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HomeMy WebLinkAboutbocc.res.028.1974 PITKIN COUNTY BOARD OF COMMISSIONERS #74-28 RESOLUTION (~on fro__.m S~ - Fuller) WHEREAS, by Warranty Deed dated June $, 1973, and recorded June 6, 1973, in Book 276 at page 526 of the Pitkin County records, Aspen International Properties, Inc. (herein- after referred to as "AIPI"), conveyed to Dorothy Holly Fuller (hereinafter referred to as "Fuller") a parcel of land situated in Pitkin County, Colorado, containing 100 acres, more or less; and WHEREAS, subsequent staking of the corners of said parcel discloses that approximately 9.37 acres of land which all parties believed were included in such conveyance in fact lay outside the metes and bounds description contained therein; and WHEREAS, the excluded 9.57 acres are comprised of Parcels "A," "X," and "y" as shown on the "Fuller Correction Map" attached to this Resolution as Exhibit A, and are owned respectively by Perry Christensen, AIPI, and AIPI; and WHEREAS, a resolution of such misunderstanding has been negotiated, involving Fuller of Parcels "A," veyance to AIPI of the in pertinent part the conveyance to "X," and "y" in exchange for her recon- 8.SS-acre tract shown and described as Parcel "AX" on attached Exhibit A; and WHEREAS, AIPI has applied to the Board of Pitkin County Commissioners for a resolution excepting such boundary correction conveyances from the definition of the term "subdivision,, under Subsection B of Section 1.4 of Article I of the Pitkin County Subdivision Regulations; and WHEREAS, by letter from her attorney dated May 3, 1974, Fuller has advised the Pitkin County Attorney that following the conveyance to her of said Parcels "A," "X," and "y," Fuller will treat said parcels as an adjoining acreage which she acquired from AIPI under the aforementioned deed, and will not consider them separate tracts for purposes of the subdivision, zoning, or building permit laws of Pitkin County. NOW, THEREFORE, BE IT RESOLVED by the Board of Pitkin County Commissioners that (a) since following said conveyances each of the tracts involved therein, including the Fuller tract and the AIPI and Christensen tracts from which said conveyances will be made, will encompass more than 35 acres, and (b) as no additional resource impact or development density will result from the proposed transfers, the con- veyances of Parcels "A," "X," and "Y" to Fuller and the contemporaneous reconveyance of Parcel "AX" to AIPI (as such parcels are shown on attached Exhibit A and more particularly described on Exhibit B, also attached hereto) are hereby determined to be exempt from the definition of the terms "subdivision" and "subdivided land" contained in Section 1.4(A) of the Pitkin County Subdivision Regulations, and are hereby further determined to be not within the purposes of Article I of said regulations, upon the express condition that each of such conveyances specifically recite that the parcel being conveyed shall thereafter be deemed and treated as an integral part of the adjoining land then owned by the Grantee poses of the subdivision, zoning, or building permit Pitkin County, Colorado. A~t~! Dated this 6th day of May, 1974. Attest: ~ec~etary for pur- laws of '~l~h ~ ards, Jr.- ' , 'Chai~nJ Board of Pitkin ~ £°~nt/~C°mmissi°ners ~-..~._7 -2- Exhibit B Resolution of Pitkin County Board of County Commissioners Parcel A A parcel of land being situated in Sections 27 and 34, Township 9 South, Range 86 West of the 6th principal meridiau, Pitkin County, Colorado. Said parcel is more fully described as follows: beginning at a point from whence the northeast corner of said Section 27 bears N 15© 12' 11" E, 4,969.37 feet; · thence S 08© 04' W, ~07.88 feet; thence S 84© 58' W, 609.61 feet; thence N 18© 31' W, 226.14 feet; thence N0° 45'E 161.56 feet; thence N 08© 32' E, 17.10 feet; thence N 84° 58' E, 734.49 feet to the point of beginning. Said parcel contains 6.29 acres more or less. Parcel X A parcel of ].and being situated in Sections 27 and 34, Township 9 South, Range 86 West of the 6th Principal Meridian, Pitkin County, Colorado. Said parcel is more fully described as follows: beginning at a point from whence the Northeast Corner of said Section 27 bears N15°12,11-E, 4969.37 feet; thence N84°58,E, 195.19 feet; thence South, 398.80 feet; thence S84o58,W, 252.66 feet; thence N08°04,E, 407.88 feet to the point of be- ginning. Said parcel.contains 2.04 acres more or less. Parcel Y A parcel of land being Township 9 South, Range 86 Pitkin County, Colorado. as follows: beginning at Corner of said Section 27 thence N84o58,E, thence S12o44,W, situated in Sections 27 and 34, West of the 6th Principal Meridian, Said parcel is more fully described a point from whence the Northeast bears N13o03,48-E, 4905.27 feet; 179.90 feet; 222.28 feet; thence S33o21,W, 236.79 feet; thence North, 398.80 feet to the point of beginning. Said parcel contains 1.04 acres more or less. Parcel AX A parco], of ]and boing situated in Section 34, Township 9 South, Range 86 West of the 6th Principal Meridian, Pitkin County, Colorado. Said parcel is more fully described as fol- lows: beginning at ~] [>oint from whence tho Northeast Corner of Section 27, Town~;l~;p 9 So~lth, }{an¢]e 86 Wo~t of the 6th Principal MerJ_dJau b~.~rs N30o~7,4],,E, 7293.10 feet- thence N0°]!),08,,W, 159.00 feet; ' thence East, 2322.72 feet; thence S26o]5,W, 177.28 feet; thence West, 2243.43 feet to the [~oint of beginning. Said parcel contains 8.33 acres more or loss. FULLF=P. COERF~CTION MAP