HomeMy WebLinkAboutR92-009 vacation of Pinto Drive in Berry Creek Ranch Subdivisioncommissioner CAI - 61-9 moved adoption
of the following Resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 92 - 0
VACATION OF A PORTION OF A PUBLIC RIGHT-OF-WAY
COMMONLY REFERRED TO AS Pinto Drive, LOCATED
WITHIN BERRY CREEK RANCH SUBDIVISION,
COUNTY OF EAGLE, STATE OF COLORADO
WHEREAS, C.R.S. 43-2-301, et seq. and Section 2.22 of the Eagle
County Land Use Regulations, 1982 as amended (the "L. U. R. 11 ) , grants
to the Board of County Commissioners of the County of Eagle, State
of Colorado (hereinafter the "Board"), the power and authority to
vacate any public right-of-way or public easement located entirely
within the County of Eagle; and
WHEREAS, pursuant to Petition submitted by Charles H. Harris,
the Board was asked to vacate a portion of the maintenance easement
lying adjacent to Pinto Drive, which portion crosses Lot 44, Block
5, Filing 4, Berry Creek Ranch Subdivision, in Eagle County; and
WHEREAS, notice of public hearing before the Board to consider
the proposed vacation of the subject maintenance easement was duly
published in the Eagle Valley Enterprise; and
WHEREAS, at its regular meeting of September 20, 1989, the Eagle
County Planning Commission recommended approval of the vacation of
the subject maintenance easement; and
WHEREAS, at a public hearing held November 6, 1989, the Board
determined that the maintenance easement described hereinbelow lies
entirely within Eagle County, and not within the limits of any Town;
and that all easement holders of record, affected governmental entities
and adjacent property owners have been notified of the proposed
vacation, and have been given an opportunity to comment.
The portion of the maintenance easement to be vacated is described
as follows:
The southerly 15.00 feet of a 40.00-foot wide
Road Maintenance Easement located in Lot 44,
Block 5 of Berry Creek Ranch, Filing No. 4, as
recorded February 27, 1980, in Book 229 on Page
322 of the records of the Clerk and Recorder's
Office for Eagle County, Colorado.
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467254 B-571 P-136 01 16,-53 PG I OF 3 REC DOC
JOHNNETTE PHILLIPS E14GLE COUNTY CLERK, COLORADO 0.00 0000
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO:
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THAT, upon the recording of this Resolution, the Board hereby 0
divests, relinquishes and vacates any and all rights it may have
in the subject maintenance easement described hereinabove.
THAT, pursuant to Section 2.22(10), L.U.R., the Chairman of
the Board is directed to execute on behalf of the Board and cause
to be recorded in the office of the County Clerk and Recorder, a
Quit Claim Deed divesting the County of any interest it may have
in the above-described maintenance easement, in favor of Charles
H. Harris, the present owner of the property lying adjacent to the
easement being vacated hereby.
THAT, the Chairman of the Board is further directed to record
in the records of the Clerk and Recorder the amended plat for Lot
44, Block 5, Berry Creek Ranch, Filing 4, which depicts the portion
of the road maintenance easement being vacated.
THAT, the aforesaid vacation shall not be construed as affecting
in any way whatsoever any and all existing recorded easements
necessary for utilities or other public services.
MOVED, READ AND ADOPTED by the Board of County Commissioners
of the County of Eagle, State of Colorado, at its regular meeting
held the day of January, 1992, nuns pro tunc November 6,
1989.
C=4TY OF EPC31E, STATE OF COLORADO,
By and Through Its BOARD OF COUNTY
COMMISSIONERS
By: 7 q-:b SeA
Richard L. Gustafson, Chairman
Georg A. Gates, Commissioner
467.2 B-571 P-136 01/2 16--53 PG 2 OF 3
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C.
Commissioner otlek seconded adoption of
the foregoing resolution. The roll having been called, the vote
was as follows:
Commissioner George A. Gates
Commissioner Richard L. Gustafson
Commissioner Donald H. Welch
This Resolution passed by 6( 0 vote of the Board of county
Commissioners of the County of Eagle, State of Colorado.
#G-55-89
467254 8-571 P-136 01,/21/92 16:53 PG 3 OF 3
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