johnson stated within the Land Use Regulations it allows for the merger doctrine as far as merging parcels of land, which requires it be under one ownership. He stated there are four entities yet they are controlled by one person. Mr. Fritze stated these would not be the same entity unless they were constructed so. They are legitimate separate entities. Therefore there would be no merger. He stated a trust for the benefit of one employee is different from property they own. Mr. Goodman stated unity of title does not help their case. He stated they do not want to be in litigation. He stated they already have a 20 foot wide easement and a 60 foot wide easement. He stated he is not asking the County to acknowledge an implied easement for necessity. He stated they do not want to be involved in litigation with the County. He stated it would be interesting for the Board to see ifthe different ownerships there and what the documents are trying to do. He stated there is a 20 foot access easement from Highway 6 to Tract 53. He suggested maybe a way to resolve this is to vacate the 60 foot easement which would un-encumber the County land in exchange for the Board acknowledging something between 20 and 100 feet. He stated 60 feet may work and the applicant could work with the County on costs and maybe the applicant could assure there would be no utilities in the road as well. Chairman Stone stated he appreciates the presentation from the applicant. He stated the opinions of the applicant regarding opinions and chain of title are just opinions. He stated he does not want the County to seem like a bunch of bad guys. There is a situation that needs to be resolved. He stated the Board must look around the corner to determine the consequences of their actions. He stated his response is if there is a suggestion or offer of possible tradeoffs. He stated he is not sure of what harm the 60 foot easement causes the County and what benefits the vacation would be. He asked what brought this before the Board at this time. Mr. Goodman stated Saddleridge LLC currently has a contract to sell the property to a company out of Kansas City, Missouri. He stated the contract is for 2.2 million dollars. If the contract fails due to access then the applicant has a substantial problem. He stated the parcel is being contemplated for a retirement development with assisted living and a hospital and medical facility. Chairman Stone asked if this property is in the Town of Gypsurn. Mr. Goodman answered yes. Commissioner Johnson asked if there have been approvals from the Town. Mr. Gilbert stated the property was zoned commercial but there are no plans before the Gypsum Town Board at this time. Mr. Goodman answered yes. He stated they currently have title insurances insuring access. Chairman Stone questioned what route is used for access. Mr. Goodman stated the route being used is under book 326 page 424. He stated that route is on the applicants deed. Chairman Stone stated would the 60 foot BLM access easement technically serve the development. Mr. Goodman answered no. He stated this is a commercial road that has certain requirements in terms of the grade and width. He stated they assumed an 8% maximum allowable center line grade and did a profile starting at Cooley Mesa Road. He related it daylights passed their property boundary. This 8 01-31-2000 cut to go in the 60 foot area would result in road cuts of 63.8 feet deep. In order to have that not collapse on a vehicle there would need to be cuts of approximately 400 to 500 feet wide. Chairman Stone questioned the 20 foot easement on the haul road. Mr. Goodman stated for a commercial road the lanes must be 14 feet wide with a shoulder. Chairman Stone stated there is a problem with the grade on the 60 foot easement and width on the 20 foot easement. He questioned if there was any other access to this property. Mr. Goodman stated he is not aware of any. Mr. Fritze questioned the deed submitted by Mr. Goodman in book 326 page 424. He stated his office has been to the Clerk & Recorder's Office twice and have not been able to pull that deed. He stated the deed submitted by Mr. Goodman has a stamped page of238 and not 424. Mr. Goodman referred to a Colorado Ute Access Easement and the Brush Creek Land Trust deed when they refer to book 326 page 424. He showed Mr. Fritze the Colorado Ute Access Easement recorded at book 326 page 424. He referred to "exhibit a" which is a warranty deed. He read from the document ad follows: "Further subject to the exceptions set forth on exhibit b." Mr. Goodman read from "exhibit b, number 8" as follows: "Easement 20 feet in width for access from US Highway 6, extending along the course of Cooley Mesa Road to the south line of Tract 53." Chairman Stone stated the applicant would like to trade out with Eagle County by vacating the 60 foot easement and receive larger than a 20 foot easement to help resolve their problem. Mr. Fritze stated there would still be a BLM easement at the same location. He stated BLM believes they have the right to an easement through Saddleridge. Mr. Goodman showed on a map the location of the BLM easement and related it is still there. Commissioner Phillips asked if there has been any consideration given to another location. Mr. Good stated they have not contacted either ofthe other two property owners. Chairman Stone stated he is trying to state the issue in as simple terms as possible. The 60 foot easement does not work out for grade and the 20 foot haul road does not work due to width. Therefore the applicants problem is how to overcome that. He questioned what the potential consequences to Eagle County if they were to grant an easement and how those consequences would be mitigated. He wants a trade that is beneficial to both parties. Mr. Goodman stated he believes there are previous actions taken that need to be considered. He stated in the conveyances it speaks to an easement of unspecified width for perpetual ingress and egress over and across a roadway as it now exists or as it may exist in the future. He stated that same language was in the deed given to the applicant by the County. He stated they do not want to place the County in a difficult position. Mr. Fritze stated part of the Board's problem is the applicant wants to sell this property and pave the road. The County anticipates taking more dirt out of that area and would then be giving a road and faced with the expense of re-paving. If there is no paved road they are not faced with that. He stated going back to what the County sees for the Colorado Ute Electrical Association access easement, contains the language that the purpose of this easement is to insure the right of ingress and egress to an electric transmission line, which the grantee will construct, reconstruct, operate, repair and maintain. It is an easement for Holy Cross to get to an electric line and not an easement for access. Mr. Goodman stated the scope of that easement changed over time. He stated Eagle County owned the Saddleridge parcel then owned the Hoffman Exemption parcel. Commissioner Johnson stated the decision is what is in the best interest of Eagle County. What harm is presented to this parcel if an easement is granted in the area the applicant is looking at. Mr. Goodman stated please keep in mind this is a possibility, one of the things he has learned is we could be involved in a lawsuit. Yes we could and it takes one to two years. Anytime there is an opportunity for an exchange it is a good idea to work together. He stated by working together we at least 9 01-31-2000 know what we are going to end up with. Commissioner Phillips asked what the applicant would like to see. Mr. Goodman stated they would like to see a road in the current location. He stated a road that would meet County standards as far as width and grade. The applicant will pave it. They will then attempt to dedicate it to the Town of Gypsum for maintenance and plowing and there will be no utilities in the roadway. He asked if the Board required additional information. Commissioner Phillips stated she would like to take this information and get back to the applicant via a letter with their decision. Commissioner Johnson stated he would like to give direction the Attorney's Office to enter into negotiations or some other type of solutions by Monday, February 7, 2000. He stated any additional information should be submitted to the Attorneys Office. There being no further business to be brought before the Board the meeting was adjourned until February 7, 2000. d~-~ Chai an Attest: Clerk to the Bo 10 01-31-2000