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HomeMy WebLinkAboutR92-046 disclaiming agreements by Eagle County re: Spring Creek as potential source of water for airport4 73 781 B-577 P-669 0 5,,='92 11 :1 9 PG I OF 3 REC DOC JOHNNETTE PHILLIPS EA E COUNTY CLERK, COLORADO CN00 0.00 Commissioner b0i ( Ok- moved adoption of the following Resoluti n: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 92 DISCLAIMING ANY INTEREST IN CERTAIN AGREEMENTS PREVIOUSLY ENTERED INTO BY EAGLE COUNTY CONCERNING SPRING CREEK AS A POTENTIAL SOURCE OF WATER FOR THE EAGLE COUNTY REGIONAL AIRPORT WHEREAS, in 1986, the County of Eagle, State of Colorado, by and through its Board of County Commissioners (hereinafter "the County"), considered and planned for the expansion of the Eagle County Regional Airport ("Airport"); and WHEREAS, in conjunction with the proposed expansion, the County sought to identify potential sources of water supply therefor; and WHEREAS, the County entered into agreements ("Agreements") with certain owners ("Owners") of Spring Creek water rights in order to acquire some of the water rights, subordinate other water rights, and acquire easements from the owners in exchange for providing water service to the owners as set forth is said Agreements; and WHEREAS, since entering into said Agreements, the County has contracted with Vail Valley Consolidated Water District to provide water required by the Airport expansion, and no longer has a need for the Spring Creek water which is the subject of the Agreements; and WHEREAS, in January, 1992, the County quit-claimed back to the owners the water rights and the easements which were granted to the County by said Agreements; the Agreements and subsequent documents are more fully described in Exhibit A attached hereto and incorporated herein by this reference; and WHEREAS, the County desires at this time to clarify and confirm that it no longer has any interest in the water rights or easements which are described in the Agreements. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, the County has no further interest in any of the provisions of any of the Agreements described in Exhibit A. The County is not diligently pursuing and does not plan to pursue construction of a water system from Spring Creek, and as a result said Agreements are now "null and void and of no further force and effect," as provided by said Agreements. THAT, the County disclaims and quit claims to the Owners any interest the County may have remaining (notwithstanding the recording of the Quit Claim Deeds as described in Exhibit A) in the water rights, temporary construction easements, and water line easements described in the subject Agreements. THAT, the County further disclaims all responsibilities which may have been attributed to the County by said Agreements. THAT, a copy of this Resolution shall be recorded in the records of the Eagle County Clerk and Recorder. MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting e 17,E day of 1992. L *r_ 0 By erk to the Board o unty Commissioners By: COUNTY OF EAGLE, STATE OF COL9RAD0 by and Through Its BOARD OF OUNTY COMMISSIONERS cnara L. 73ust7ats ueorge tV. dazes, commissioner Dona . We c , Commissioner commissioner n T � seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner George A. Gates Commissioner Richard L. Gustafson cd Commissioner Donald H. Welch This Resolution passed by vote of the Board of County Commissioners of the County of Eagle, State of Colorado. 4 -A -5 -2- 473781 B P 04,/15,/92 11.19 TG 2 O 3 Go C�P144 Ca w to Z ?u a 1-- r- o (D (D F-h (D r- 0) (D 0 � :N� as �n� (D (DP) ro Oat m nn x a N ¢ :ri (D (D w O ct`` x (D tz n o N� ( m c 51 4 n ,.• n cn w 5 0 (D " u, su a I" W ct . 1 Q. PA !W ro ct • U (D kx ` 4 4 4 a °, cct row0 roar rote a0• Q ° PV w0• m s)0• (D to rr N P� m P� N N N n (D lA N iA Fs iA . (D 0 %D Ln O to O tP (D 0 taC)% OrnN NrnN 9 n M Oo - j � t�'t Fy�+i W 1 M H 4 4 4 a W `�'+ rote roar �c H aW:3 a0 a0• s) 0• a(D H (D x N (D x (D x c t x F-A N N O (D Ln gs" FA 4!a FA IA . 0 O Ln O to O to ( 0 O C)1 1. W Cy) F N CA F-s O K OD OD OD "►S .,r -J 14 •.1 c•t 4 4 W rout: roW0 at 0 0 w 0 w0 0 0 Il n (D ,`r.' N (D ,SS' N (D PC' N. ,.:„ - - 0 (p .... O O O 0 to Cn %D Ln 6 N 0 OD +.1 M J OD V t0 O I-' Ln O F -1 O F '� O Q+ to to AD, .. C-t l0 t0 t0 M `«3 N N Ct Y N io d 4 4 ti ' n w robin roa0 row0 VI (`DD O • A w O - w0.; 0) t-h w0 w0 to o cnn�u m x o xo m PV r,) -3 5'0 ua to to Ln ' tti cn . (D 0 CO •.1 OD .J OD -J 0 0 " w O o F-' OD O I-s ct 0 a t0 kD t0 N P W to %D 0 N N N ctW 1 .4 473781 B -577 P-- 04/15 11.19 Pty 3 OF 3