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HomeMy WebLinkAboutR92-114 vacation of Trout Court right of wayC, C, 6561 9 09,/J0,/92 14a 3'.5 PG 1 OF 5 RE DOt ,7'OHNINETTE PHILLIPS EAGLE Ct?CJNTY CLERK, COLORADO 0,00 € .. 00 Commissioner C A-7—_eS moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 92 - N VACATION OF A PUBLIC RIGHT -OF -WAY COMMONLY REFERRED TO ` AS Trout Court, COUNTY OF EAGLE, STATE OF COLORADO WHEREAS, pursuant 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."), the Board of County Commissioners of the County of Eagle, State of Colorado (hereinafter the "Board "), has 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 Patti Penwill, representative of the Eagle Vail Metropolitan District, (hereinafter referred to as "Petitioner ") , the Board was asked to vacate a public right -of -way commonly referred to as Trout Court, located in Block 3, Filing 1, Eagle -Vail P . U . D . , Eagle County, Colorado; and WHEREAS, notice of public hearings before the Eagle and Colorado Valley Planning Commission and the Board to consider the proposed vacation of the subject public right -of -way was duly published in the Eagle Valley Enterprise; and WHEREAS, at its regular meeting of August 15, 1990, the Eagle and Colorado Valley Planning Commission recommended approval of the vacation of the subject public right -of -way, subject to existing easements being identified and maintained, and to comments made by referral agencies; and WHEREAS, at a public hearing held October 23, 1990, the Board determined that the public right -of -way described in the three -page Exhibit "A" attached hereto and incorporated herein by this reference 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; and WHEREAS, no comments or recommendations have been received from said agencies or interested parties. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: 486561 8- 590 P-462 09,/30,/92 14:35 PG 2 OF 5 THAT, upon the recording of this Resolution and the attached Exhibits, the Board hereby divests, relinquishes and vacates any and all rights it may have in the public right -of -way described in this Resolution and the attached Exhibits. 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, Quit Claim Deeds divesting the County of any interest it may have in the subject public right -of- way, in favor of the owners of Lot 68 and Lot 69, which lots lie on either side of the right -of -way being vacated hereby. THAT, the aforesaid vacation of the right -of -way described in the Exhibits 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 September, 1992, nunc pro tunc, October 23, 1990. By 5 Clerk to the Board of County Commissioners By: COUNTY OF EAGLE, STATE OF CO by and Through Its B OF OUNTY COMMISSIONERS rd L.",�bAEafsod VChairman rge dX. Gates, Commissioner A/-, 7 Donald H. Welch, Commissioner r'I Commissioner 6 v7" d IV seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner George A. Gates 2� Commissioner Richard L. Gustafson _a- Commissioner Donald H. Welch S� This Resolution passed by vote of the Board of County Commissioners of the County of Eagle, State of Colorado. #86 -76 sub -2- Johnson, Kunkel & Associates, Inc. LAND SURVEYING ' CIVIL ENGINEERING ' MAPPING Eagle: (303) 328 -6368 P.O. Box 409 • 113 East 4th Street a Eagle, Colorado 81631 Metro: (303) 287 -0835 486 561 B —.5` 0 P--462 09,,"30,,°'92 14:35 PC 3 OF 5 LEGAL DESCRIPTION PARCEL A, WESTERLY PORTION OF TROUT COURT ADJOINING LOT A, ELEVEN TROUT COURT A parcel being a portion of Trout Court according to the Final Plat of Eagle -Vail Subdivision, Filing No. 1, Eagle County, Colorado in Book 225 at Page 302 of the Eagle County records; said parcel being more particularly described as follows: Beginning at the southeast corner of Lot A, Eleven Trout Court, Eagle County, Colorado according to the Final Plat thereof recorded in Book 294 at Page 906 of the Eagle County Records; thence along the easterly line of said Lot A N.05 °11106 "E. 63.64 feet; thence departing said easterly line S.84 °48154 "E. 25.00 feet to a point on the centerline of said Trout Court; thence along said centerline S.05 011106 11W. 63.64 feet to a point on the extension of the northerly right -of -way boundary of Trout Pond Lane; thence along said extension N.84 048154 "W. 25.00 feet to the point of beginning. Said parcel contains 0.037 of an acre or 1,591 square feet, more or less. Date Steven K. Scgt`t..— LS g } Senior Vice :-P-gesida ►- �`: Johnson, Kux*M &2 iats, Inc. \91099 \pclalgl.doc EXHIBIT "A" (1 of 3 ) Johnson, Kunkel & Associates, Inc. LAND SURVEYING ' CIVIL ENGINEERING ' MAPPING P.O. Box 409 • 113 East 4th Street • Eagle, Colorado 81631 486561 B -590 P-462 09,,,'jO,,,' 2 14 : X55 PG 4 OF S LEGAL DESCRIPTION PARCEL B, WESTERLY PORTION OF TROUT COURT ADJOINING LOT B, ELEVEN TROUT COURT Eagle: (303) 328 -6368 Metro: (303) 287 -0835 A parcel being a portion of Trout Court according to the Final Plat of Eagle -Vail Subdivision, Filing No. 1, Eagle County, Colorado recorded in Book 225 at Page 302 of the Eagle County records; said parcel being more particularly described as follows: Beginning at the southeast corner of Lot B, Eleven Trout Court, Eagle County, Colorado according to the Final Plat thereof recorded in Book 294 at Page 906 of the Eagle County Records; thence along the easterly line of said Lot B N.05 °11106 "E. 23.94 feet; thence continuing alond said easterly line 11.87 feet along the arc of a non - tangent curve to the right with a radius of 45.00 feet, the chord of which bears N.43 °30140 11W. 11.83 feet; thence departing said easterly line S.88 030150 "E. 33.96 feet to a point on the centerline of said Trout Court; thence along said centerline 5.05 011106 "W. 33.94 feet; thence departing said centerline N.84 °48'54 "W. 25.00 feet to the point of beginning. Said parcel contains 0.020 of an acre or 869 square feet, more or less. Date \91099 \pclblgl.doc Steven K. SAC Senior Vice_ Johnson, Kilt} PLS Jffjp! �oc3.'; EXHIBIT "A" (2 of 3) 4. s, Inc. Johnson, Kunkel & Associates, Inc. LAND SURVEYING • CIVIL ENGINEERING ' MAPPING P.O. Box 409 • 113 East 4th Street • Eagle, Colorado 81631 486561 Et -590 P -462 057/30,+'`92 14.35 PG 5 OF 5 LEGAL DESCRIPTION PARCEL C, EASTERLY PORTION OF TROUT COURT ADJOINING LOT 68, EAGLE -VAIL FILING NO. 1 Eagle: (300;328 -6368 Metro: (303)287 =0835 KKK; A parcel being a portion of Trout Court according to the Final Plat of Eagle -Vail Subdivision, Filing No. 1, Eagle County, Colorado recorded in Book 225 at Page 302 of the Eagle County records; said parcel being more particularly described as follows: Beginning at the southwest corner of Lot 68, Eagle -Vail Subdivision, Filing No. 1, Eagle County, Colorado; thence along the extension of the northerly right -of -way boundary of Trout Pond Lane N.84 °48'54 "W. 25.00 feet to a point on the centerline of said Trout Court; thence along said centerline N.05 011'06 "E. 97.58 feet; thence departing said centerline S.88 °30'50 "E. 37.50 feet to a point on the westerly line of said Lot 68; thence along said westerly line 17.68 feet along the arc of a non - tangent C� curve to the right with a radius of 45.00 feet, the chord of which bears S.50 °10'57 "W. 17.56 feet; thence continuing along said westerly line S.05 °11'06 "W. 87.58 feet to the point of beginning. Said parcel contains 0.058 of an acre or 2,542 square feet, more or less. Date • Steven K. Scotic�o° 260 Senior. Vice' P #e�i`'d Johnson, Runkdj1_2*& at,�fm Inc. w \91099 \pciclgl.doc LA`: %�,,.;'� •11,1�Jiir�tttii� 1'~ EXHIBIT "A" (3 of 3 )