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263523 03/02/2012 01:44 PM a: 849 P: 841 RESOLUM <br /> Page 2 of 5 R $0.00 © $0.00 7 $0.00 Clear Creek <br /> M'!� <br /> WHEREAS, adjacent property owners were notified by referral dated January 13, 2012 and public <br /> notice of this hearing to be held on February 13, 2012 was published in the Clear Creek Courant on January <br /> 25, 2012; and <br /> WHEREAS, the parcels created by this exemption shall be described as: <br /> See Exhibit A attached hereto and incorporated by reference <br /> WHEREAS, the Board of County Commissioners finds the following facts: <br /> 1. The proposed Lot 1 to be created is a tract of land that includes Clear Creek; <br /> 2. The County desires to acquire the proposed Lot 1 in order to construct a non-motorized <br /> greenway trail along the Creek from the Continental Divide east to Jefferson County as per <br /> the Intercounty Non-Motorized Routes Master Plan, and the Clear Creek Greenway Plan, <br /> and not for industrial development purposes; <br /> 3. The Clear Creek County Master Plan 2030 recognizes that the emerging Greenway is the <br /> focal point of the Open Space Plan for the entire County; <br /> 4. The proposed division and use of the property as a non-motorized greenway advances the <br /> Goals and Objectives of the Clear Creek County Master Plan 2030,namely the following: <br /> 2-1:Balance the County's personal, cultural, and environmental values with those values <br /> necessary for economic vitality. Encourage and promote the principles of environmental <br /> sustainability wherever growth is fostered. <br /> 2-3:Provide regional and connected open space,parks, trails, and a recreation facilities <br /> System. <br /> 2-5:Prepare for a balanced inter-modal and multi-modal transportation system that <br /> addresses issues including safety, operations, economics, maintenance, and overall <br /> efficiency. <br /> 2-6:Foster a sense of community pride, embodied in the community's overall appearance, <br /> friendliness, environment, and historic uniqueness. <br /> 2-7:Preserve the County's mineral and natural resources for future generations. <br /> 5. Responses were received from the County Lands Department, County Ambulance,the <br /> Environmental Health Department, and the Road and Bridge Department,none of which <br /> are in opposition to the proposal; <br /> G. The proposed division of land is not detrimental to the general public health, safety and <br /> welfare. <br /> NOW,THEREFORE, BE IT RESOLVED, the Clear Creek Board of County Commissioners finds <br /> that Exemption by Resolution Case No. EX201170001 is not within the purposes of said CRS Title 30, <br /> Article 28, Part 1; that, as per Article 1504.02 (Criteria) of the Clear Creek County Subdivision <br /> Regulations,the proposal is unique in that it does not meet the criteria for any other process outlined in <br /> these Regulations, and the resulting parcels can comply with the conditions determined to be applicable by <br /> the Board,based upon the following: <br /> I. Proposed Lot 1 is a parcel of land that contains Clear Creek and is desired for development <br /> of the Clear Creek Greenway, <br /> 2. Proposed Lot 2 is currently developed as a concrete batch plant. <br /> NOW,THEREFORE,BE IT FURTHER RESOLVED, that the Board of County Commissioners <br /> APPROVES Exemption by Resolution Case No. EX2011-0001 subject to the following conditions: <br /> Page 2 of 3 <br />