HomeMy WebLinkAboutbocc.res.087.1981 ; �
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� Recorded at 2:15PM October 7, 1981 Loretta Banner, Recorder Reception u �3�2gg *`�� ��:�c
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�: RESOLUTIO(J OF TNE BOARD OF COUWTY
COMMISSIONERS OF PITKIW COUNTY, COLORADO, ��G���� '''`''���
GRANTIfJ6 FIWAL PLAT AND PMH-PUD REZONING APPROVAL
C TO THE DOUBLE X QUARTER CIRCLE SUBDIVISION
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Resolution No. 81 - $�
WHEREAS, Jerry M. Gerbaz and Delores Stutsman are the trustees for the ,
owner of record of 16,42 acres of real property more specifically described . �
on the attached Exhibit A, and
, WHEREAS, the trustees have applied for rezoning of said property to �
PMH in order to accommodate development of one duplex on each of the eight �
new proposed parcels, and
WHEREAS, the Board is of the opinion that the proposed use of the PMH !'c
zone is appropriate in this case due to the following factors:
f 1: The subject property is located physica7ly adjacent to an already
developed urban node in the downvalley area, specifically, Aspen �
�.E Village.
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�°�� 2. The proposed development is within walking distance of an existing
�t commercial facili.ty, the Roaring fork Grocery.
� f;� 3, All building sites are within walking distance of mass transit _
4 routes which exi.st along Highway 82. �`�;
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4. The 1966 master plan identified the Gerbazdale Area as being appro-
priate for a neighborhood/cortmercial and residential/urban use.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Corrunissioners of
Pitkin Gounty, Colorado, that PMH-PUD Rezonin9 and Final Plat Approval are
� granted for the proposed eight lots subdivision subject to the following
conditions:
. F`
�= 1. The Double X Quarter Circle Subdivision is zoned PMH (permanent �
Moderate Housing District) under Section 3-1.7 of the Pi.tkin County
Code and lots 1 through 8 inclusive are restri.cted to ownership,
use, occupancy, resale and sale under middTe-income guidelines
adopted pursuant to Section 5-510.5(a)(2)(D) of the Pitkin County
Code. The foregoing shali be a covenant running with the land
� constituting the 5ubdivision. Each of said lots 1 through 8 inclu-
sive, wi.thin the Subdivision sha11 be limited to development in the
� form of a maximum of one duplex residence, one of which shall be
an ownership unit, and the second a rental unit, both of which shall (
be regulated as provided above. No resubdivision of any lot or �
;, improvement thereon shall 6e permitted. Such covenant shall be a �
' �,:_ burden and benefit to all lots situate therein and enforcib7e by
any owner of any lot therein, the Double X Quarter Circle Homeowner's ,
Association, the Board of County Cortanissioners of Pitkin County, !
Colorado, or any agency thereby created charged with the administra-
tion of permanent moderate housing in Pitkin County, Colorado, The
term of said covenenat shall be the lives of the present Board of �
County Gommissionars of Pitkin County, Colorado, plus twenty-one �
years. �
2. The provisions of the "Articles of Incorporation of Double X Quarter �
Circle Homeowner's Association, Inc." filed with the Department of
, State of the State of Colorado on June 29, 1981.
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�_ 3. The Lincoln DeVore Report of May 7, 1980 shall become a permanent part
k- of the record with those suggestions found in that report to be followed
in the development of all lots.
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4. 7he following restrictions or, if the applicant chooses, more restrictive
regulations, shall be deemed covenants running with the land and shall
I ; run for the period of life of the survivor of the present Board of
� County Commissioners of Pitkin County, Colorado, plus twenty-one (21)
`• years:
'�j "The subdividors as identified on the recorded plat of the
- Double X Quarter Circle Subdivision (hereinafter referred to
as "plat"j, their successors and assigns, shall not convey ;.
nor otherwise alienate, nor adversely affect any of the water
rights necessary to continue the irrigation of the historically
irrigated lands within the lands described on the plat. For
� the pu.r:poses of this provision, "adversely affect" means to
cause the reduction of the amount, duration, or quality of the
supply of water availa6le to satisfy an existing water use, or ;
P an alteration of the historic pattern of water available for �'.
an existing water use.
In the event there are any questions as to whether any water to
be conveyed or otherwise alienated is necessary. to continue
4r; irrigation of the historically irrigated lands described on the
r' plat,•the subdividers shall, at their expense, undertake any
� studies necessary to make a reasonable determination of the issue.
i; Should the subdivider elect to sell separate from the land on �`:
�> the plat all or any portion of ihe above-described water rights
±e; not restricted against the sale pursuant to this agreement, the ,.
----- �', 6oard of County Co�nissioners of Pitkin County, Colorado, ("Board")
�`f_ shall have the right of fi.rst refusal to meet any bona fide offer
# o of the sale on the same terms and conditTOns of such offer. In
such case subdividers shall provide tfie Board with a written
� �•. notice to the attention of the County Attorney of the proposed -
�` sale and the terms thereof, together with a copy of the proposed
�' sale contract, and the Board sha11 have a period of 30 days follow-
ing the Board's receipt of said notice in wfiich to elect in
writin9 to purchase the water rights at the same price and upon
� the same terms and condl`tions of said offer. Upon the Board's
failure to provide wri.tten noti'ce of electi:on to purchase the
� sub�ect water rights within thirty days after tfie Board's recei.pt
- �t of written notice as above descri6ed, the subdivider shall be
free to sell water rights or any portion tfiereof descri'bed in
such offer to such person in accordance with the terms and condi-
, tions of said offer."
. Approved by the Board of County Comm%ssioners at their regular meeting
�
- on August 24, 1981.
BOARD OF COUNTY COMMISSIONERS Of PITKIN
,
COUNTY, COLORADO
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. ATT T. � �
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Deputy County Clerk
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APPROVED AS TO FORM.
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ounty Attorn
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� Legal Description
� A parcel of. land situated in Lots 7, 11, 12 and 13• in
Section 6, Township 9 South, Range BS S9est of the
Sixth Pzincipal 23eridian, Pitkin County, Colorado, ,
lying southeasterly of the Watson Divide Road and
sbuthwesterly of the southwesterly right-o�-way Iine � .
of said Highway No. 82; said parcel of land is ' �
descxibed as follo��s:
�
Beginning 'at a point on the southezsterly line of said
t2atson Divide Road whence the West Quarter Corner of
said Section 6 bears N_ 89°59'36" W. 109A_22 feet;
� thence N. b6°07'97" E. 128_74 feet along said 4:atson �
Divi,de Road; thence N. 54°35'49" E.• 392. 84 feet along said
. j4atson Divide Road; thence N_ 73°00'00" E. 195_10 feet tf�
along said FTafson Divio'e Road� to its intersaction with g�
the sovthwesterly right-of-way line o£•said State p
Highway tJo_ 82•, thence 386_13 feet alona said Highcoay ' ' i�"
'right-pf-way on the arc of a curve to the le�£t, having
"3 a rac7ius of 1950_00 £eet, and a chord of which bears ':-�
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S_ 50°13'38" E. 385.51 feet; th2nce S. 55°5� '00" E_ I
�� 120.60 Seet along said Nighway right-of-way; thence �-
�� 922_02 feet along said Highway xight-of-way on the , +�
:(� • arc of a curve to the left, having a radius of
1950.00 feet, 'and a chord of which bears S_ 62°06'00" �q
�,',� E_ 42]._20 feet; thence S. 68°18'00" E_ 695_87 feet l��
#�. along said Highway right-of-way; thence leaving said . �
� j' Highway right-of-uay S_ 11°59' 00" Y7_ 169 _73 feet;
�` thence 5_ .77°31'47" S4_ 599_13 feet; thence' Is. 74°43'
!
. 59" W_ 689_DO feet; thence N. 60° 38'13" Sa_ 228_50 feet;
thence N_ 96°31' 93" W_ 653_23 feet to the ppint of • a
beginning. Excepting therefrom that certain parce2 of . Pr '
land described in Book 172 at Page B0. �-:
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A parcel 'of land described in Lots 9, 6, 7 and 11
of Section 6, Toa-nship 9 South, Ran je 85 S•7est of
- , x the Sixth PzinciPal •1•Seridian, and the NE� �;
� SS: of Section 1, Township 9 SouL-h, Range 86 West of
, the Sir.th Principal t•faridian, Pitkin County, Colorado, .
lying zn part easterly of� the westezly line o£ said
�. • Section 6, westerly of the westerly •right-of-way line ,
; o£ State �Highway No. 62, northerly o£ the S��atson
� , Divide Road and sou£herly in part o� the northerl.y ' '
line of said Secfion 1; said parcel of land is
{ described as follows: �
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Begi.nning at the Quarter Corner common to said Sections
�� 1 and 6, thence N. 00°52'S8" W_ G23_32 feet' along the
'� westerl.y line �of said Section 6, ihence N. 59°49'9 6" E.
° 1213_19 £eet to a point on the westerly r£ght-of-way �
line of �said 'State Highway No_ S2; thence S. 26'S4 '00" E.
� S58_61 ieei. along ihe wesL-erly zight-o�-way line of said
; J�ighway; thence 956.62 feet alono said highway rigY�t-of- �
' . way line on the arc of'a curve to the left, having a
a' � radius of 1950_00 ieet and a chord of which bears S. 33°
�
• 36'30" E. 455_SS feet; thence .S_ 90°19'00" E. 77.50 �
feet along said hiahway riaht--o£-way line; thence
100.11 feet along said highwa}� rigYit-oi'-way line on `.he " �
arc pf a curve to the lef t, havzna a radiu,s of 1950.00
feet and a chord of which }�ears S_ 41°97'15" E. 100.10 feet
to a point on i:he north�r.ly line of ihc S•:atson Divide !
Road; thence along ihe no� ther)y. line of the watson �
Diva.de Road for the, following 13�courses; .
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7`��oS�iis349E'J�etv*l137�il::�'i�•�ai�}„�a�n..,ic...iW.�'.:aft�i*k*r:a;a$ir<�l+id�J�11��NtEli9'A1�.4%�iA�°F,�,'���� .T'ti_ —r' i�s�n
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� Exhibit A - Continued. ;�0�4�.5 ���:�,SU`9 ?
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� thence S. 69°51'34" SJ. 129.77 feet; thence 'S. 59°35'99" W. �
393_50 feet; thence S. 6G°0�'47" W. 126.77 feet; thence �
80.90 feet along the arc of a curve to the left having
a radius of 197.25 feet and a chord of which bears
5_' 90'47'36" W_ 80_33 fe@t; thence S. 29'02'38 �i. 202.33
feet; thence 451_64 feet .along the are of a curve to � �.
the right having a radius of 427_82 feet and a chord of
which bears S. 59°17`13" W. 930.96 :eet; thence S. 89°
� 31'99" F. 237.61 feet; thence N. 62'32'33" W. 124. 21 �
_ - � feet; thence N. 61°08'99" W. 14.95 feet; thence 91.52 �
feet along the a're of a curve to the left, having a
radius of 81.11 feet, and a chord of r+hich bears S_ 86'
31'41" �+. 86.74 feet; thence S. 54°12'11" h. 75.78 feet; ' �
thence 56.13 feet along the arc of a curve to the
right; having a radius of 169_27 feet, and a chozd of
which bears S. 63°42'll" h. 55.88 feet; thence S. 73'12'
11" W. 115_28 feet; thence N_ 12°OG'S2" E. 498.29 feet
to the Quarter Corner cor••rnon to said Sections 1 and 6 . (,`•
. the point of beginning. � -
County of �Pit}:in . _ •
State of Colorado •
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