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HomeMy WebLinkAboutResolution 96-722&1 500896 B-999 P-261 11/08/1996 04.19P PG 1 OF 5 REC DOC NOT MILDRED AI.SDORF GARFIELD COUNTY CLERK AND RECORDER 0.00 STATE OF COLORADO ) )ss County of Garfield ) At a REGULAR meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Commissioners' Meeting Room, Garfield County Courthouse, in Glenwood Springs on MONDAY -,the 4th of NOVEMBER A.D. 19 96 , there were present: M ian I. Smith , Commissioner Chairman _ Elmer- (Bucky) Arbaney , Commissioner Arnold M kl , Commissioner Don _DeFord , County Attorney Mildred Alsdorf , Clerk of the Board Charles De ch n , County Administrator when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 96-72 A RESOLUTION CONCERNED WITH THE APPROVAL OF A ZONE DISTRICT AMENDMENT REQUEST BY HOLY CROSS ELECTRIC AND LAZY H SLASH ELEVEN, L. L. C.. :REAS-, HOLY CROSS-ELEC 11 1C AND LAZY i+SLAR11iLE—V EN; L.L.C. filed -a -petition - with the Board of County Commissioners of Garfield County, to rezone the herein described property described in Appendix A in Garfield County from Agricultural/Residential/Rural Density (A/R/RD) to Commercial/Limited (CIL). WHEREAS, the Board of County Commissioners of Garfield County have heretofore adopted and enacted a Zoning Resolution for Garfield County, Colorado, including as a part thereof, certain zoning maps regulating permitted uses upon the lands within Garfield County, Colorado; and WHEREAS, sections 30-28-109 through 30-28-1 16 C.R.S.. as amended, provide for the approval of all zoning plans and the adoption and amendment of regulations and resolutions to implement such zoning plans by the Board of County Commissioners of a given county; and WHEREAS, the applicant has given notice of public hearing upon such application by publication in a newspaper of general circulation in Garfield County and provided notice of said hearing to all property owners adjacent to said property subject to the zone district amendment, and such hearing having been held on October 21, 1996 and this Board having given full consideration to the evidence; and 500896 B-999 P-262 11/08/1996 04:19P PB 2 OF 5 WHEREAS, based upon the evidence, testimony, exhibits, review of the Comprehensive Plan for the unincorporated area of the County, recommendation from the Garfield County Planning Commission, comments of the Garfield County Planning Department, comments of public officials and agencies and comments from all interested parties in connection with said application, this Board makes the following findings in respect thereto, to -wit: That all applicable regulations regarding a Zone District Amendment have been complied with including, but not limited to, Section 1.0.00 of the Garfield County Zoning Resolution of 1978, as amended. 2. That proper publication and public notice was provided as required by law for the hearing before the Board of County Commissioners. 3. That the proposed zoning is in general compliance with surrounding land uses and zoning in Garfield County, 4. That the proposed zone district amendment is appropriate due to the change in circumstances in the surrounding land uses. 5. That the public hearing before the Board of County Commissioners was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at the meeting. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that the request of Holy Cross Electric and Lazy H Slash Eleven, L.L.C. for a zone district amendment rezoning the above described properties from A/R/RD to C/L be approved. Dated this ATTEST: Cler of the Board 7t1 -day of November A.D. 19 96 GARFIELD- COUNTY BOARD- OF COMMISSIONERS, GARFIELD COUNTY, COLORADO Chairman 500896 B-999 P-263 11/08/1996 04:19P PG 3 OF 5 Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: MARIAN I. SMITH CHAIRMAN OF THE BOARD ,Aye ARNOLD L.MACKLEY, COMMISSIONER ,Aye ELMER (BUCKEY) ARBANEY, COMMISSIONER ,Aye STATE OF COLORADO ) )ss County of Garfield ) I, , County Clerk and ex -officio Clerk of the Board of County Commissioners, in and for the County and State aforesaid, do hereby certify that the annexed and foregoing Resolution is truly copied from the Records of the Proceeding of the Board of County Commissioners for said Garfield County, now in my office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at Glenwood Springs, this day of , A.D. 19 County CIerk and ex -officio Clerk of the Board of County Commissioners 500896 B=999 P-264 ii/087/ 1096- 04: 11`-� P& 4 OF 5 - EXHIBIT "A" LEGAL DESCRIPTIONS Jackson Exemption Parcel 1 A tract of land situate in Section 26, Township 6 South, Range 89 West of the 6th Principal Meridian being more particularly described as follows: Beginning at a -point on the east R.O.W. line of Colorado State Highway No. 82 whence the west 1/4 corner of said Section 26 bears N. 27°40142' W. 544.81 feet; thence along said east R.D.W. line: the following three (3) courses: thence (1) N. 06°31'16" E. 187.45 feet; thence (2) N. 02031146" E. 228.80 feet; thence (3) N. 07032'46" E. 52.80 feet to a point on the east --west centerline of said Section 26; thence along said east --west centerline S. 86°59'29" E. 225.99 feet; thence S. 07°54'28" E. 725.89 feet; thence S. 69159'37" W. 382.99 feet to a point on said sast R.O.W. line; thence along said east R.O.W. line the following four (4) courses: thence (1) 34.73 feet along the arc of a curve to the left, having a radius of 2162.00 feet, a central angle of 0°55'1.4", and subtending a chord bearing N. 04°05'25" W. 34.73 feet; thence (2) N. 08024'14" W. 95.20 feet; thence (3) 210.48 feet along the arc of a curve to the right having a radius of 2172.00 feet, a central angle of 05°33'09", and subtending a chord bearing N. 01138'46" E. 210.40 feet; thence (4) N. 06031116' E. 55.95 feet to the point of beginning, excepting a 60' Red Canyon road R.Q.W. as shown on this plat, said tract containing 5.002 acres, more or less. Jackson Exemption Parcel 3 A tract of land situate in Sections 26 and 27, Township 6 South, Range 89 West of the 6th Principal Meridian being more particularly described as follows: Beginning at the east 1/4 corner of said Section 27; thence S. 86059'29" E. 31.21 feet along the north line of the SW4 of said Section 26 to the westerly R.O.W. line of the Denver and Rio Grande Western Railroad; thence S. 07°38'00" W. 458.28 feet along said west R.O.W. line; thence 98.63 feet along the arc of a curve to the left, having a radius of 1960.08 feet, a central angle of 02°52'59", and subtending a chord bearing S. 06°11'31" W. 98.62 feet along said west R.O.W. line; thence S. 80°51'00" W_ 826.90 feet to the center of the Roaring Fork River; thence N. 08°49'41" E. 369.53 feet along said river center; thence N. 15"09'15" E. 248.65 feet along said river center; thence N. 08°25'37" E. 100.31 feet along said river center to the north line of the SE 1/4 of said Section 27; thence S. 88°29'24" E. 720.56 feet along said north line to the point of beginning, containing 11.248 acres, more or less. 500886 B-999 P-265 11/08/1996 04:19P PG 5 OF 5 Jack Mitchell Parcel A tract of land situate in the SF4NE2'; of Section 27, Township 6 South, Range 89 West of the 6th Principal Meridian, and more fully described as follows: Beginning at the East Quarter Corner of said Section 27; thence N. 2054' W. 796.72 feet along the East line of said Section 27; thence S. 67019' W. 867.87 feet to the center of the Roaring Funk_ River-- •_ th e S ' 2--7 E439.11 f a. -; thence 8 u, L. L �ce� along the center of the Roaring Fork River; and thence S. 88°02' East 777 feet to the point of beginning. Also, that part of the SWINW' of Section 26, Township 6 South, Range 89 West of the 6th Principal Meridian lying westerly of the westerly line of the right-of-way of the Denver and Rio Grande Western Railroad Company. Together with any and all easements and rights-of-way appurte-nc�nt-to said above described land including the rights-of-- way described in Document No. 169887 in Book 245 at Page 210 and in Document No. 169889 in Book 245 at Page 213, as recorded in the office of the Clerk and Recorder of Garfield County, Colorado. Excepting from the a ove described property only those lands described as Parcels 1 and 2 of that certain Agreement for Sale and Purchase of Land recorded as Reception. No. 204232 in Book 315 at Page 154 of the Garfield County records, but not excepting prom the above described property those reservations to the sellers contained in said "agreement for Sale and Purchase of Land.