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Home My WebLink AboutR81-27 Vacation of County Road Located in Edwards RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION N0. 81- o~ VACATION OF THAT CERTAIN COUNTY ROAD LOCATED IN OR ADJACENT TO EDWARDS, COLORADO WHEREAS, pursuant to Section 43-2-303, C.R.S. 1973, as amended, the Board of County Commissioners of the County of Eagle, Colorado, hereinafter referred to as the "Board", has the power and authority to vacate any County right-of-way located entirely within the County of Eagle, Colorado; and WHEREAS, pursuant to Resolution No. 81-7 adopted by the Board on February 2, 1981, the Board denied a request to vacate that certain County right-of-way described in Exhibit "A" attached hereto and incorporated herein by this reference, hereinafter referred to as the "Edwards Road", 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 land adjoining said roadway without an established public road connecting said land with another established public road; and WHEREAS, subsequent to the adoption of Resolution No. 81-7, a request was made for the Board to reconsider the vacation of the Edwards Road; and WHEREAS, the Board, on September 14, 1981, did hold a public hearing to reconsider the vacation of the Edwards Road; and WHEREAS, notice of the aforesaid hearing was given by publication in the Eagle Valley Enterprise on August 13, 1981, August 27, 1981, and September 10, 1981, respectively, and individual notice was mailed certified, return receipt requested, to all affected real property owners and other interested parties thereto; and WHEREAS, based upon additional and new information and evidence received at the hearing held September 14, 1981, THE BOARD DOTH FINDS AS FOLLOWS, TO WIT: 1. That the County right-of-way described in Exhibit A is entirely within the County of Eagle and not within the limits of any city or town. 2. That the vacation of the County right-of-way described in Exhibit A would not leave any land adjoining said roadway without an established public road connecting said land with another established public road; the reason being that land presently owned by Fritz Schmidt has legal access to the Interstate 70 access road, and the land presently owned by Bruce Eaton has legal access to State Highway No. 6 and 24. NOW, THEREFORE, be it resolved by the Board of County Commissioners of the County of Eagle, Colorado: THAT, upon the recording of this Resolution and the attached Exhibit A, the Board hereby divests and relinquishes any and all rights it may have in the County right-of-way described in this Resolution and the attached Exhibit A, and hereby vacates, declares and decrees that said County right- of-way shall no longer be any part of the County of Eagle roadway system. MOVED, READ AND UNANIMOUSLY ADOPTED by the Board of County Conunissioners of the County of Eagle, Colorado, at -2- its regular meeting held the 17th day of September, 1981. ATTEST: ~~ By : - ~ xerk of the Board o ounty Commissioners APPROVED AS TO FORM: COUNTY OF EAGLE, STATE OF COLORADO By and through its BOARD OF COUNTY COMMISSIONERS BY: Da e F. Grant, C airman Beth A, ittier County Attorney _ l ~ Keit roxe ommissioner ~~. ~,<. u~-~ Dan Williams, Commissioner -3- 'v ~ ~ • EXHIBIT "A" TO RESOLUTION N0. 81- ~`~ 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°01'56"E. 98.79 feet 2) 5.87°58'04"E. 5.00 feet 3) N.U2°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 a curve to the right having a radius of 108.32 feet, the chord of which bears N.35°46'37"E. 120.34 feet; thence 5.20°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 the arc of a curve to the left having a radius of 68.32 feet, the chord of which bears S.35°46'37"W. 75.90 feet 2) S.02°01'56"W. 158.42 feet 3) S.87°58'04"E. 10.00 feet !+) 5.02°01'56"W. 95.00 feet ~) N.87°58'04"W. 10.00 feet 6) S.02°01'56"W. 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 S.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.