HomeMy WebLinkAboutbocc.res.085.2005RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITI(IN
COUNTY, COLORADO, GRANTING CONSTRAINED LOT TDRs FOR THE
BROKER LODE
Resolution No.~~ -2005
RECITALS
1. Frank Goldsmith, Applicant, has applied to the Pitkin County Department of
Community Development for a constrained lot determination and to the Pitkin County
Board of County Commissioners (BOCC) for determination whether one or more
constrained lot Transferable Development Rights (TDRs) should be granted.
2. The property for which the determination is requested is the Broker Lode mining claim
(Broker Lode USMS #6147, Spring Butte Mining District) in the Avalanche Creek Area.
3. The Department of Community Development has determined that the lot/parcel is not
developable pursuant to the Pitkin County Land Use Code, Section 3-80-80, Wildlife
Hazards. The parcel is withi/a mapped and field verified Bighorn Sheep Winter
Concentration Area, Winter Range, and Production Area, as well as Elk Winter Range,
Severe Winter Range, and Winter Concentration Area. Development is prohibited in
Deer, Elk, and Bighorn Sheep Severe Winter Range, Winter Concentration Area, and
Production Area.
4. The BOCC reviewed the request for a determination as to whether one or more
constrained lot TDRs will be granted at a public meeting on May 11, 2005, at which time
evidence and testimony were presented with respect to this application.
5. The BOCC determined that two constrained lot TDRs shall be granted for the Broker
Lode.
NOW, THEREFORE, BE IT RESOLVED, by the Board of County
Commissioners of Pitkin County, Colorado, that due to the fact that the Broker Lode has
been determined by the Community Development Department to be undevelopable or
severely constrained under the Pitkin County Land Use Code that two constrained lot
TDRs shall be granted to the Applicant or successors in interest.
Page: I of 2
05/23/200§ 12:50
BILVIA DAVI$ PITKIN COUNTY CO R 0.00 D 0.00
Resolution No.~' -2005
Page 2
APPROVED AND ADOPTED ON THE 1 lth DAY OF MAY, 2005
TEST: 5
tette Jones ~'~
>uty Clerk and
:ecorder
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
Patti Kay-Clal~per, Chairt
APPROVED AS TO FORM:
APPROVED AS TO CONTENT:
~ina~ Houben
Community Development Director
home\lancec\goldsmith constrained lot reso.doc
264928100100
P090-05
. THIS DEED RESTR
20_0__~, by ~ Y'Z~ 777//~c
WHEREAS, ~' )/n~'7,
property in Pitkin County, Col
hereto and made a part hereof
WHEREAS, contemp.
County is executing and deliw
Certificate(s) of Transferable 1
evidencing the permanent sew
WHEREAS, the Own,
exist on the property; and
WHEREAS, in exchm
~-~/~'F/-//~ (_~-o~-t,~qOtr~is prep~
NOW, THEREFOR[
TDR Certificate No(s). ttz-,,-t
~0_-o~-.
receipt and sufficiency of whir
follows:
1. Deed Restricti~
restricts the Property against m
Pitkin County Land Use Code.
2. Covenants Rm
Deed Restriction shall constitu
of Pitkin County, Colorado its
the title to such lands.
DEED RESTRICTION
[CTION, made and entered into this /qO day of fi"/f[ "/
simple owner of that certain real
tlarly described on Exhibit A attached
,perty"); and
tion of this Deed Restriction, Pitkin
,,~ 2.) separate Irrevocable _
.ng LertlllCate fqo[s), i~z-o~-~'~,
k,~ _~Och$O,;z~is the fe
prado, that is more partic~
py this reference (the "P}{
>raneously with the exeOr
:ring to d yn/~w/,~ ffre~,~ ~,'
)evelopment Rights, bear
rance from the Property10f all development fights; and
:r has represented that nO development or improvements currently
~ge for the issuance of sOi~l Certificate(s) by Pitkin County,
red to deed restrict the l?~perty against any future development.
!ocr.~ar~d in consideration lofthe issuance toCTcr/~/,~ fJ'o-~tr6of
~c-~ w , and for oth¢? good and valuable considerations, the
h are hereby acknowledg~d,~/x.0W~,q ~'-o,-z~-~tt'tt-? agrees as
,n of Property. C~,c,7~{4 ~__--o~-~r,,,~' hereby permanently
ty future development, asthe term development is defined in the
tning With The Land~ ~inding Effect. The provisions of this
te covenants that run wifl~ the title to the Property for the benefit
successors and assigns mad shall be deemed an appurtenance to
Ill
IN WITNESS WHE[
as of the day and year first abc
STATE OF COLORADO ,
' SSo
COUNTY OF PITKIN
The foregoing Instrum
by
Witness my hand and,
My commission expin
ACCEPTED BY PITKIN
COUNTY BOARD OF COUi~ [TY
COMMISSIONERS
ve written.
has executed this Deed Restriction
was acknowledged be: bre me this /'gal day of//~, 2002,
(Owner).
,fficial seal
.-
SILVIA
Page: 2 of 3
05/23/2005 01:20
~vIS PITKIN COUNTY CO R 0.00 D 0.00
B
SILVI~
EXHIBIT A
:oker Lode Mining Claim, USMS #6147
Spring Butte Mining District
Pitkin County, Colorado
Page: 3 of 3
05/23/Z005 01:20
DAVIS pITKIN OUNT 0 R 0.00 O 0.00