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Home My WebLink Aboutbocc.res.119.2008RECEPTION#: 553944, 10l3112008 at 12:17:38 PM, t oF a, R$0.00 Doc Code RESOLUTION Janice K. Vos Caudill, Pitkin County, CO RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITHIN COUNTY, COLORADO, GRANTING TWO CONSTRAINED SITE TDRS TO POULAHI LLC AND KOUKLA LLC Resolution No. ~~ -2008 RECITALS 1. Poulaki LLC and Koukla I,LC ("ApplicanY') have applied to the Pitkin Board of County Commissioners ("BOCC") for a constrained site determination and issuance of two Transferable Development Rights ("TDR") pursuant to Sec. 6-70-40.a.7 of the Land Use Code ("Code"). 2. The parcels are located on Redstone Boulevard, and are more specifically described in Exhibits A and B. 3. The Koukla LLC parcel contains approximately 18 acres and is zoned R-30 (approximately 10 acres) and AR-10 (approximately 8 acres); the Poulaki LLC parcel contains approximately 0.5 acres and is zoned R-30. 4. The BOCC reviewed the request for a determination as to whether the sites are "undevelopable or severely restricted" and, therefore, whether it would be appropriate to grant two constrained site TDRs at a duly noticed public hearing on October 22, 2008, at which time evidence and testimony were presented with respect Yo this application. 5. The BOCC finds that the parcels are undevelopable or severely constrained pursuant to the Code, based on the following: A. The parcels are within a rockfall hazard area. B. The portion of the Koukla parcel to the west of the Boulevard is within the 100 year floodplain and contains riparian area associated with the Crystal River. C. The parcels contain some slopes in excess of 30% along the eastem boundary. D. The property is impacted by one medium sized and two small, ephemeral drainage paths that are likely to convey debris flows or debris floods. 6. The BOCC finds [hat each parcel is eligible for issuance of one TDR for a constrained site. NOW, THEREFORE, BE IT RESOLVED, by the Board of Counry Commissioners of Pitkin County, Colorado, that due to the fact that the parcels are undevelopable or severely constrained under the Pitkin County Land Use Code, that two constrained site TDRs shall be granted to the Applicant or successors in interest, subject to recordation of a restrictive covenant preventing future development of the parcels. U Resolu!!on No. ~-2008 Page 2 APPROVED ON THE 22"" DAY OF OCTOBER, 2008. ATTEST: ~ QM J nette ones , ~k~v~ Deputy Clerk and Recorder 0 BOARD OF COUNTY COMMISSIO OF PITHIN COUNTY, COLORADO By /,~~-, L./l , i ~~~ - J i~u.JJack Hatfield, Chair man v Date iG /~Ji/2~{' ~~`" / APPROVED AS TO FORM: ~, John Ely County Attorney PID #272917400012/272917400023 Case PI10-08 APPROVED AS TO CONTENT: ~-_ '~E( c4~ • ~~,C ~JL~Se ~~C~ Cifidy Houben Community Development Director ~ .'~ ~x~~~~~~ ~ CHAIN OF TITLE Pitkin Couaty Title, Inc., a duly licensed Tifle Insurauce Agent in tl~e State of Colorado hereby certifies that '"POULAKI LLC, A COLORADO LIMITED LLABIIdTY COMPANY aze the owner's in fee simple of the following described properiy: PARCEL A: A tract of land situated in the SE1J4 NE1/4, Section 17, Township 10 South, Range SS West of the 6th P.M., described as follows: Beginning at a point on the East line of said SE1/4 NE114 whence the East 1/4 corner of said Section 17 bears N 0°53' W 575.30 feet; thence S 0°53' E 110 feet along the East line of said SE1f4 NE1/4; thence S 89°10' W 100 feet; thence North 0°53' W 110 feet; thence N 89°10' E 100 feet to the point of beginning. PARCEL B: A tracf of land situated in the NE%. SE'/., Section 17, Township 10 South, Range 88 West of the 6th P.M., described as follows: Begirtning at a point on the East Eine of saicf NE'/< SE'/,, whence the E'/. corner of said SecEion 17 bears N 0°53' W, 458.20 feet; thence S 0°53" E, 117.10 feet along East line of said NE% SE'/e; thence S 89°10' W 98.90 feet; thence N 1°28" W 117.10 feet; thence N 89°10' E 100.10 feet to the point of beginning. And the Chain of Trtfe is as foilows: PARCEL A: December 28,1970 Llewellyn to Delaney ut Book 252 at Page 749. November 19,1943 Delaney to Otde in Book 732 at Page S September 2,1994 Delaney to Olde in Book 7b0 at Page 381 PARCEL B: November 7,1985 'Williams to Williams in Book 498 at Page 677 December 20, t 993 Williams to Mattin in Book 736 at Page 31 Decembez 20, 1993 WiI&ams to Martin in Book 736 at Page 32 (Well Permit) September 2, 1994 Martin to Olde in Book 760 af Page 380 PARCEL A & B: October 16,1996 Olde to Nucleus Consuhauts Ltd. as Reception No. 398058 June 30, 2006 Nucleus Consultants Ltd. to Poulaki, LLC as ReceptionNo. 526001 This certificate is not to be construed to be a o~a~n4ee of title and is fumished for informational purposes only. PIZ'KIN COUNTY TITLE, INC. Certified to August 28, 2008 ai 8:OOAM BY: ~/'a~~J~a'`~` _ .~ 0000?0 3 ~~~~i ~ ~ CHAIN OF TITLE Pitkin Coimty Title, Inc., a duly licensed Title Insurance Agent in the State of Colorado hereby certifies that * KOLTKLA LLC, A COLORADO LIMIT'ED LIABILITY COMPANY are the owner's in f~ simple of the following described properiy: A parcei of land situated in the NE1l4 SE1l4, SEil4 SE1l4 and SE1/4 NE1/4 of Section 17, Township 10 South, Range 88 West of the Siuth Principal Meridian lying Easterly of the Easterly bank of the Crystal River, Southerly of the Northery line of said SE1 /4 NE1 /4 and Westerly of the Easterly line of said Sedion 17, said parcel of land is described as follows: Beginning a1 the East Quarter Corner of said Section 17 being an iron pipe with a brass cap and properly marked; thence S 00°02'29" E 1639.52 feet along the Easterly line of said Section 17; thence N 89°28'22" W 245.89 feet; thence S 85°03'34" W 11229 feet; thence S 77°13'17" W 93.93 feet; thence S 84°01'22" W 69.32 feet; thence N 57°15'24" W 56.58 feet; thence N 61 °54'01" W 296.61 feet to a poiM on the Easterly bank of said Crystal River, thence N 24°32'49" E 240.79 feet along the Easterly bank of said River; thence N 39°29'17" E 315.04 feet along the Easterly bank of said River, thence N 26°48'23" E 239.33 feet along the Easterly bank of said River; thence N 01'18'34" E 303.27 feet along the Easterly bank of said River; thence N 07°42'21" E 726.22 feet along the Easterly bank of said River, thence N 18°54'S7" E 864.69 feet along the Easte~ly bank of said River; thence N 66°32'25" W 76.67 feet along the Easterly bank of said River; thence N 05°43'52" W 27622 feet along the Easterly bank of said River to its intersection with the Northery line of said SE1/4 NE1/4 of said Section; thence N 88°03'00" E 135.42 feet more or less along the Northerly line of said SE1/4 NE1/4 to the Northeast comer of said SE1/4 NE1/4; thence S 00°10'00" W 1321.98 feet along the Easteriy line of said Section 17 to the East QuaRer Comer of said Section, the point of beginning. EXCEPTING therefrom those poRions described in instruments recorded in Book 188 at Page 417, Book 188 at Page 492, Book 190 at Page 598, Book 192 at Page 89, Book 192 at Page 211, Book 199 at Page 6, Book 252 at Page 749 and Book 286 at Page 273. And the Chain of Title is as follows: October 5, 1944 MacDonaid to Jarvis in Book 167 at Page 590 February 20, 1956 Jarvis to Llewellyn in Book 161 at Page 564 November 29, 1979 Delaney, Reeves 8 Mead to Llewellyn & Artaz in Book 379 at Page 920 August 12, 1993 Llewellyn & Artaz to Martin in Book 721 at Page 103 November 30,.1993 MaAin to Olde in Book 733 at Page 231 June 30, 2006 Olde to Koukla, LLC as Reception No. 525998 This certificate is not to be construed to be a~uazantee of title and is fwnished for infomiational purposes only. PITKIN COUNTY TITLE, INC. Certified to August 28, 2008 at 8:OOAM ~ 'JOOD38