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RECEPTION#: 557536, 03/26/2009 at
11:34:48 AM,
1 of 4, R $0.00 Doc Code RESOLUTION
Janice K. Vos Caudill, Pitkin Coun#y, CO
AN EMERGENCY RESOLUTION OF THE BOARD OF COUNTY COMIVIISSIONERS OF
PITKIN COUNTY, COLORADO, DESIGNATING THE EMMA STORE AND MATHER HOUSE,
TO THE PITKIN COUNTY HISTORIC REGISTER
Resolution No.dl 2009
RECITALS
1. Pitkin County Open Space & Trails ("Applicant") has requested that the Pitkin County Board of
County Corrunissioners ("BOCC") designate the Emma Store buildings which consist of the Mather
House, the East and the West Store buildings and the Powder House, collectively known as~ the
Emina Townsite, to the Pitkin County Historic Register.
2. The parcel is located at 1611 Emma Road at the intersection State Highway 82 and Emma Road.
3. The parcel contains approximately 12 acres and is conforming in size for the AR-10 zone district.
PID#2465-124-00-015. (Legal Description, Exhibit A).
4. In 2006, pursuant to BOCC Resolution No. 062-2006, an appeal was filed in order to overturn a
Community Development Department denial of a demolition permit for the "Emma Store"
structures. The Mather House was designated to the Pitkin County Historic Inventory in 2006,
pursuant to Hearing Officer Determination No. 55-2006. "The parcel also received 1041 Hazard
Review, Conceptual Submission, Special Review and GMQS Exemption pursuant to the same
Hearing Officer Determination. The other "Emma Store" structures were not included in the
application. There were no site plans or covenants recorded in association with this
Determination. Additionally, no application was ever submitted for listing on the State and
National Historic Registers.
5. The property was acquired by Pitkin County Open Space and Trails on July 9. 2008 pursuant to
Ordinance No. 019, Series of 2008.
6. The East and West Emma Store buildings, the Powder House and the Mather House were
constructed in approximately 1898 to serve the local ranching and agricultural community. The
Einma Store buildings are the only existing Victorian Era commercial examples in the County
and the Mather House is one of the more substantial examples of Queen Anne style homes.
Together, the four structures form a historic district and are interconnected in their significance.
7. The BOCC fmds that the Emma Townsite, which consists of the Mather House, the East and West
Store buildings and the Powder House are each more than 100 years old, retain an exceptionally
high degree of integrity, and are significant for their representation and high level of architectural .
detail of nineteenth century commercial structures, as well as their contribution to the history of
Einma and the Roaring Fork Valley, and therefore, are eligible for designation to the Pitkin County
Historic Register.
NOW THEREFORE BE IT RESOLVED by the BOCC that it does hereby designate the Mather
House, the East and West Store buildings and the Powder House, collectively known as the Emma
Townsite to the Pitkin County Historic Register. Any alterations to the structure, including maintenance
of the building, shall be governed by the Pitkin County Historic Preservation Guidelines.
Resolutio~~ No. 0 -2009
Page 2
INTRODUCED, FIRST READ, ADOPTED AS AN EMERGENCY RESOLUTION ON the 25~' day
of March, 2009 AND SET FOR CONFIRMATORY READING AND PUBLIC HEARING ON the 8`~
day of April, 2009.
NOTICE OF CONFIRMATORY PUBLIC HEARING AND THE FULL RESOLUTION published in
the Aspen Times Weekly on the 29`'' day of March, 2009.
CONFIItMED AFTER A DULY NOTICED PUBLIC HEARING ON the 8`'' day of April, 2009.
PUBLISHED BY TITLE AND SHORT SUMMARY, AFTER ADOPTION, in the Aspen Times
Weekly the 19~' day of April, 2009.
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
~~Z. -
A ST: Patti Kay-Cl pper, C air
Date 63-0,75- y 7
Je ette Jones,
De uty Clerk and Rec der
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
John EI my A ey Cindy Houben, Community Development Director
Case # PO18-09
PID # 2465-124-00-015
..--.y
Resolution No. ~-2009
Page 3
EXHIBIT "A"
• LEGAL DESCRIPTION
A parcel of land in Tract 88, Tract 61 and Lot 29, Township 8 South, Range 87 West of the 6th P.M.,
described as follows:
Beginning at A.P. 3 Tract 88, which is monumented with a 1924 GLO Brass Cap;
thence N 0°07'21" E 281.76 feet to AP2 Tract 88 which is monumented with a 1924 GLO Brass Cap;
thence N 89°40'46" E 1285.43 feet to AP8 Tract 49 which is monumented with a 1924 GLO Brass Cap;
thence along Tract fine AP8-AP9 Tract 49 N 0°02'47" E 104.40 feet;
thence East 1212.37 feet;
thence S16°49' E 0.54 feet to the Southerly corner of the parcel described in Book 165 at Page 455 of the
Eagle County records, which is monumented with an Aluminum Cap marked "PE-LS 2376';
thence along a fence line S 58°51'30" W 27.68 feet;
thence along a fence line S 73°20' W 314.69 feet to a point on the North line Section 13 as shown on
'9/Vither's TWP Plat approved 1889";
thence along said North line of Section 13 (1889) West 109.42 feet;
thence S 74°34' W 73.47 feet;
thence S 69°51' W 258.37 feet;
thence S 71°09' W 290.53 feet;
thence S 81°57' W 123.74 feet;
thence 5 89°43' W 189.62 feet;
thence S 0°10'53" W 24.88 feet to a fence line; '
thence along a fence line N 88°05' W 345.75 feet;
thence along a fence line S 86°17'20" W 194.82 feet;
thence along a fence line S 88°31'55" W 521.39 feet;
thence S 74°30'28" W 105.95 feet to the Point of Beginning.
Excepting from the above that potion granted to the Department of Highways in Rule and Order recorded
March 15, 7989 in Book 587 at Page 745.
Reserving unto Gwendolyn G. Thomas and Vivianne Thomas, their heirs, grantees and assigns a
permanent right of way, for access and underground utilities to the following described (2) parcels of
property described below (as shown in the recorded General Warranty Deed recorded June 2, 1998 as
Reception No. 417650):
PARCEL A
A parcel of land in Tract 61, TBS, R87W of the 6th P. M., County of Eagle, State of Colorado and more
particularly described as follows:
Beginning at A.P. 8 Tract 49, which is monumented with a 1924 GLO Brass Cap;
thence along the tract line AP8 -AP9 Tract 49, N. 00°02'47" E. 104.40 feet;
thence N. 90° E. 756.43 feet to the True Point of Beginning:
thence N. 00°02'47" E. 527.04 feet to a point on the South R.O.W. line of the State Highway;
thence along the South R.O.W. line of the State Highway N. 72°50' 51,99 feet;
thence along the South R.O.W. line on a curve to the right 427.29 feet (R=1850.00 feet
D=13°14', CH= 426.34 feet);
thence along the South R.O.W. line N. 86°04' E. 33.40 feet;
thence N. 80°21' E. 100.50 feet;
thence N. 86°04' E. 48.30 feet;
thence S. 00°52' E. 300.31 feet;
Resolution Nad~D -2009
Page 4
thence N. 75°58' W. 336.69 feet;
thence S. 16°49' E. 443.22 feet;
thence N. 90° W. 455.94 feet to the True Point of Beginning. ,
PARCEL B
A parcel of land in Tract 49, T8S, R87W of tfie 6th P. M., County of Eagle, State of Colorado and more
particularly described as follows:
Beginning at A.P. 8 Tract 49, which is monumented with a 1924 GLO Brass Cap;
thence along the tract line AP8-AP9 Tract 49, N. DO°02'47" E. 104.40 feet to the True Point of Beginning;
thence along the tract line AP8-AP9 Tract 49, 00°02'47" E. 213.73 feet to the South R.O.W. line of the
State Highway;
thence along the South line of the R.O.W. N. 63°27'60" E. 237.28 feet;
thence along the South R.O.W. line on a curve to the right 458.56 feet (R=2805.00 feet,
D=09°22', CH. = 458.05 feet);
thence along the South line of the R.O.W. N. 72°50' E. 124.82 feet;
thence S. 00°02'47" 527.04 feet;
thence N. 90°W. 756.43 feet to the True Point of Beginning.
Reserving unto Gwendolyn G. Thomas and Vivianne Thomas, their heirs, grantees and assigns a thirty
(30} feet in width lying fifteen (15) feet on either side of the centerline described as follows:
A 30 foot easement, 15 feet on each side of described centerline for the purposes of ingress and egress
across the parcel of land situated in Tract 88, Tract 61, and Lot 29 all in Section 12, Township 8 South,
Range 87 West of the Sixth Principal Meridian, Pitkin County, Colorado. The centerline of said ingress
and egress easement is more fully descirbed as follows:
Commencing at Angle Point No. 8, Tract 49, said monument being established in 1924 by the
Government Land Office;
thence North 82°08'34" East, a distance of 763.68 feet to the northerly boundary of the above described
Land the True Point of Beginning;
thence South 00°02'47" West, a distance of 110.84 feet more or less to the southerly boundary of said
parcel the terminus of said ingress and egress easement.