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Home My WebLink Aboutbocc.ord.038.2005AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO GRANTING A SUBDIVISION EXEMPTION FOR A LOT LINE ADJUSTMENT BETWEEN THE CIRCLE R RANCH AND THE FLYING DOG RANCH AND ACCEPTING THE DEDICATION OF A 60' ROAD RIGHT-OF-WAY ALONG WOODY CREEK ROAD Ordinance No& -2005 RECITALS I . George Stranahan, owner of the Flying Dog Ranch, and Rosemary's Circle R Ranch East LLC, owner of Parcel I of the Circle R Ranch (hereinafter "Applicants") have applied to the Board of County Commissioners of Pitkin County (`BOCC") pursuant to Section 3-200-030 of the Pitkin County Land Use Code, for a subdivision exemption for a lot line adjustment to adjust the property boundary between the two properties to the centerline of Woody Creek Road. An additional parcel on the hillside to the south will be transferred from the Flying Dog Ranch to the Circle R Ranch in order to equalize the exchange of acreage. 2. The Applicants also propose to dedicate a 60' road right-of-way along Woody Creek Road (30' on either side of the centerline of the road) to memorialize the location of the right-of-way as granted in deeds to the Woody Creek Toll Road Company (Book 93, Page 292 and Book 93, Page 289). 3. The properties are located on Woody Creek Road, and are more specifically described in Exhibits A and B. 4. The properties are located in the RS-20/PUD zone district. The Flying Dog Ranch contair� approximately 244 acres and Parcel 1 of the Circle R Ranch contains approximately 71 acres. 5. The Flying Dog Ranch will convey three parcels to the Circle R Ranch that contain 0.0649, 0.4375, and 1.2150 acres or a total of 1.7174 acres. The Circle R Ranch will convey two parcels to the Flying Dog Ranch that contain 1.1903 and 0.5271 acres, or a total of 1.7174 acres. 6. The BOCC considered the proposed request at a duly noticed public hearing on September 28, 2005 and finally approved the request at a regular meeting on October 12, 2005. 7. The BOCC finds that the proposed lot line adjustments are consistent with the applicable requirements of the Land Use Code: they will not create an additional parcel or increase floor area for any of the parcels, and the parcels will remain conforming as to size. The BOCC further finds that the dedication of the right-of-way based on the existing centerline of Woody Creek Road is appropriate and acceptable. NOW THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Pitkin County, Colorado that: The Applicant shall prepare a lot line adjustment plat in accordance with Section 5-60-040, which shall be submitted to the Community Development Department for approval and recording within 90 days of the date of this approval. The mylar copy of the plat must be signed by the owners prior IlllllSILVIplllll IIIIII IIIIII IIII IIII1111111III VIII IIII IIIIDAVIS PITKIN COUNTY Co R 0. 6 0g 660 5 10:679 0 Ordinance No.0-3�-2005 Page 2 to submittal for recording. The lot line adjustment plat shall include the dedication of a 60' right- of-way along Woody Creek Road (30' on either side of the centerline of the road). 2. This lot line adjustment does not negatively affect, amend or supercede the existing County land use approvals granted to the Circle R Ranch. The Applicant shall comply with all material representations made in the application. NOTICE OF PUBLIC HEARING PUBLISHED IN THE WEEKEND EDITION OF THE ASPEN TIMES ON 18`h DAY OF SEPTEMBER, 2005. INTRODUCED AND FIRST READ AT A PUBLIC HEARING ON THE 28`h DAY OF SEPTEMBER, 2005. APPROVED UPON SECOND READING AND PUBLIC HEARING ON THE 12th DAY OF OCTOBER, 2005. PUBLISHED `XTER AD TJN IN THE WEEKEND EDITION OF THE ASPEN TIMES ON THE" 7)AY OF 6 ,c ., 2005. This Ordinance shall become effective thirty (30) days after publication following final adoption by the Board. APPROVED AS TO FORM: John Ely County ey P111-04 PID 264323100001/264326401001 BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO 4 b Patti Ka— y -Clapper Chair Date: 10 -1 8 -&5S CWidHjuben Community Development Director 1 IIIA111111111111111111111111111111111111111111111111Page: 2 of 4 516613 10/25/2005 10:07! EXHIBIT «A» I V'- A tract of land being all of Lots 1, 2, 3, 7; 10, 13, and 22; and part of Lots 8, 9, 14, 17. and 18, all in Section 23, Township 9 South, Range 85 West of the Sixth Principal Meridian, said Tract is more fully described as follows: Beginning at the East Quarter Corner of said Section 23 (a red sandstone marked '/4 1913); thence North 2722.50 feet along the East line of Section 23 to the Northeast Corner of Section 23; thence North 88°46' West 2582.58 feet along the North line of said Section 23 to the Northwest Comer of Lot 3, Section 23; thence South 0143' West 2044.78 feet along the West line of Lots 3 and 7 to the Northeast Cornet of said Lot 10; thence West 1139.98 feet along the North line of Lot 10; thence South 2°13' 2678.94 feet along the West line of said Lots 10, 13, and 22 to a point on the West line of Lot 22; thence South 651.00 feet along the West line of Lot 22 being a point on the South line of Section 23; thence North 89°51' East 994.91 feet to the South %< Comer of said Section 23; thence North 0°43' East 1987.50 feet along the East line of Lot 22 to the Southwest Comer of said Lot 14; thence East 88.36 feet along the South line of said Lot 14 to the Northwest Comer of said Lot 17; thence South 1341.12 feet to the Southwest Corner of said Lot 17; thence North 7°20' East 2230.17 feet; thence South 83°15' East 2266.84 feet to the Point of Beginning. EXCEPTION THEREFROM a portion of Lot 22, Section 23, Township 9 South, Range 85 West of the Sixth Principal Meridian conveyed to Henry L. Stein by Deed recorded October 11, 1963 in Book 204 at Page 276 as Reception No. 116391. ALSO EXCEPTING THEREFROM Right of way conveyed unto Woody Creek Toll -Road Company, a corporation as set forth in deeds recorded September 28, 1891 in Book 93 at Page 289 as Reception No. 43941, and recorded October 3, 1891 in Book 93 at Page 292 as Reception No. 44023 and recorded October 3, 1891 in Book 93 at Page 293 as Reception No. 44024. TOGETHER WITH that portion of Lot 18, Section 23, Township 9 South, Range 85 West of the Sixth Principal Meridian lying North of Lot 1, Star Mountain Ranch Tracts, according to the Plat thereof recorded May 25, 1982 in Plat Book 13 at Page 44 of the Pitkin County real property records. County of Pitkin, State of Colorado IIIIIIIIIIIIIIIIII IIIIIIIIII IIIIIIIIIII III VIII IIII IIIIO 0Page:/ 05 10:079 SILVIA DAVIS PITKIN COUNTY CO R 0. 0 0.00 LOT 1 PROPER'L'Y DESCRIPTION - C.I RC Ce R P�_&N C-+) A PARCI[. OF LAND SITUATED iN LOTS 8, 9,14, 15,16 AND 17 OF SECTION 23, TOWNSHIP 9 SOUTH, RANGE 85 WEST OF'II1F. SIXTH PRINCIPAL MERIDIAN, COUN'T'Y OF PITKIN, STATE OF COLORADO; SAID PARCEL BEING MORE - PARTICULARLY DESCRIBED AS FOLLOWS- - COMMLNCING AT THr,RAST QUARTER CORNER OF SAID SECTION 23, A STONE 1N PLACE, lHI J!QD 0Y BL'GINNINCr THENCE S 00°44'05" W 398.64 FEET; THENCE S 90°00'00" W 1270.79 91113'r; THENCE S 00°00'01" E 147A.62 FELT, TO A PO1Nf ON THE NORTHERLY TINE OF STAR MOUNTAIN RANCII TRACI'S; THINCE CONTINUING ALONG SAID NORTHERLY L1NF OF STAR MOUNTAIN TRACTS 538°27'44" W 218.14 FELE TO A RERAR AND CAP L.S. 819598 IN PLACE; THENCE CONTINUING ALONG SAiD LiNE N 75°30'16" W 244.16 FEET TU A RFBAR AND CAP L.S.1119598 IN PLACE; TIiENCI CONTINUING ALONG SAID LINES 81°18'44" W 411.48 FEEL', TO A POINT ON THE SOUTHURLY LINE OF SAID GOVERNMENT LO'f 17 OF SAID SECTION 23, A R1i11AR AND CAP L.S. 912770 IN PLACE: THENCE CONIINUINO ALONG SAID NORTI IF,RLY LINE OP STAR MOUNTAIN RANCH TRACTS N 89°59'16" W ALONG THE SOUTTILRLY LINE OP SAID GOVERNMENT LOT 17 483.55 FEL+'1' TO THE SOU1`11WEST CORN Mi OF SAID GOVERNMFNT LOT 17, SAiD POINT ALSO BEING THE SOUTI MAST COR4}ER OF THAT PROPERTY DESCRIBED IN THE COURT DECREE. IN BOOK 239 AT PAGF. 438 OF THE PITKIN COUNTY CLERK AND RECORDER'S OFFICE, A REBAR. AND :CAP L.S. 419598 IN PLACE.; THENCE N 07"06'00" E ALONG'11IE EASTERLY LINE OI•' SATD DECREE 2335.32 FEET (DEED - 2230.17 FEET);'11IENCLT CONTINUING ALONG SAID BAS; a- I.Y LINES 83°09'06" 1:2266.84 FFE1' TO n ; P01NT. QT± REGINNING, SAID PARCEL CONTAINING 71.368 ACRES MORE: OR LESS. NL)e LOS.D6i 923 COOPER AVENUE • GLENWOOD SPRINGS, COLORADO 91601 Telephone (970) 945-B676..Fax (970) 945.2555 1IIIIIIIliilIIIIIIII111IIII1111IIIVIII III11111IIIIIIII 450440 10/07/1999 6213lP ND DRVIS SILVI 2 of 4 R 20.00 D 550.00 N 0.00 ►ITKIN COUNTY CO 516613 I IIIII VIII IIIIII ItIIII ill IIIIII VIII IIII IIII 0 1 09/2 5 /02 00 50 010:0W SILVIR DAVIS