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Home My WebLink Aboutbocc.res.119.1981 f• . ',. �'I � �,.��.:.•. .I . � s �g:' J - fi ::� { r'�?..'y"� K l�u^"•ti� ,.r�i'��.�C�.Jis'L".,:6 . .�t�''-, i �r � �f -y ... 4� -T�J�y 2�- �_� "1 �,} S. `>`. ..� I . 17 � ,`..,�I�..W!�l \ ��A�I7IlMi4i�.r(JK4.._..u, ..:�..�.�a.Y��1ti� .'f L.Lr�� ..f\n� ��w1.��.._...._�..��.�:�uu��.�Wx�l''OfV y` .... .:.. _" . . . �n �,.: k� ��vx � RECORDED AT 4:22 P.M 30 NOVEMBER, 1981 LORETTA BANNER, RECORDER �+z�r , �r,�.'. . . ..�vA�� [:� � I RESOLUTION OF THE BOARD OF COUNTY COMMISSIOf�ERS E 237439 OF PITKIN COUNTY, COLORADO, GRANTING n +� FINAL PLAT APPROVAL FOR THE �'�Qr'�� ::'":`��i RESUBDIVISION OF ASPEP� RIVER VALLEY RANCH,LOT 1 .� ; Reso7ution No. 81 _ 119 ° WHEREAS, William Burton, John Bruegger and Robert Smith (hereinafter referred to as "applicant"), are the owners of record of 46.95 acres of real property known as Aspen River Valley Ranch, Lot 1, and ; s WHEREAS, the applicant has requested a two-unit subdivision of the (� , subject property so as to create a 7.24 acre parcel and a 7.29 acre parcel �� with the balance of the property, 32.42 acres, being dedicated as common open � S space, and � ;;� �, WHEREAS, a public hearing was held before the Board of County Commissioners « �. on January 12, 1981 at which time evidence and testimony were presented with � '� respect to this application. �'�'" NOW THEREFORE, BE IT RESOWED by the Board of County Commissioners of -`;j �� ' c� Pitkin County, Colorado, that Final Plat Approval for the two-unit resubdivision � �� ranted sub'ect to the followin ;l of Aspen River Valley Ranch, Lot 1, is hereby g � 9 � conditions: �j � 1. The following restrictions or, if the applicant chooses, more restrictive �'' " _ regulations, shall be deemed covenants running with the land and shall �` �� > � 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: � � "The subdividers as identified on the recorded plat of the Aspen '� ` River Valley Ranch Tract 1 Subdivision (hereinafter referred to as "plat"), their successors and assigns shall not convey nor other- wise 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 purposes of this provision, "adversely affect" means to cause the reduction of the amount, and duration, or quality of the supply of water available to satisfy - an existing water use, or 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 the irriga- tion of agricultural lands shown as "historically irrigated lands" on the map, and supplemental report, entitled Irri ation Lands of Pitkin � Count (Wright Water Engineers, January 1977 , 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 the above-described water rights not s'i ! restricted against sale pursuant to this agreement, the Board of i County Commissioners of Pitkin County, Colorado, ("Board") shall have the right of first refusal to meet any bona fide offer of the ;� � . � ��is�DL.' . . � II�•',��'�1'��'� '�A�•� � . �' 1 � r r!��t:. �- . �t �..�� . . . S ' , �x,��'� � � ..,. . � • .� . � v . �- �t ��i"3.`"wS�'•��lCs�'��i.i�nirsi�$A".i'Ur�Ge:iEk.;r s,4.:9'l-�i.,�x'lBI�cS�`,�3�I��i.fls.�w�a.�t1�tUP�hl�+'��°G��S�+�� r�nr� .� . �' ��,�qn':�. � s��oK4�17 �968 �'�`�"��'�;` ?nL �';" _ �ri,- _ . � sate on the same terms and conditions of such offer. In such case subdividers shall provide the Board with a written notice to the attention of the County Attorney of the proposed sale and terms thereof, together with a copy of the proposed sale contract, and `� the Board shall have a period of 30 days following the Board's = receipt of said notice in which to elect in writing to purchase the �. water rights at the same price and upon the same terms and conditions of said offer. Upon the Board's failure to provide written notice �� of election to purchase the subject water rights within 30 days r after the Board's receipt of written notice as above described, the . subdivider shall be free to sell water rights or any portion thereof ' - � described in such offer to such person in accordance with the terms i and conditions of said offer." � 2. All dogs are to be on a leash or contained within fenced areas at all times while on the property. � a 3. This property is deed restricted against any further subdivision. In � {�S . addition, such restriction shall be noted on future deeds of conveyance. � F 4. The applicant shall notify the ground water section of the Division of Water Resources, Office of the State Engineer, of the abandonment of one of the three previously-issued domestic well permits. � 5. The review and approval of the County Engineer prior to the recording of � � ; the Final Plat. �- #. 6. No buildings or improvements shall be permitted on the common area. � � Approved by the Board of County Cortmissioners of Pitkin County, Colorado, at its regular meeting on November23, 1981. BOARD OF COUNTY COMMISSIOiVERS OF PITKIN i, . COUNT�', COLORADO � ,`ti :��.. `� ^�. _ v y�, ' � � '. � ti.' n»+�:.c � By: � il�f x • L� 4 ;�. j Bob C il , C airman �� =g 1 : �.g� t�. A.�. ,�� ATT T: �c 3�`•. . i� • � Y . � _ �# � � .;�• .....�,',l�l. — � Deputy Coun`t`y Clerk APPROVED AS TO FORM: � ��Yl'J /�� > � County Attdrr�y �# . ..,.q - � . ` � I t ! � . � i '� t '� . :}. , ��" y�. ;;� l. � ��e .. . . .. � . . , .