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HomeMy WebLinkAboutR81-07 Vacation of County Road Near EdwardsT RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION N0, 81- IN RE THE MATTER OF THE VACATION OF THAT CERTAIN COUNTY ROAD LOCATED IN AND/OR NEAR EDWARDS, COLORADO WHEREAS, on the 27th day of January, 1981 at 11:00 A.M. in the Board of County Commissioners' room, McDonald Building, 550 Broadway, Eagle, Colorado, the Board of County Commissioners of the County of Eagle, Colorado, hereinafter referred to as - the "Board", considered the following, to wit: 1) Whether the road located between Highway No. 6 at Edwards north to the Old Bridge by Eagle River and running adjacent to properties presently owned by Chester and Wanda Ruminski, Jim and Esther Kemp, and Fritz Schmidt, is a County Roadias per the request of Mr. Fredric Butler, Esq., repres- enting Jim and Esther Kemp, said road hereinafter referred to as the "Edwards Road"; 2) Whether the survey, and metes and bounds legal description prepared under the direction and supervision of the County Engineer, Melton Atwell, accurately depict and describe the Edwards road; and 3) Whether the Edwards Road, if a County Road, should be vacated by the Board; and WHEREAS, this matter originally came before the Board at its regular meeting of August 5, 1980, upon a request by Mr. Jim Kemp to have the Board vacate the Edwards Road. The Board continued the hearing on September 2, 1980,and subsequent thereto, on November 3, 1980, in order to obtain additional ., t information regarding the Edwards Road; and WHEREAS, notice of the original hearing held August 5, 1980, was given by publication in the Eagle Valley Enter- prise on July 3, 1980, and individual notice was mailed cer- tified, return receipt requested, to all affected real property owners. In addition, individual notice of the hearing held January 27, 1981, was mailed certified, return receipt requested, to all affected real property owners; and WHEREAS, at the hearing held January 27, 1981, evidence was received in the form of statements by the following persons, to wit: -Bruce Eaton (property owner) -Fritz Schmidt (property owner) -Jim Kemp (property owner) -Hubert Peterson (County Treasurer) -Sam Carter (Road and Bridge Department) -Chester Ruminski (property owner) -Mel Atwell (County Engineer) -Beth A. Whittier (County Attorney) -Terence J. Quinn (Attorney respresenting Chester and G7anda Ruminski) -Fredric Butler (Attorney representing Jim and Esther Kemp) ; and the following exhibits which were admitted unto the record, to wit: Exhibit A: an aerial photo of the Edwards Road submitted by the County Attorney Exhibit B: a general description survey of the Edwards Road prepared by Johnson, Kunkel & Associates, Inc. Exhibit C: portions of the official minutes of the Board of County Commissioners' public meetings relative to the Edwards Road held on August 5, 1980, September 2, 1980, and November 3, 1980, respectively. Exhibit D: Warranty Deed dated September 9, 1908, between Martha L. Wellington and the County of Eagle, Colorado, duly recorded in Book 79 at Page 98 of the property records of the County of Eagle, Colorado. -2- Y 4 Exhibit E Exhibit F: Exhibit G: Exhibit H Exhibit I: Letter dated January 24, 1981, from Esther L. K1att to the County Attorney relative to the Edwards Road. Occupancy Survey Map of a parcel of land described in Book 133, at Page 575 of the Eagle County Records (Ruminski Property as occupied) dated March 24, 1980, and prepared under the direction of Jack W. Johnson, registered land surveyor in the State of Colorado. Survey of the Edwards Road prepared by David W. Grounds, Mountain Engineering & Land Surveying Co., under the direction and supervision of Melton Atwell, County Engineer. Legal Description by metes and bounds of the Edwards Road as depicted in the survey admitted as Exhibit G. Survey of NWT SE4 § 5.T.5S., R.82W. 6th Prin Mer. dated 11-17-48 and prepared by W.H.L. Exhibit J: an aerial photo of the Edwards Road submitted by Fritz Schmidt; and WHEREAS, based upon the testimony and evidence received at the hearing held January 27, 1981, and at the previous hear- ings held in this matter, THE BOARD DOTH FIND AS FOLLOWS, TO WIT: 1. By Warranty Deed admitted as Exhibit D and referred to herein, supplemented by testimony of Esther Klatt on August 5, 1980, and a letter from Esther Klatt admitted as Exhibit E and referred to herein, Martha L. Wellington intended to dedicate a sixty foot (60') right-of-way to the County on behalf of the public in the locale of the present Edwards Road. 2. By testimony of real property owners, and employees of the County Road and Bridge Department, the Edwards Road has been used by the public and maintained by the County without interruption and/or without objection on tr.e part of the owners of lands adjacent thereto for at least twenty (20) consecutive years. 3. Deeds to the respective owners' land adjacent to the Edwards Road have excepted therefrom any and all existing -3- r easements and rights-of-way of a public or private nature and/or have excepted therefrom a right-of-way of County Public Road. 4. The survey and metes and bounds legal description admitted as Exhibits G and H, respectively, and referred to herein, was based upon a. the physical location of existing fences along said roads; b. the physical limits of the existing cuts and files for the embankments of said road; and c. the physical traveled portion of said road as it presently exists and as such, accurately depicts and describes the Edwards Road. 5. The Edwards Road if vacated, would leave land adjoining said road without an established public road connecting said land with another established public road, i.e. land presently owned by Mr. Bruce Eaton and possibly Fritz Schmidt. NOW, THEREFORE, be it resolved by the Board of County Commissioners, County of Eagle, State of Colorado: THAT, the Board hereby finds, declares and determines that the Edwards Road has been in the past and is presently an established County public road pursuant to § 43-2-201, C.R.S. 1973, as amended. THAT, the Board hereby finds, declares and determines that the legal description of the Edwards Road by metes and bounds is as set forth in Exhibits G and H, respectively, which were submitted unto the record on January 27, 1981, and which are attached hereto and incorporated herein by this reference. THAT, the Board hereby finds, declares and determines that the request to vacate the Edwards Road is hereby denied by reason that pursuant to § 43-2-303, C.R.S. 1973, as amended, no roadway or part thereof shall be vacated so as to leave any -4- i ~~ i land adjoining said roadway without an established public road connecting said land with another established public road. THAT, this Resolution is necessary to preserve the public welfare, health and safety. MOVED, READ AND UNAMIOUSLY ADOPTED by the Board of County Commissioners, County of Eagle, Colorado, at its regular meeting held the 2nd of February, 1981. COUNTY OF EAGLE, STATE OF COLORADO By and through its BOARD OF COUNTY COMMISSIONERS ATTEST: BY: Da e F. Grant, Chair an By ~ ~~~1 c~z~ ~ ~~ erk of the and o Ke'th Troxel, Commissioner ounty Commissioners ~~ n APPROVED AS TO FORM: an Williams, t;ommissioner Beth A. Whittier County Attorney _v -5- ~" / • ~ •. U ~ , LEGAL DESCRIPTION COUNTY ROAD AT EDWARDS A parcel of land to be used as a roadway located in Section 5, Township 5 South, Range 82 West of the Sixth Principal Meridian, Eagle, County, Colorado according to the Dependent Resurvey and Survey of said township and range as approved by the Acting Chief, Division of Cadastral Survey in Washington, D.C. on December 7, 1977, being more particularly described as follows: Beginning at a point on the Northerly boundary of U.S. Highway No. 6 from which the Northeast Corner of said Section 5 bears N25°27'19"E. 3478.68 feet distant; thence along the Westerly boundary of said parcel of land on the following courses: 1) N~.'02°Ol' S6"E. 98.79 feet 2) S.87°58'04"E. 5.00 feet 3) N.02°01'56"E. 425.00 feet 4) N.87°58'04"W. 12.00 feet 5) N.02°01'56"E. 453.42 feet 6) S.87°58'04"E. 7.00 feet 7) 127.59 feet on the arc of radius of 108.32 feet, the 120.34 feet; a curve to the right having a chord of which bears N.35°46'37"E. thence S.20°28'43"E. 40.00 feet; thence along the Easterly boundary' of said parcel of land on the following courses: 1) 80.47 feet on radius of 68. 75.90 feet 2) S.02°01'56"W. 3) S.87°58'04"E. 4) S.02°01`56"W. 5) N.87°58'04"W. 6) 5.02°01'56"W. the arc of 'a curve to the left having a 32 feet, the chord of which bears S.35°46'37"W. 158.42 feet 10.00 feet 95.00 feet 10.00 feet 706.82 feet to the intersection with the westerly right of way boundary of the access road to I-70; thence along said westerly right of way boundary 5.30°58'34"W. 38.59 feet to the Northerly boundary of U.S. Highway No. 6; thence along said Northerly boundary 27.14 feet on the arc of a curve to the left having a radius of 2915.00 feet, the chord of which bears N.49°44'36"W. 27.14 feet to the point of beginning. Said parcel of land contains 1.0428 acres, more or less. ~"X~/81T f~