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HomeMy WebLinkAboutC09-055 Krueger DevelopmentVACATION OF EASEMENT THIS VACATION OF EASEMENT is made this ~ day of -~r8ra4Qc1 2009, by and between Eagle County, Colorado, whose address is c/o Eagle County Attorney, P.O. Box 850, Eagle, CO 81631 (hereinafter referred to as "Grantor"), and Krueger Development Company, Ltd. Liability Company, a Colorado limited liability company, whose address is PO Box 630, Edwards, CO 81632 (hereinafter referred to as "Grantee"). RECITALS A. The Grantee is the fee simple owner of Lot 50, Block 1, Eagle-Vail Subdivision Filing No. 1. B. The Final Plat of the Eagle-Vail Subdivision Filing No. 1 was duly approved by the Board of County Commissioners of Eagle County, Colorado and recorded in the office of the Eagle County Clerk and Recorder on September 6, 1972 as Reception No. 121075 (the "Eagle- Vail Filing No. 1 Final Plat"). C. Pursuant to a Petition submitted by Grantee, the Board of County Commissioners (the "Board") was asked to vacate a portion of a seventy-foot (70') wide Stone Creek Easement (the "vacated easement") on Lot 50, Block 1, dedicated to Eagle County, Colorado for public use per the Eagle-Vail Filing No. 1 Final Plat; the vacated easement more particularly described in Exhibit "A" and shown on a map in Exhibit "B." D. The Board conducted a public hearing on December 23, 2008 and approved the Grantee's request. Results of said hearing are depicted in Resolution No. 2008-146, and recorded in the office of the Eagle County Clerk and Recorder on January 14, 2009 as Reception No. 200900505. NOW, THEREFORE, in consideration of the terms of this Vacation of Easement, the parties hereto agree as follows: The vacated easement, as identified in Recital C above, is hereby vacated, and shall be of no further force or effect for any purposes. This Vacation of Easement shall not affect any other easements of record other than the vacated easement. All provisions of the vacated easement, including all benefits and burdens, shall run with the land and shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto, subject to the provisions hereof. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. GRANTOR: Eagle County ATTEST By: IP~U', Sara J. Fisher, hairman GRANTEE: Krueger Development Company, Ltd. Liability Company By: J eger, Manager STATE OF COLORADO ) ss. COUNTY OF EAGLE ) The,~fore oing Vacation of Easement was subscribed and sworn to before me this day of ..~ / , 2009, by Sara J. Fisher as Chairman of the Board of County Commissioners of Eagl 'County. WITNESS my hand a seal. (S E~'CY R'WRIGHT TARY PUBLIC STATE OF COLORADO My Commission Expires 1 211 8120 1 0 r ~~ / `' 1~ Notary Pub i My commission expires: /~---/~~ /Z e~ ~c~ STATE OF COLORADO ) ss. COUNTY OF EAGLE ) The foregoing Vacation of Easement was subscribed and sworn to before me this day of January, 2009, by John Krueger as Manager of Krueger Development Company, Ltd. Liability Company. WITNESS my hand (SEAL) `1T~ ~~~ seal. ~u~~5 ~Golti 2 My commission expires: • „, .. ~r~er-Maun#ain EXHIBIT A ~!G-NEERING . ,. Civil Engineers 8~ Surveyors LEGAL DESCRIPTION EASEMENT VACATION A portion of an existing 35 foot Stone Creek Easement lying in Lot 50, Block 1, Eagle- Vail Subdivision Filing No. 1, a subdivision as recorded at Reception No. 121075 in the Office of the Clerk and Recorder of Eagle County, Colorado, more particularly described as follows; Commencing at the southeast corner of said Lot 50, common to the southwest corner of Lot 49 and on the northerlyright-of--way of Stone Creek Drive; Thence N 66°14'00" W along the southerly line of said Lot 50 a distance of 40.71 feet to a point on the westerly easement line of said Stone Creek Easement; Thence N 06°56'29" W along said easement line a distance of 21.39 feet to the True Point of Beginning of the parcel hereon described; Thence S 66°13'05" E a distance of 7.48 feet; Thence N 23°49'55" E a distance of 12.48 feet; Thence N O1°20'48" W a distance of 27.70 feet; Thence N 12°29'48" W a distance of 11.73 feet; Thence N 07°53'04" W a distance of 17.01 feet; Thence N 35°54'00" W a distance of 12.77 feet; Thence N 19°39'53" W a distance of 17.63 feet; Thence N 12°53'43" W a distance of 4.05 feet; Thence N 66° 14'00" W a distance of 4.20 feet to a point on the westerly line of said easement; Thence S 06°56'29" E a distance of 97.68 feet along the westerly line of said easement to the True Point of Beginning, containing 1,143 square feet or 0.026 acres more or less. .r.~,~-~. ~~° ~E~i~ ., .b ~. _ ~cb w Ltd., Duane D. . & P.L.S. 26626 P.O. 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