HomeMy WebLinkAboutR92-184 Vacation of A Public Right-of-Way � I
1:1D L
- � Commissioner � moved adoption
of the following Resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 92 - /g H
VACATION OF A PUBLIC RIGHT -OF -WAY 6Y
ALONG THE COLORADO RIVER ROAD
4 T s
BETWEEN INTERSTATE 70 and DEEP CREEK ROAD
COUNTY OF EAGLE, STATE OF COLORADO Di
y
rry
File No. G -68 -91 L
WHEREAS, pursuant C.R.S. 43 -2 -301, et seq. and Section 2.22 of the T,
Eagle County Land Use Regulations, 1982 as amended (the "L.U.R. "), the r .;
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, the Colorado River Road (County Road 301) as presently
located between Interstate 70 and Deep Creek Road fails to follow the
right -of -way previously granted to Eagle County; and
WHEREAS pursuant to Petition submitted by The Bureau of Land
Management, and by William A. Stephens, (hereinafter referred to as
"Petitioners "), the Board has been asked to vacate the previous right- 7
of -way crossing Petitioners' respective properties, in exchange for a
right -of -way congruent with Colorado River Road as it exists today; and
WHEREAS, notice of public hearings before the Planning Commission ,
and the Board to consider the proposed vacation of the subject public gr
right -of -way was duly published in the Eagle Valley Enterprise; and
WHEREAS, at its regular meeting of January 15, 1992, the Planning
Commission recommended approval of the vacation of the subject public
right -of -way; and
WHEREAS, at a public hearing held February 25, 1992, the Board
determined that the public right -of -way described above 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, if any, have been notified of the proposed
vacation, and have been given an opportunity to comment; and that the
right -of -way should be vacated.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF EAGLE, STATE OF COLORADO:
III III
THAT, in consideration for the right -of -way described in Exhibit "A"
attached hereto and incorporated herein by this reference, that portion
of the public right -of -way described in Exhibit "B" which crosses his
property be and is hereby vacated in favor of William A. Stephens.
THAT, in consideration for Grant Amendment #COC -43109 dated August 7,
1992, attached as Exhibit "C ", that portion of the public right -of-
way described in Exhibit "B" which crosses its property be and is hereby
vacated in favor of the United States Department of the Interior, Bureau
of Land Management.
THAT, upon the recording of this Resolution and its attachments,
the Board hereby divests, relinquishes and vacates any and all rights
it may have in the public right -of -way described in Exhibit "B" of
this Resolution.
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 public right -
of -way described in Exhibit "B ", in favor of William A. Stephens and
The Bureau of Land Management, respectively.
THAT, the aforesaid vacation of right -of -way 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 �2. 2- c_RQ,4ti4.C4, ' , 1992.
SO
a � �a COUNTY OF EAGLE, STATE OF COLORADO,
i By and Through, Its BOARD OF COUNTY
ri,'' , .t COMMISSIONERS
BY
//
AO
-WV %I� ��i �iC-L BY �- / /'
I Jerk to the Board of / Richard L. 'ust.fson, 9hairman
County Commissioners
eorge . Gates, Commissioner
Donald !. Welch, Commis ioner
-2-
•
Commissioner "`-'. seconded adoption of the
foregoing resolution. The roll having been called, the vote was as
follows:
Commissioner George A. Gates '( l
Commissioner Richard L. Gustafson -8-
Commissioner Donald H. Welch 7
This Resolution passed by 6//ff A/14 /diS vote of the Board of County
Commissioners of the County of Eagle, State of Colorado.
#88 -10 of
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LEGAL DESCRIPTION
ROAD RIGHT -OF -WAY
A parcel of land for a road right -of -way, being 35 feet wide,
parallel to and Southeasterly of the centerline of Eagle County
Road P -301 as it now exists, located in Tract 49, Section 5,
Township 5 South and Range 86 West of the 6th Principal Meridian,
Eagle County, Colorado, according to the Independent Resurvey of
said Township and Range as approved on 20 June 1922, with all
bearings contained herein based on a bearing of N. 00 °01'00" E.
between Corner No. 4 and Corner No. 3 of said Tract 49, both being
2 1/2" diameter G.L.O. brass cap monuments on 1" diameter iron
pipes, being more particularly described as follows:
Beginning at the Point of Beginning of that certain parcel of land
recorded in Book 563 at Page 138 of the Eagle County Records as
Reception Number 459264, hereinafter to be referred to as the
"Stephens Tract ", a point on the South line of said Tract 49 and
the centerline of said Road P -301, from which point said Corner No.
4 of Tract 49 bears S. 89 °19'11" W. 209.08 feet distant; thence
along said centerline, being also the Northwestern line of said
"Stephens Tract ", N. 31 °08'13" E. 298.79 feet; thence departing
said centerline and along the North line of said "Stephens Tract"
N. 89 °19'11" E. 41.19 feet; thence departing said North line
S. 31 °08'13" W. 298.79 feet to a point on the South line of said
Tract 49, being also the South line of said "Stephens Tract ";
thence along said South lines S. 89 °19'11" W. 41.19 feet to the
point of beginning.
Said parcel contains 0.240 acres, more or less.
EXHI1T A
• . .
General Description of Right -of -Way:
A strip of land 60 feet wide described as follows by that docu-
ment recorded on January 10, 1900, in Book 58, Page 130, in the
records of the Eagle County Clerk and Recorder:
A strip of land sixty (60) feet wide for purposes of a
County Road traversing lots numbered five (5) and three (3),
Section 32, Township 4 South of Range 86 West of the 6th
Principal Meridian commencing at a point where the Wagon
Road as now constructed intersects the Easterly line of said
lot 5, thence Westerly to and across the Wagon Bridge over
the Grand River as now constructed and in use. Thence in a
Westerly direction through said lot 3 to its West line and
intersecting said West line near the North line of said lot
3, also Southerly through the central portion of said lot 3
to and intersecting the South line thereof.
ALSO
A strip of land 60 feet wide described by that document recorded
in Book 127 at Page 702 in the records of the Eagle County Clerk
and Recorder.
EXHIBIT "B"
Resolution
G -61 -91
•
UNITED STATES
DEPARTMENT OF THE INTERIOR
BUREAU OF LAND MANAGEMENT
Right -of -Way Grant Amendment Serial No.: COC- 43109
Expiration Date: June 11, 2017
This amendment, entered into on August 7, 1992 , by the Bureau of Land
Management and the Eagle County Board of County Commissioners is hereby issued
under Title V of the Federal Land Policy and Management Act (90 Stat. 2776;
43 U.S.C. 1761). The right -of -way, as amended, is issued subject to all
applicable federal, state, and local laws and regulations, now or hereafter in
force, including Title 43, Code of Federal Regulations.
The purpose of this amendment is to authorize an existing portion of
Eagle County Road 301 across public land, acquired by the United States of
America on September 23, 1991, under Serial Number COC- 50865. The location of
the road included in this amendment is shown in Exhibits A and B, dated
June 8, 1992, of this amendment. This amendment may be used only for the
purposes specified above.
Sec. A. Details of Grant Amendment
1. Location of Amendment: The holder is hereby authorized to use
the following- described public land:
T. 4 S. and T. 5 S., R. 86 W., 6th P.M.
Tract 49 (within)
2. Description of Amendment: The holder is hereby authorized to
construct, operate and maintain a County Road, subject to the
terms, conditions, and stipulations of the original grant.
3. Dimensions of Amendment: The amendment authorized herein for the
county road is 35 feet wide for a distance of 298.79 feet and 70
feet wide for a distance of 1,572.04 feet and occupies 2.77 acres,
more or less.
Sec. B. Terms and Conditions
All terms, conditions, and stipulations of the right -of -way grant dated
June 12, 1987, remain unchanged and in full force and effect.
Sec. C. Execution and Agreement
This right -of -way amendment, and the authority to use the public land
described above, shall become effective on the date it is executed by an
authorized officer of the Bureau of Land Management. Execution of this
document constitutes the agreement between the holder and the United States
that, in consideration of the right to use federal lands, the holder shall
abide by all terms, conditions, and stipulations contained in the original
grant, as added to by this amendment, and the provisions of applicable laws
and regulations.
For Ex=. tion by the Holder: For Execution by the United States:
By: � ` • By:
Ho'.er . District Maria.
Donald H. Welch, Chairman Protein Grand`lunction District Office
Date: Date: August 7, 1992
EXHIRIT
