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HomeMy WebLinkAboutbocc.ord.002.2003 Page: 1 of' 8 e2/04/2003 03:23F SILVIA DAVIS PITKIN COUNTY CO R 0.00 CI 0.00 ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, REZONING EQUAL AREAS TO ACCOMMODATE A LOT LINE ADJUSTMENT BETWEEN PROPERTIES OWNED BY COMPASS AND THOMAS KLUTZNICK Ordinance No. 00&_-2003 RECITALS I. Compass and Thomas Klutznick ("Applicant") have applied to the Board of County Commissioners of Pitkin County, Colorado ("BOCC") to rezone four separate parcels in order to accommodate a lot line a4justment between two adjacent properties that will result in an equal exchange betweeu the properties of 0.702 acres. Two parcels will be rezoned from RS-20/PUD to PUB and the other two parcels will be rezoned from PUB to RS-20/PUD. 2. The parcels are located on Woody Creek Road, and are more specifically described in Exhibits A and B. 3. The Pitkin County Planning and Zoning Commission considered the proposed rezoning at a regularly scheduled meeting on November 12, 2002, and recommended approval. 4. The BOCC considered the proposed rezoning at duly noticed public hearings on January 8 md 22, 2003. 5. The BOCC finds that the proposed rezoning is consistent with the applicable provisions of the Pitkin County Land Use Code. NOW, THEREFORE, BE IT ORDAINED by the BOCC that it hereby rezones a portion of the Klutznick property from RS-20/PUD to PUB and a portion of the Compass property from PUB to RS- 20/PUD, as described in Exhibit C. NOTICE OF PUBLIC HEARING published in the Aspen Times Weekly on the 7th day of December, 2002. INTRODUCED AND FIRST READ AT A PUBLIC HEARING on the 8th day of January, 2003. APPROVED AND ADOPTED AFTER SECOND READING AT A PUBLIC HEARING on the 22nd day of January, 2003. PUBLISHED AFTER ADOPTION in the Aspen Times Weekly on the/_..~d~y of ~ 2003. ~ THIS ORDINANCE SHALL BECOME EFFECTIVE 30 DAYS AFTER PUBLICATION FOLLOWING FINAL ADOPTION BY THE BOARD OF COUNTY COMMISSIONERS. Ordinance No. -2003 PaGe: 2 o~' Page 2 02/04/2003 03:23F $ILVIA DAVIS PITKIN COUNTY CO R 0.00 BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO r~t · ~[n;~e J~,;L Cler~ tl;e BOCC APPROVED AS TO FORM: APPROVED AS TO CONTENT: John Ely, Co~ Cindy Houben,  Community Development Director 264310301019/264315200003 Page: 3 02/04/2003 03:23; SILVIR DAVIS PITKIN COUNTY CO R 0.~ D 0.0~ A~a~ed ~o and nade a ~a~ o~ ~a~an~y ~ed da~ed ~c~F ~, [994 E~ · o Aeon ~du~ona[ ReseaF~ P~da~Jon~ ~n~.) ~ 1~ according ~o ~e a~vlmlon pla~ S~ recorded ~uly 7, 1988 ~n Plat ~ok 20 at page 9~ Rece~lon ~o. 301820. ~tl X, 2 and 4, ~p~-stran~an S~lv~iton ~ecep2~on No. ~at part of ~e 8E ~/4 S~ ~/~ ~f Section ~0, T~Bh~p 9 ve~terly of ~ 2, ~o~pEon-Stran~an ~eco~ed ~tober 8, 2985 tn P~at ~ok 27 a~ Page 83 am ao~e~ton Ho. 272~65. ~a~ pa~ or ~he SE ~/4 or S~ton [0, T~tp 9 Sou~, hnge · Cmun~ty S~I receded ~uly 7, 1988 ~n Plat Pagl 08, a~ lyi~ eaaterly of ~t 2 a~ ~t 4 of ' Thompson- S~ranahan S~vAelon Zx~tion receded ~o~r 8, 1985 Plat ~o~ 17 at Pagl 83 as hcep~on Ho. 272165. ~a~o~ aooo~d~n~ ~o ~ ~an~a~-~a~k ~ ~d. ~v~i~on 79 as ~o~p~on ~o. ~0, ~a~ ~a~ll O~ la~d ~O~VI~ed tO H~tI~ ~. ~OIpiO~ ~ deed receded April 25, 1984 ~n Rook 465 at Page 220 al Reception ~o. 259020. That paroel of la~ conv~ed to Robe~ A. ~ynard By died recorded Septler 26, 1989 In ~ok 602 Reception Ho. 315467. Co~ty of P~tkln, Sta~ of Colorado. $ILVI~ DRVIS PITKIN COUNTY CO R ~.~0 D ~1.~ LEGAL DESCRIPTION A parcel of laud situated in Lots $ and 17 of Section 10, also Lots 2. 3 ,ad $ of Seetion 15 all ia Township 9 South. Range 85 West of the 6th Principal Meridlau. lying Northeasterly of the Northeasterly fight-of-way line of a County Road as constructed and in place, said parcel of land is described as follows: at a point on the Northeasterly fight-of-wa ]i~ ' · e,,~n~ ~,orner common to sdd Sections l0 and 15 b~-~[¢-°-f s~d- County Road whence the seconds Bast 1067.//3 feet; thence North 40 ~w~. morth 22 degrccs 39 minutes 51 degrees 32 minutes 50 seconds West 69.67 feet along the Northcasterly r/ght-of-way l/nc of said wad; thence 295.$3 feet along the arc' curve to thc left, hay/nE a tad/us of 923.72 feet, the chord ofwh/ch bears: North 49 degrees 42 minutes 45 seconds West 294.27 feet; thence North 58 degrccs 52 m/uutes 40 seconds West 153.05 feet along thc Northeasterly r/ght-of-way line of sa/d road; thence North 37 degrees 20 minutes 40 seconds East 248.67 feet; thence North 55 degrees 44 m/nutes 16 seconds Bast 365.72 feet; thence North 62 degree 34 ra/nutes 16 scconds East 338.26 feet; thence North 24 degrees 20 tab, utes 41 seconds East 1250.17 feet; thencc South 43 degrees 47 minutcs 18 ~conds East 47.22 feet; thence South 30 degrees 22 minutes 51 seCOnds East 594.72 feet;, thence South 29 degrees 57 minutes 54 seconds West 798.97 feet; thence South 49 degrees 54 minutes 13 seconds West 753.35 feet; thence South 37 degrees 20 m/uutes 40 seconds West 372.59 feet on the Northcasterly r/gilt-of-way linc of said County Road; the Po/ut of Beg/~illg. -xc ..PTnvG rmm . O tha of Lot S on O east.l of the ~ ccnterl/ne of Salvation I)/tch. Tngcther w/th a 3O foot road easement, sa/d road following described centerl/ue: easement being 15 feet on each side of the Beg/unitE at a point on the Westerly l/ne of the above descr/bed parcel of land whence the Quarter Comer common to said Scct/ons I0 and 15 bcars: North 51 de~rccs 44 m/uutes 51 scconds East 979,07 feet; thence along sa/d centerl/ne North 53 degrees 34 minutes 12 scconds Wcst 152.91 feet; thence 61.46 feet a/un//the arc of a curve to the right, having a radius of 54.28 feet, thc chord ofwh/ch bcars: North 21 degrees 07 m/nutes 42 seconds Wcst 58.23 feet; thence North 11 degrees 18 minutes 48 seconds Bast 43.68 feet; thence 63.20 feet along thc arc ora curvc, to the lcfl hav/ug a radius of 31.72 feet, the chord ofwh/ch bear~: North 45 de~ees 46 ra/nutes 17 seconds West 53.25 feet; thence South 77 degrees 06 minute 38 eeConds West 55.00 feet; thcncc 94.97 feet along the arc of a curve to the fight, having a radius of 1 ~2.g8 feet, the chord of which bears: North 78 degrees 45 m/nutes 12 seconds West 92.19 feet; thence North 54 degrees 39 minutes 02 seconds West 34.1g feet; thence 130.35 feet along the cttrvc to the r/sbt, hay/nE a radius of 300.21 feet, the chord ofwh/ch bcars: North 42 degrees 12 m/nutes 42 seconds West 129.33 feet; thence North 29 desrees 46 minutes 22 seconds West 203,79 feet; thence 65.29 feet alonE the arc ora curve to the r/ght, hav/ug a tad/us of 93.38 fcc't, the chord of which bears: North 09 degrees 26 m/nutes 11 seconds West 64.91 feet; thence North l0 degrees /' ' Continuation of Exhibit A - Legal Description / Order Numbor: 00022230 ,,/ 54 minutea O0 seconds Ea~t 5.78 feet; thea~e 83.70 feet a/on& the arc ora cu~e to the r/ght, " having a tad/us of 101.82 feet, the chord ofwh/ch bears: North 34 dcgrces 27 m/nutcs 00 seconds Bast 81.37 feet; thence North 58 degrees 00 rnhlutcs 00 scconds East 29.12 feet; thence 90.38 fcct along the arc ora curve to the fight, haviug a tad/ua of ! 08.49 fect, the chord of wh/ch beau~: North 81 dcgrees 52 minutes 00 $oc, onds E. 87.79 f~t; thence South 74 dcgnms 16 minutes 00 set, onds East 138.48 feet; thence 147.93 fcet along the arc ora curve to the leR, having a radius of 363.76 foot, the chord of which bears: South 85 de~ 55 minutes 00 seconds East 146.91 feet; thence North 82 degrees 26 mi6ute~ 00 seconds East 395.85 feet; thence 123.10 fcet along the arc o£a curve to the fight, having a radius of 86.72 feet, tig chord of wlxich bears: South 56 degre~ 44 minut~ 00 s~c, onds East 113.02 feet; thence South 16 degr~:s 14 minut~ 00 ~c, onds East 140.01 f~¢t; thenc© 135.22 feet along the arg ora c~rve to tho fight, having a radius of 525.92 f~t, the chord ofwhie.,h be, ar~: South 08 degre~ 52 mlnt~t~ 02 s~e. onds East 134.g$ feet to a point on the Westerly line of the above d~,cribegl parcel of land. County of Piticin. State of Colorado Page: 5 mir 8 02/04/2003 03:231: SZLVIA DRVZS PITKIN COUNTY CO R ~.~)0 r~ 0.0~ {~4367S. 1 ) Page: 8 o'F ~ 02/04/2003 03:23g $ILVIP) DAVIS PITKIN COUNTY CO R 0.0~ 0 0.00 EXHIBIT '~' LEGAL DESCRIPTIONS COMPASS AND KLUTZNICK TRACTS BOUNDARY LINE ADJUSTMENT & REZONING 1. Tracts Conveyed by Klutznick to COMPASS and Rezoned from RS-20 to Public. A. Tract 1: (Rezoned from RS-20 to Public) A tract of land situated within a larger parcel of land known as the Klutznick Parcel recorded at Reception No. 393871, situated in Lot 3 Section 15 Township 9 South, Range 85 West, 6th P.M., Pitkin County, Colorado being more particularly described as follows: Beginning at the southwesterly comer of said Klutznick Parcel said comer also being the Southeasterly comer of Parcel 1 as recorded at Reception No. 378440 from whence the South ¼ Comer of said Section 10 bears N50°46'29-E a distance of 1048.51 feet with all bearings being relative; thence along the common boundary line of said parcels the following two (2) courses: N37°20'40"E a distance of 248.67 feet, thence N55°44'16"E a distance of 365.72 feet; thence S45°52'15"W a distance of 225.19 feet, thence S49°44'40"W a distance of 381.92 to the point of beginning said tract of land containing 0.396 acres more or less. B. Tract 2: (Rezoned from RS-20 to Public) A tract of land situated within a larger parcel of land known as the Klutznick Parcel recorded at Reception No. 393871, situated in Lot 5 and Lot 17 Section 10, Township 9 South, Range 85 West, 6th P.M., Pitkin County, Colorado being more particularly described as follows: Beginning at a point on the westerly line of said Klutznick Parcel said point also being on the easterly line of Parcel 1 as recorded at Reception No. 378440 from whence the South ¼ Comer of said Section 10 bears N55°55'O7"E a distance of 21.31 feet with all bearings being relative; thence along said common boundary line N24°20'41"E a distance of 257.88 feet to the centerline of Salvation Ditch, Ditch Book 2, Page 28; thence the following two (2) Page; ? of 8 02/04/2003 03:23; S~LVm ~v~s mT~m COU.T~ CO "0.00 O 0.oe courses along said centerline: 116.74 feet along the arc of a curve to the right, having a radius of 105.72 feet, a central angle of 63°15'58" and a chord bearing of S21°30'28-E a distance of 110.90 feet; thence 24.67 feet along the arc of a curve to the right, having a radius of 897.60 feet, a central angle of 1°34'28'' and a chord bearing of S02°21'30,,E a distance of 24.67 feet; thence S54°05'50,,W a distance of 182.69 feet to the point of beginning, said tract of land containing 0.306 acres more or less. 2. Tracts Conveyed by COMPASS to Klutznick and Rezoned from Public to RS-20 A. Tract 3: (Rezoned from Public to RS-20) A strip of land situated in the easterly portion of Parcel 1 as described at Reception No. 378440 also being in Section 15, Township 9 South, Range 85 West, 6th P.M., Pitkin County, Colorado being more particularly described as follows: Beginning at a point on the easterly line of said Parcel 1 said line also being the westerly line of the Klutznick Parcel, Reception No. 393871 from whence the North ¼ Comer of said Section 15 bears N55°55' 07"E a distance of 21.31 feet with all bearings being relative; thence departing said line S24°20'41-W a distance of 100.45 feet; thence S62°34'16"W a distance of 338.26 feet; thence N54°05'50,,E a distance of 421.77 feet to the point of beginning. Said strip containing 0.241 acres more or less. B. Tract 4: (Rezoned from Public to RS-20) A tract of land situated in the southern comer of that portion of Parcel C conveyed to Aspen Educational Research Foundation, Inc. by the deed recorded at the Office of the Clerk and Recorder, Pitkin County, Colorado in Book 772 at Page 678 as Reception No. 378440, being more particularly described as follows: Beginning at a point on the centerline of Salvation Ditch, Ditch Book 2, Page 28 said point also being coincidental to the northerly lot line of the Klutznick Parcel, Reception No. 393871 from which the South ¼ Comer of said Section 10 02/04/2003 03 S~LVZ~ ~v~s ;~ cou~ co ; e.ee o 0.00 bears N89°38'04,,W a distance of 199.51 feet with all bearings being relative; thence along the centerline of said ditch the following two (2) courses: 43.95 feet along the arc of a curve to the left, having a radius of 66.08 feet, a central angle of 38°06'27" and a chord bearing of N41°O4'32"W a distance of 43.14 feet; thence 83.75 feet along a curve to the right, having a radius of 54.07 feet, a central angel of 88044'43'' and a chord bearing of N32°32'49"W a distance of 75.63 feet; thence N54°05'50-E a distance of 54.75 feet; thence S37°45'01,,E a distance of 108.98 feet; thence S89°38'04,E a distance of 289.42 feet; thence S29°57'54-W a distance of 48.85 to a point on the northern lot line of said Klutznick Parcel; thence N89°38'O4"W a distance of 307.05 feet to the point of beginning, said tract of land containing 0.461 acres more or Tess. Reference COMPASS and Klutznick Boundary Line Adjustment Plat for Illustration of Tracts.