HomeMy WebLinkAboutR92-158 vacation of right of way between Avon and Dowd Junction - Nottingham Propertyco I
Commissioner moved adoption
of the following SEesolu tion:
BOARD OF COUNTY COMMISSIO RS
COUNTY OF EAGLE, STATE OF C^T10RADO
RESOLUTION NO. 92 - 1 ['
VACATION OF PUBLIC RIGHTS -OF -WAY WHICH MAY BE
LOCATED WITHIN "NOTTINGHAM PROPERTY" BETWEEN
AVON and DOWD JUNCTION,
COUNTY OF EAGLE, STATE OF COLORADO
File No. G -72 -92
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 NOTTINGHAM INVESTMENT
CO., a Colorado limited partnership, and WILLIAM E. NOTTINGHAM, JR.
(jointly referred to as "Petitioner "), the Board was asked to vacate
all roads located within certain property located between The Town of
Avon and the Dowd Junction area of Eagle County, Colorado; and
WHEREAS, notice of public hearings before the 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 5, 1992, the Planning
Commission recommended approval of the petition insofar as the roads
described in the petition are public rights -of -way; and
WHEREAS, at a public hearing held September 22, 1992, the Board
determined that the roads located in Exhibits "A" and "B" attached hereto
and incorporated herein by this reference lie 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 all such comments have been fully considered
by the Board.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF EAGLE, STATE OF COLORADO:
490590 B-594 F- 495 11,/17/'92 16 11 PCB 1 OF 6 REC: D-O
JOHNNETTE PHILLIPS EAGLE C:t7t1NTY CLERK, COLORADO 0.00 0.00
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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 rights -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 rights -
of -way, in favor of the Petitioner.
THAT, the aforesaid vacation of the rights -of -way described in
the Exhibits shall not be construed as affecting in any bray *.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 November, 1992, nunc pro tunc September 22, 1992.
COUNTY OF EAGLE, STATE OF COLORADO,
By and Through Its BOARD OF COUNTY
ATTEST: ° "y i �'4 w COMMISSIONERS
By: By:
Clerk t rd o Richard L. Gustafson, Chairman
County Comma sioners
Georg A. 8ates, Commissioner
Donald . Welch, Commissioner
and Chairman Pro Tem
Commissioner seconded adoption of the
foregoing resolution. The roll having been called, the vote was as
follows:
Commissioner George A. Gates 2.r
Commissioner Richard L. Gustafson �x
Commissioner Donald H. Welch}r.�{�
This Resolution passed by d vote of the Board of County
Commissioners of the County of Eagle, State of Colorado.
$92 -new
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G -72 -92 NOTTINGHAM
EXHIBIT A
PROPERTY DESCRIPTION
TOWNSHIP 5 SOUTH, RANGE 81 WEST OF THE 6TH P.M.
SECTION 7: All that part of the NW1 /4 and the S1 /2, lying
Northerly of Interstate ',0 Highway right of way.
SECTION 8: N1 /2, N1 /2S1/2, SE1 /4SE1 /4 and that part of the
SW1 /4SW1 /4 lying Northerly of the Interstate 70
Highway right of way.
SECTION 9: N1 /2, N1 /2S1/2, SW1 /SW1 /4, SW1 /4SE1 /4
SECTION 10: N1 /2, NW1 /4SW1 /4
SECTION 17: That part of the N1 /2NE1 /4 more particularly
described as follows:
Beginning at the corner common to Sections 8, 9, 16 and 17 in
said Township and Range
thence S. 1 degrees 41' E. 170.00 feet along the East boundary of said
Section 17, to the center of the Eagle River;
thence along the center of the Eagle River (Filum aquce) on the average
course of N. 89 degrees 241 W. 1037.9 feet;
thence N. 86 degrees 07' W. 472.00 feet;
thence N. 89 degrees 29' W. 538.00 feet;
thence S. 82 degrees 34f W. 606.00 feet, to the West boundary of
said N1 /2NE1 /4 of Section 17;
thence N. 0 degrees 281 W. 230.00 feet to the N1 /4 corner of said
Section 17;
thence S. 89 degrees 22' E. 2644.62 feet, to the place of beginning.
EXCEPTING FROM Section 17 that portion heretofore conveyed to the
Denver & Rio Grande Western Railroad by Deed recorded May 25, 1887
in Book 31 at Page 70.
TOWNSHIP 5 SOUTH RANGE 82 WEST OF THE 6TH P.M.
SECTION 12: All that part of the SE1 /4NE1 /4 lying Northerly of the
Interstate 70 Highway road right of way and Easterly
of a line described as follows:
Beginning at a point on the North line of the said SE1 /4NE1 /4
from which point the Northeast Corner of said Section 12 bears N.
37 degrees 29' 30" E. 1655.4 feet;
thence S. 19 degrees 181 W. 1261.1 feet to a point on the Northerly
right of way line of the Denver and Rio Grande Western Railroad
right of way.
4905 90 B--594 P -495 11,/17,d'9 16-11 PG 3 OF 6
(Page 1 of 3)
G -72 -92 NOTTINGHAM
A parcel of land located in the E1 /2 of Section 12, Township 5
South, Range 82 West of the 6th Principal Meridian, and in the
W1 /2 and the SE1 /4 of Section 7, Township 5 South, Range 81 West
of the 6th Principal Meridian and the SW1/4SWi /4 of Section. 8,
Township 5 South, Range 81 West of the 6th Principal Meridian,
lying southerly of Interstate 70 Right of way, easterly of
Benchmark Subdivision and northerly of the Denver and Rio Grande
Western Railroad right of way in Eagle County, Colorado, more
particularly described as follows:
Beginning at a point on the southerly right of way line of
Interstate 70 whence the North Quarter corner of said Section 7
bears N. 10 degrees 17120" W. 3308.72 feet; thence the following
12 courses along said southerly right of way line:
1) S. 70 degrees 22143" E. 431.20 feet;
2) S. 68 degrees 23'13" E. 333.80 feet;
3) S. 51 degrees 44113" E. 352.60 feet;
4) S. 24 degrees 13113" E. 96.20 feet;
5) S. 45 degrees 43f43" E. 203.80 feet;
6) S. 37 degrees 16113" E. 327.70 feet;
7) S. 32 degrees 40143" E. 164.70 feet;
8) S. 50 degrees 10113" E. 210.60 feet;
9) S. 38 degrees 45113" E. 521.50 feet;
10) S. 69 degrees 45143" E. 670.90 feet;
11) S. 80 degrees 21143" E. 654.70 feet;
12) along a curve to the right having a radius of 1734.90 feet,
a central angle of 11 degrees 0511411, an arc distance of 335.72
feet, and a Long Chord of 335.19 feet bearing S. 72 degrees 08'
02" E. to the easterly line of the SW1 /4SW1 /4 of Section 8;
thence S. 00 degrees 01100" W. 65.80 feet along said easterly
line to the southerly line of said Section 8; thence N. 89
degrees 32' 28" W. 529.28 feet along said southerly line to the
northerly right of way line of the Denver and Rio Grande Western
Railroad; thence the following 12 courses along said right of way
line:
1) along a curve to the right having a radius of 2033.48 feet,
a central angle of 03 degrees 4414211, an arc distance of
132.91 feet, and a Long Chord of 132.89 feet bearing N.
70 degrees 30109" W.;
(Page -2- of 3) EXHIBIT "A"
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490590 B -594 P °495 11,tr17,, "92 16:11 PG 5 OF 6
G -72 -92 NOTTINGHAM
2)
N. 68 degrees 37' 48" W. 527.88 feet;
3)
along a curve to the left having a radius of 5779.70 feet,
a central angle or 02 degrees 1712811, an arc distance of
231.12 feet, and a Long Chord of 231.09 feet bearing N. 69 degrees
46132" W.;
4)
S. 00 degrees 14131" E. 21.20 feet;
5)
along a curve to the left having a radius of 5759.70 feet, a
central angle of 11 degrees 2115511, an arc distance of 1142.50
feet, and Long Chord of 1140.63 feet bearing N. 76 degrees 32'
02" W.;
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6)
N. 82 degrees 13100" W. 1136.53 feet;
7)
along a curve to the right having a radius of 1880.00 feet, a
central angle of 16 degrees 42'10 ", an arc distance of 548.06
feet, and a Long Chord of 546.11 feet bearing N. 73 degrees 51,
55" W.;
8)
N. 00 degrees 12123" W. 220.4 feet;
9)
along a curve to the right having radius of 1860.00 feet, a
central angle of 00 degrees 51'50 ",an arc distance of 28.04 feet,
and a Long Chord of 28.04 feet bearing N. 64 degrees 47155" W.;
10)
N. 64 degrees 22100" W. 2363.48 feet;
11)
along a curve to the left having a radius or 34427.50 feet, a
central angle of 01 degrees 3911211, an arc distance of 993.44 feet,
and a Long Chord of 993.41 feet bearing N. 65 degrees 11136" W.;
12)
N. 66 degrees 01112" W. 1260.13 feet to the easterly line of
Benchmark Subdivision;
thence N. 18 degrees 56'36" E. 996.58 feet along said easterly
line to the southerly right of way line of said Interstate line
70;
thence the following 9 courses along said southerly right of
way
line:
1)
S. 54 degrees 28f43" E. 232.86 feet;
2)
along a curve to.the left having a radius of 5950.00 feet, a
central angle of 07 degrees 0313411, an arc distance of
733.10 feet a Long Chord of 732.64 feet bearing S. 66 degrees
50143" E.;
3)
S. 68 degrees 12143" E. 794.70 feet;
4)
S. 70 degrees 22143" E. 800.00 feet;
5)
S. 80 degrees 18113" E. 406.10 feet;
6)
S. 70 degrees 22143" E. 1200.00 feet;
7)
S. 51 degrees 07'13 " E. 105.90 feet;
8)
S. 70 degrees 22143" E. 300.00 feet'
9)
S. 88 degrees 23113" E. 210.30 feet to the point of beginning.
COUNTY OF EAGLE
STATE OF COLORADO
(Page -3 of 3) EXHIBIT "A"
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