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Home My WebLink Aboutbocc.res.068.2006 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, APPROVING THE CITY OF ASPEN MAROON CREEK HYDROPOWER PLANT SUBDIVISION EXEMPTION AND GMQS EXEMPTION Resolution No.~-2006 RECITALS I. The City of Aspen ("Applicant") has applied to the Pitkin County Board of County Commissioners ("BOCC") requesting subdivision exemption and GMQS exemption for an essential community facility to increase the size of the hydropower plant parcel to include areas previously under easement, and to rezone those areas to be added to the parcel from AFR- I 0 to PUB. These changes will accommodate conveyance of the entire parcel to the City of Aspen (rather than remaining under lease). 2. The property is located on the east side of Maroon Creek Road, and is more specifically described in Exhibit A. 3. The BOCC approved a subdivision exemption to create a parcel to be leased long-term to the City of Aspen to accommodate a hydroelectric generating facility. The BOCC also granted 104 I hazard review and special review approval for the facility, and rezoned the parcel to PUB, pursuant to Resolution No. 86- I 04. A rezoning plat was recorded in Plat Book 19 at Page 44. The facility was constructed in 1989. The BOCC approved an amendment to the original approval in 1989 to show the as-built utility and access easements; an amended plat was not recorded. The Planning Director also approved minor amendments to allow overhead electric lines, to add a parshall flume to measure water flows, and to modiry the diversion dam. 4. 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. 5. The BOCC considered the proposed application at duly noticed public hearings on May 24 and June 14,2006, at which time evidence and testimony were presented with respect to this application. 6. The BOCC finds that the proposed application is consistent with the applicable provisions ofthe Pitkin County Land Use Code. NOW THEREFORE BE IT RESOLVED by the Board of County Commissioners that it does hereby approve the City of Aspen Maroon Creek Hydropower Plant Subdivision Exemption and GMQS Exemption, subject to the following conditions: I. The Applicant shall adhere to all material representations made in the applications or in public meetings or hearings and shaH consider those representations to be conditions of approval, unless amended by other conditions. 2. The conditions of this approval shall replace the conditions ofBOCC Resolution No. 86-104. 3. Within 90 days ofthe date of this approval, the Applicant shall submit an amended plat in accordance with Section 5-40 of the Land Use Code to the Community Development Department for approval and recording. The owner must sign the mylar copy of the plat prior to submittal for recording. 1111111111111111111111 ~~~~~~~I:4: 17 J~NICE K VOS C~UDILL PITKIN COUNTY CO R 0.00 0 0.00 I ~p; tJ (, '3' - ;:).CU)? 4. Statutory vested rights for the approval contained herein are granted pursuant to the Pitkin County Land Use Code and Colorado Statutes, subject to the exceptions set forth in Pitkin County Land Use Code, S 4-140 and C.R.S., S 24-68-105. The statutory vested rights granted herein shall expire on June 14,2009. NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY on the 23rd day of April, 2006. APPROVED this 14th day of June, 2006. PUBLISHED AFTER ADOPTION FORI VESTED REAL PROPERTY RIGHTS in the Aspen Times Weekly on the.11 day of ~vl. '( ,2006. BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO --?t1. ~~ Mick Ireland, Chair Date_l /~/t~ By o FORM: APPROVED AS TO CONTENT: c-- . -gf V\>I~ CQ~ 'I 1i\, ~>tC {( Cindy ouben, Community Development Director P24S-QS PID#27351540280 1111111111111111 111111 ~~~~~~~I:4 : 17 JANICE K VOS C~UDILL PITKIN COUNTY CO R 0.00 0 0.00 ?vu () : I 0(, If- ")..(Jot, PROPERTY DESCRIPTION THE BASIS OF BEARINGS FOR THIS DESCRIPTION IS THE RECORD B~~ING 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, WF~NCE 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 DIST~~CE 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 CENTBfi~ ANGLE OF 14 DEGREES 32 MINUTES 01 SECONDS, .~D 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 MI~~TES 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 2S MI~UTES 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; 111111111111111111111 1111111 :;~~~~~:~:4 : n JANICE K VOS C~UDILL PITKIN COUNTY CO R 0.00 0 0.00 1 .:):~ ?' 't17AAA rv""M/ >; I dt ~. :znC 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 MI~0TES 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 LAl\TD MANAGEMENT. EXCEPTING THERE FROM: THAT PART OF THE SOUTHEAST QUA.~TER, 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 GOv~RNMENT LAND OFFICE BRASS CAP MONUMENT) BEp~S 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 1111111111111111 111111 J~NICE K VOS C~UDILL PITKIN COUNTY CO 526287 Page: 4 of 4 07/10/200604:17 R 0.00 0 0.00 Z of .2: