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HomeMy WebLinkAboutbocc.res.059.1999RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, GRANTING FINAL PLAT APPROVAL TO THE NORTH FORTY PUD SUBDIVISION Resolution No. 99- 3'? RECITALS 1. Bidgle, LLC ("Applicant") has applied to the Board of County Commissioners of Pitkin County, Colorado ("BOCC") for approval of a Subdivision/PUD Final Plat pursuant to the Pitkin County Land Use Code. 2. The subject property is located on Highway 82 adjacent to the Aspen Airport Business Center and is more specifically described in Exhibit A, attached. 4. The Board heard this application at a regularly scheduled Public Hearing on March 10, 1999, at which time evidence and testimony were presented with respect to this application. 5. The Board determined that the proposed activity meets the applicable criteria established in the Land Use Code, provided the conditions listed in this resolution are � ., adhered to. J V - w F NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners atwE of Pitkin County, Colorado, that it does hereby grant Subdivision/PUD Final Plat a 0 approval to the North Forty PUD project, subject to the following conditions which shall o .• run with the land and be binding on all successors in interest: omoi- a� 1. The Applicant or development entity or successors and assigns shall adhere to rc GI material representations made in the applications and in the public meetings. mmi • NGI 2. All conditions and requirements of BOCC Resolution No. 96-286 (Conceptual =m Subdivision/PUD) and Resolution No. 98-99 (Detailed Subdivision/PUD) shall be adhered o to unless specifically modified by the terms of these conditions. - (...1 3. Prior to recordation of the Final Plat the County Attorney's Office shall review and IIMMI m rc approve the Final Plat documents, the Subdivision Improvements Agreement, the Avigation N °D Easement, the escrow agreement, the water service agreement, the Paepcke Trust property EMI fq° u easement, the easement for the proposed trail from the AABC to the Rio Grande Trail, the o r contract with Aspen Consolidated Sanitation District, the easements with RFTA, and the Protective Covenants for form and content. The final plat may not be recorded until the County Attorney's Office has approved each of these documents. 1111111 11111 111111 I111 IIIIIII II IIIIIIII III IIIII IIII IIII 429983 04/16/1999 04 06P RESOLUTI DAVIS SILVI 1 of 8 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO Resolution No. 99- 5q Page 2 4. Prior to recordation of the Final Plat the applicant shall provide a title commitment and a Phase I Environmental Audit for the property to be dedicated to Pitkin County for the County Attorney's review and approval. The deed for the property to be dedicated to Pitkin County must be accepted by the BOCC by ordinance prior to plat recordation. 5. Prior to recordation of the Final Plat the Applicant shall present a plat and GIS disk meeting all requirements of the Code for review and approval of the County Engineer, the County Attorney, and Community Development Director. 6. Prior to recordation of the Final Plat the County Engineer and Community Development Director shall review and approve a drainage and erosion control plan and berm construction plan submitted by the Applicant. 7. An additional pedestrian enhancement plan addressing pedestrian movements between the existing AABC residential units and the mass transit stop on Highway 82 shall be developed by the Applicant. An agreement on the parameters and timing of the preparation of this plan shall be reached between the Applicant and the County prior to recordation of the Final Plat. NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE 23'd DAY OF JANUARY, 1999, AND THE 27th DAY OF FEBRUARY, 1999. INTRODUCED, FIRST READ AT THE REGULAR MEETING ON THE 24TH DAY OF FEBRUARY, 1999. APPROVED AND ADOPTED AFTER SECOND READING AND PUBLIC HEARING HELD ON THE loth DAY OF MARCH, 1999. PUBLISHED AFTER ADOPTION IN THE ASPEN TIMES WEEKLY ON THE 3 v a DAY OF PcQv . \ ,1999. 111111 11111 111111 1111 11111 111111 111111 III 11111 1111 1111 430221 04/23/1999 02:05P RESOLUTI DAVIS SILVI 2 of 8 R 0.00 D 0 00 N 0.00 PITKIN COUNTY CO 111111111111111111111111111111111111111 I 111111111111111 429983 04/18/1999 04.08P RESOLUTI DAVIS SILVI 2 of 8 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO Resolution No. 99- Page 3 ATTEST: Deputy Clerk and Recorder BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO B *nee£ ,i/ Leslie J. Lamont, 3"air DATE: VA/re APPROVED AS TO FORM RECOMMENDED FOR ADOPTION J.cm)), f9 John Ely Cindy Houben Cou ttorney Community Development Director lancet/cases/n4Ofpres.doc P158-98 2643-344-00-003 carevmlO3/2999 111111 IIIII 111111 I1ll II III'lull IIIIII III 11111 IIII IIII 430221 04/23/1999 02:05P RESOLUTI DAVIS SILVI 3 of 8 R 0.00 D 0 00 N 0.00 PITKIN COUNTY CO 1111111 lull IIIIII IIII IJIllll II IIIIIIII 111 1111111111101 429983 04/18/1999 04 08P RESOLUTI DAVIS SILVI 3 of 8 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO LEGAL DESCRIPTION OF NORTH FORTY OWNED BY BIDGLE, LLC Tract B-3, Tract B- 4 and Tract B-5 combined, Aspen Center, in that part of SE 1/4 of Section 34, Township 9 South, Range 85 West of 6th P.M., Pitkin County, State of Colorado more particularly described in attached 1111111 11111 111111 1111 IIIII 111111111111 III IINI 11111111 430221 04/23/1999 02:09P RESOLUTI DAVIS SILVI 4 of 8 R 0.00 D 0 00 N 0.00 PITKIN COUNTY CO 111111 11111 1111 Mill II 11111111 III 11111 1111111 429983 04/18/1999 04:08P RESOLUTI DAVIS SILVI 4 of 8 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO 381863 8-782 P-566 10:31R PG 2 OF 5 The land referred to in the Commitment is covering the land in the State of Colorado, County of Pitkin , described as follows: PARCEL A• TRACI' B-3 ASPEN CENTER, described as follows: Part of the Southeast one -quarter (SE1/4) of Section 34, Township 9 South, Range 85 West of the 6th P.M., described as follows: Commencing at the Southeast corner of said Section 34; thence North 3°29'38" Bast, along the Cast line of said Section 34, 810.00 feet; thence South 62°50'50" West, along the North line of Tract A2, 1,100.38 feet to a point of the East right-of-way line of State Highway 82; thence on an angle to the right of 90° and along a curve to the left having a radius of 1,960.00 feet, a central angle of 3°57'50" and along said East right-of-way line an arc lei gth of 135.60 feet to a point of tangent; thence along said tangent and along said East right-of-way line North 31°07' West, 652.50 feet to. the True Point of Beginning; thence North 58°53' East, along the North line of Tract B-2, 987.89 feet, thence North 35°34'57" West, 76.37 feet to a point of curve; thence along a curve to the left having a radius of 210.00 feet, a central angle of 15°34'31" an arc length of 57.09 feet to a point of tangent; thence along said tangent North 51°09'28" West, 191.02 feet to a point of curve; thence along a curve to the right having a radius of 420.00 feet, a central angle of 15°16'30" an arc length of 111.79 feet to a point of tangent; thence North 35°52'58" West along said tangent 56.20 feet; thence South 58°53' West, 875.75 feet to a point on the East right-of-way line of State Highway 82; thence South 31°07' East along said East right-of-way line 476.23 feet to the Point of Beginning; excepting and reserving the following: G8-3, which is a part of the Southeast one -quarter (SE1/4) of Section 34, Township 9 South, Range 85 West of the 6th P.M., Pitkin County, State of Colorado, more particularly described as follows: Beginning at the Southwest corner of the above described Tract B-3; thence North 58°53' East along the South line of Tract 13-3, 100.00 feet; thence North 31°07' West, 476.23 feet to a point on the North line of said Tract B-3; (Continued) FIRST AMERICAN TITLE INSURANCE COMPANY IININIII 1111NEI111111111111ill IIIII1011111 430221 04/23/1998 02:05P RESOLUTI DAVIS SILVI 5 of 8 R 0.00 D 0 00 N 0.00 PITKIN COUNTY CO AN IIIII111111111 MIDI 1111111111 III 11111 11111111 429983 04/18/1999 04 08P RESOLUTI DAVIS SILVI 5 of 8 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO LEGAL DESCRIPTION (continued) Order No. 403940 -C theme South 58°53' West along said North line of Tract B-3, 100.00 feet to a point on the East right-of-way line of State Highway 82; thence South 31°07' East along said East right-of-way line 476.23 feet to the Point of Beginning. PARCEL B TRACT B-4 - ASPEN CENTER, described as follows: Part of the Southeast me -quarter (SE1/4) of Section 34, Township 9 South, Range 85 West of the 6th P.M., Pitkin County, State of Colorado, more particularly described as follows: Commencing at the Southeast corner of said Section 34; thence North 3°29'38" West, along the East line of said Section 34, 810.00 feet; thence South 62°50'50" West, along the North line of Tract A2, 1,100.38 feet to a point of the East right-of-way line of Highway 82; thence on an angle to the right of 90° and along a curve to the left having a radius of 1,960.00 feet; a central angle of 3°57'50" and along said East right-of-way line an arc length of 135.60 feet to a point of tangent; thence along said tangent and along said East right-of-way line North 31°07' West, 1,128.73 feet to the True Point of Beginning; thence North 58°53' East, along the North line of Tract B-3, 875.75 feet; thence North 35°52'58" West, 535.05 feet; thence South 58°53' West, 831.30 feet to a point on the East right-of-way line of State Highway 82; thence South 31°07' East, along said East right-of-way line 533.20 feet to the Point of Beginning; excepting and reserving the following: GB-4, which is a part of the Southeast me -quarter (SE1/4) of Section 34, Township 9 South, Range 85 West of the 6th P.M., Pitkin County, State of Colorado, more particularly described as follows: Beginning at the Southwest corner of the above described Tract B-4; theme North 58°53' East, along the South line of Tract B-4, 100.00 feet; thence North 31°07' West, 533.20 feet to a point on the North line of said Tract B-4; thence South 58°53' West along said north line of Tract B-4, 100.00 feet to a point on the East right-of-way line of State Highway 82; (Continued) 99-s9 111111 11111 111111 1111 11111 111111 111111 III 11111 1111 1111 430221 04/23/1999 02:05P RESOLUTI DAVIS SILVI 6 of 8 R 0.00 D 0 00 N 0.00 PITKIN COUNTY CO 111111111111111111111111111111111111111111111 IIII IIII 429983 04/16/1999 04 06P RESOLUTI DAVIS SILVI 6 of 8 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO FIRST AMERICAN TITLE INSURANCE COMPANY LEGAL DESCRIPTION (continued) Order No. 403940 -C R:99-5? thence South 31°07' East, along said East right-of-way line 533.20 feet to the Point of Beginning. PARCEL C• TRACT B-5 - ASPEN CENTER, described as follows: Part of the Southeast me -quarter (SE1/4) of Section 34, Township 9 South, Range 85 West of the 6th P.M., Pitkin County, State of Colorado, more particularly described as follows: Cannencing at the Southeast corner of said Section 34; thence North 3°29'38" West, along the East line of said Section 34, 930.62 feet to the True Point of Beginning; thence on an angle to the left of 79°03'39" and along the curve to the right having a radius of 320.00 feet, a central angle of 46°58'20" an arc length of 262.34 feet along the East line of Tract B-1 to a point of tangent; thence along said tangent North 35°34'57" West, along the East lines of Tracts B-1, B-2, and B-3, 609.87 feet to a point of curve; thence along a curve to the left having a radius of 210.00 feet, a central angle of 15°34'31" an arc length of 57.09 feet along the East line of Tract B-3 to a point of tangent; thence along said tangent North 51 ° 09' 28" West, along the East line of Tract 8-3, 191.02 feet to a point of carve; thence along a curve to the right having a radius of 420.00 feet, a central angle of 15°16'30" an arc length of 111.97 feet and along the East line of Tia.,L B-3 to a point of tangent; thence North 35°52'58" West, along the East lines of Tracts 8-3 and B-4, 591.25 feet to the Northeast corner of Tract 8-4; them North 58.53' East, 220.76 feet; thence South 35°52'58" East, 572.90 feet to a point of curve; them on a curve to the left having a radius of 200.00 feet, a central angle of 15°16'30" an arc length of 53.32 feet to a point of tangent; theme along said tangent South 51°09'28" East, 191.02 feet to a point of curve; thence on a curve to the right having a radius of 430.00 feet, a Central angle of 15°34'31" an arc length of 116.89 feet to a point of tangent; thence along said tangent South 35°34'57" East, 609.87 feet to a point of curve; thence on a curve to the left having a radius of 100.00 feet, a central angle of 20°31'14" an arc length of 35.82 feet to a point on the East line of said Section 34; thence on an angle to the right of 52°36'33" and along said East line South 3°29'38" East, 234.73 feet to the Point of Beginning (Continued ) FIRST NIERICAN TITLE INSURANCE COMPANY 1111I1111II111III1111I 11111111111 I11111 III 1111111111111 430221 04/23/1999 02:0SP RESOLUTI DAVIS SILVI 7 of 8 R 0.00 D 0 00 N 0 00 PITKIN COUNTY CO 11110111011100111111111111011111011111111111 429983 04/16/1999 04 06P RESOLUTI DAVIS SILVI 7 of 8 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO LEGAL DFSCRIPfION (oontirared) Order No. 403940 -C ,2. 99-s9 Execpt therefran that portion of Lot 11, Aspen Airport Business Center, as filed in Plat Book 4 Page 188. .Also being a part of The George P1amr Mining Claim, (U.S. Mineral Certificate No. 433), as Patented and described in United States Patent recorded December 1, 1955, in Bodc 180 at Page 579. NOTE: Portion of Parcel C included in Aspen Airport Business Center, Flg. 1, filed in Plat Book 7 at Page 79. 381863 8-782 P-569 06/02/95 10:31A PG 5 OF 5 FIRST AMERICAN TITLE INSURANCE Ca4PANY 1111111 11111 111111 1111 11111 111111 111111 111 111II 1111 1II1 430221 04/23/1999 02:05P RESOLUTI DAVIS SILVI 8 of 8 R 0.00 D 0 00 N 0.00 PITKIN COUNTY CO 1111111 IIIII IIIIII 1111111111111111111111111111111111111 429983 04/16/1999 04:06P RESOLUTI DAVIS SILVI 8 of 8 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO