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Home My WebLink Aboutbocc.ord.016.2006 " I ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, REZONING AREAS ADJACENT TO THE CITY OF ASPEN'S MAROON CREEK HYDROPOWER PLANT FROM AFR-IO TO PUBLIC Ordinance No.~-2006 RECITALS 1. The City of Aspen ("Applicant") has applied to the Board of County Commissioners of Pitkin County, Colorado ("BOCC") to rezone approximately 23,871 square feet from AFR-I 0 to PUB (Public). The land is adjacent to the existing Maroon Creek Hydropower Plant, which is zoned PUB, and includes areas previously under easement to the Applicant for operation of the Hydropower Plant. 2. The property is located on the east side of Maroon Creek Road, and the area to be rezoned is more specifically described in Exhibit A. 3. The Pitkin County Planning and Zoning Commission considered the proposed rezoning at a regularly scheduled meeting on March 14, 2006, and recommended approval by a vote of 4-0. 4. The BOCC considered the proposed rezoning at a duly noticed public hearing on first reading on May 24, 2006, and voted to approve the rezoning on second reading on June 14, 2006. 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 approximately 23,871 square feet from AFR-l 0 to PUB (Public), as shown in Exhibit B. NOTICE OF PUBLIC HEARING published in the Aspen Times Weeklv on the 23'd day of April, 2006. INTRODUCED AND FIRST READ AT A PUBLIC HEARING on the 24th day of May, 2006. APPROVED AND ADOPTED AFTER SECOND READING on the 14th day of June, 2006. "'--.. ~ ,..Li. tJ PUBLISHED AFTER ADOPTION in the Aspen Times Weekly on the L day of ~ 2006. THIS ORDINANCE SHALL BECOME EFFECTIVE 30 DAYS AFTER PUBLICATION FOLLOWING FINAL ADOPTION BY THE BOARD OF COUNTY COMMISSIONERS. 1111111111111111111111111111 ~~7~~~~~ :4:19 JANICE K VOS CAUDILL PITKIN COUNTY CO R 0.00 0 0.00 I Ordinance No. bIt -2006 Page 2 BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO By /J11/24/ Mick Ireland, Chair 1/5116 . Date APPROVED AS TO FORM: APPROVED AS TO CONTENT: ---c- ---:::> ~..-// JOh~ ~~~~\te ~~cJ\ mdy Houben, Community Development Director P245-05 273515402801 1111111111111111111111 ~~7~~~~~;4: 19 JANICE K VOS CAUDILL PITKIN COUNTY CO R 0.00 0 0.00 ~ i t>AP; ~/(, ~ ).O~(, PROPERTY DESCRIPTION THE BASIS OF BEARINGS FOR THIS DESCRIPTION IS THE RECORD BEARING OF SOUTH 00 DEGREES 12 MINUTES EAST BETWEEN THE NORTH AND SOUTH QUARTERS OF SECTION 15, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE SIXTH PRINCIPAL MERIDIAN AS SHOWN ON THE PLAT OF THE "MAROON CREEK RANCH" RECORDED IN THE OFFICIAL RECORDS FOR PITKIN COUNTY, COLORADO IN PLAT BOOK 6 AT PAGES 127 AND 128. THAT PART OF THE SOUTHEAST QUARTER, SECTION 15, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE SIXTH PRINCIPAL MERIDIAN, PITKIN COUNTY, COLORADO, LYING SOUTHEASTERLY OF THE PITKIN COUNTY MAROON CREEK ROAD AND NORTHWESTERLY OF THE MAROON CREEK, SAID PROPERTY IS DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTHEASTERLY RIGHT-OF-WAY BOUNDARY OF THE PITKIN COUNTY MAROON CREEK ROAD AS DESCRIBED IN THE DOCUMENT RECORDED IN BOOK 210 AT PAGE 353 OF THE OFFICIAL RECORDS FOR PITKIN COUNTY, COLORADO, WHENCE THE SOUTH ONE QUARTER CORNER OF SAID SECTION 15, (A 1914 GOVERNMENT LAND OFFICE BRASS CAP MONUMENT), BEARS NORTH 49 DEGREES 08 MINUTES 30 SECONDS EAST, A DISTANCE OF 1321.29 FEET; THENCE NORTHEASTERLY ALONG SAID SOUTHEASTERN RIGHT-OF-WAY AND ALONG A CURVE TO THE RIGHT A DISTANCE OF 103.27 FEET, SAID CURVE HAVING A RADIUS OF 407.11 FEET, A CENTRAL ANGLE OF 14 DEGREES 32 MINUTES 01 SECONDS, AND THE LONG CHORD BEARS NORTH 25 DEGREES 31 MINUTES 55 SECONDS EAST, A DISTANCE OF 102.99 FEET; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY AND A CURVE TO THE RIGHT A DISTANCE OF 232.47 FEET, SAID CURVE HAVING A RADIUS OF 975.19 FEET, A CENTRAL ANGLE OF 13 DEGREES 39 MINUTES 29 SECONDS, AND THE LONG CHORD BEARS NORTH 39 DEGREES 37 MINUTES 40 SECONDS EAST, A DISTANCE OF 231.92 FEET; THENCE DEPARTING SAID COUNTY ROAD RIGHT-OF-WAY SOUTH 35 DEGREES 54 MINUTES 58 SECONDS WEST, A DISTANCE OF 79.40 FEET; THENCE SOUTH 27 DEGREES 38 MINUTES 27 SECONDS WEST, A DISTANCE OF 35.20 FEET; THENCE SOUTH 14 DEGREES 12 MINUTES 13 SECONDS WEST, A DISTANCE OF 46.48 FEET; THENCE SOUTH 40 DEGREES 24 MINUTES 56 SECONDS EAST, A DISTANCE OF 53.60 FEET; THENCE SOUTH 13 DEGREES 43 MINUTES 54 SECONDS WEST, A DISTANCE OF 62.75 FEET; THENCE SOUTH 11 DEGREES 25 MINUTES 55 SECONDS WEST, A DISTANCE OF 34.58 FEET; THENCE SOUTH 76 DEGREES 40 MINUTES EAST, A DISTANCE OF 31.69 FEET; THENCE SOUTH 62 DEGREES 32 MINUTES EAST, A DISTANCE OF 22.44 FEET; THENCE SOUTH 73 DEGREES 20 MINUTES EAST, A DISTANCE OF 82.86 FEET MORE OR LESS TO A POINT 5 FEET NORTHWESTERLY OF THE NORTHWESTERLY HIGH WATER LINE OF MAROON CREEK; THENCE NORTH 48 DEGREES EAST MORE OR LESS ALONG A LINE 5 FEET NORTHWESTERLY OF SAID HIGH WATER LINE OF MAROON CREEK A DISTANCE OF 40 FEET MORE OR LESS TO AN INTERSECTION WITH THE WESTERLY BOUNDARY OF THE SE 1/4 SE 1/4 OF SECTION 15, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE SIXTH PRINCIPAL MERIDIAN; THENCE SOUTHERLY ALONG SAID WESTERLY BOUNDARY A DISTANCE OF 6.73 FEET MORE OR LESS TO THE NORTHWESTERLY HIGH WATER LINE OF MAROON CREEK; 1111111111111111 1111 II JANICE K VOS CAUDILL PITKIN COUNTY CO 526289 Page; 3 of 5 07/10/200604.19 R 0.00 0 0.00 '3 1 of 2 i ()II.4 : t1/~ -;J..()tI' THENCE SOUTH 48 DEGREES WEST MORE OR LESS A DISTANCE OF 107.57 FEET MORE OR LESS ALONG SAID HIGH WATER LINE TO A POINT SOUTH 65 DEGREES 04 MINUTES 27 SECONDS EAST, A DISTANCE OF 232.56 FEET MORE OR LESS FROM THE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE NORTH 73 DEGREES 20 MINUTES WEST, A DISTANCE OF 17.56 FEET MORE OR LESS TO A POINT 15 FEET NORTHWESTERLY OF THE NORTHWESTERLY HIGH WATER LINE OF MAROON CREEK; THENCE NORTH 48 DEGREES EAST MORE OR LESS ALONG A LINE 15 FEET NORTHWESTERLY OF SAID HIGH WATER LINE OF MAROON CREEK A DISTANCE OF 40.00 FEET MORE OR LESS TO A POINT SOUTH 73 DEGREES 31 MINUTES 10 SECONDS EAST, A DISTANCE OF 233.39 FEET MORE OR LESS FROM THE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE NORTH 73 DEGREES 20 MINUTES WEST, A DISTANCE OF 55.73 FEET THENCE NORTH 62 DEGREES 32 MINUTES WEST, A DISTANCE OF 21.56 FEET; THENCE NORTH 76 DEGREES 40 MINUTES WEST, A DISTANCE OF 26.97 FEET; THENCE SOUTH 11 DEGREES 25 MINUTES 55 SECONDS WEST, A DISTANCE OF 2 . 41 FEET; THENCE NORTH 78 DEGREES 34 MINUTES 05 SECONDS WEST, A DISTANCE OF 65.00 FEET; THENCE NORTH 11 DEGREES 25 MINUTES 55 SECONDS WEST, A DISTANCE OF 9.73 FEET; THENCE NORTH 77 DEGREES 25 MINUTES 32 SECONDS WEST, A DISTANCE OF 64.33 FEET MORE OR LESS TO THE POINT OF BEGINNING. THE TERM "HIGH WATER LINE" USED HEREIN IS DEFINED IN THE "GLOSSARIES OF BLM SURVEYING AND MAPPING TERMS" PREPARED BY THE U.S. DEPARTMENT OF THE INTERIOR, BUREAU OF LAND MANAGEMENT. EXCEPTING THERE FROM: THAT PART OF THE SOUTHEAST QUARTER, SECTION 15, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6TH. PRINCIPAL MERIDIAN, PITKIN COUNTY, COLORADO, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT FROM WHICH THE SOUTH QUARTER CORNER OF SAID SECTION 15 (A 1914 GOVERNMENT LAND OFFICE BRASS CAP MONUMENT) BEARS SOUTH 49 DEGREES 44 MINUTES 05 SECONDS WEST, 1403.37 FEET; THENCE SOUTH 11 DEGREES 25 MINUTES 55 SECONDS WEST, 67.00 FEET; THENCE SOUTH 78 DEGREES 34 MINUTES 05 SECONDS EAST, 65.00 FEET; THENCE NORTH 11 DEGREES 25 MINUTES 55 SECONDS EAST, 67.00 FEET; THENCE NORTH 78 DEGREES 34 MINUTES 05 SECONDS WEST, 65.00 FEET TO THE POINT OF BEGINNING. THE END OF THE DESCRIPTION. THE ABOVE DESCRIPTION WAS WRITTEN BY: LOUIS H. BUETTNER 0040 WEST SOPRIS CREEK ROAD BASALT, COLORADO 970-927-3611 1111111111111111111111 :;~~~~~~ :4:19 JANICE K VOS CAUDILL PITKIN COUNTY CO R 0.00 0 0.00 2 of "'- II I:: ~A"'f M~- "60" $C.lLE ,--- * 5/a" Stt(l. JtOD. wmt .TtlLOW l"LAsnc C>>' 1Il.UtW111lCl'1lO1!_ ....I"QIr(TQNt.M.~ ,;..~Il:OO~'I'Q;l..Q'M l'\.AS'tlC'CI#>\WttCID~ U1M.I"Ol., net ~__ I'-oRUl4EOM.ToIiS'AoJ[,fIIlitoIIQtn . AICl.EfI'OIIIi_woYU1IIR1lt_~ .....lIll'lM .~I<<lIMlDtr(JlW) S{e" um.. _ wmt ~o" I'LASTlC ClIP WNlkCD -.ctTNtR ""'.. alIl:VE tlA'tA , , C(1lT1rAl ....t '" wttof RAOIJS.. -'07.'" U\:" 10$.27' 0f0lU),.1i 2:f.Jl'"~[ ....... , , COtTtlAl...-HOI:.E_l3"~ R,fJ)lJ$""7!P" AIIC...:ut.4r QKHfD "" iii J1"37'4O" C- rn.... ~'--....'--....'--.... '--.... '--.... '--.... ~'--.... SOlnM 1/. CdfltO SEellOM""'1lO$,."'. .""...... eiG!~ -- By. ~dr;); f-- B HYDROPOWE 1- -30" ~ ,~ .,' " . -<.' ?...- ,~ .""'.e- o ~<r ~ <0' (.~'\~t, ",,' "'C " .'" lQ.... J7CZJlY"' ed I' I /"""2 ,.' L P' /1 :;? 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