HomeMy WebLinkAboutR92-185 Vacation of Public Right-of-Way Commissioner G't moved adoption
of the following Resolution:
BOARD OF COUNTY COMMISSIONERS • 's ; • ci
COUNTY OF EAGLE, STATE OF COLORADO j
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RESOLUTION NO. 92 - I r ..o
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VACATION OF PUBLIC RIGHTS -OF -WAY WHICH MAY BE
LOCATED WITHIN "THE MARMA LAKE PROPERTY" CD
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Tract 46, T3S, R82W, 6th PM '-4 r,
COUNTY OF EAGLE, STATE OF COLORADO cr]
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File No. G-71-92
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WHEREAS, pursuant C.R.S. 43 -2 -301, et seq. and Section 2.22 of the rri -,
Eagle County Land Use Regulations, 1982 as amended, (the "L.U.R. "), the p
Board of County Commissioners of the County of Eagle, State of Colorado
(hereinafter the "Board "), has the power and authority to vacate any ---44
public right -of -way or public easement located entirely within the County
of Eagle; and � .'
WHEREAS, pursuant to Petition submitted by THE PINEY VALLEY RANCHES
TRUST (William J. Post, Co- Trustee) (hereinafter referred to as
"Petitioner "), the Board was asked to vacate all roads located within 2
certain property described as follows: r �.
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T. 3 S, R. 82 W., 6th P.M.
Tract 46, according to U.S. Resurvey accepted • t '
March 19, 1936, by the General Land Office (formerly
described as the NE -1/4 SE -1/4 and SE -1/4 NE -1/4
of Section 34 and the NW -1/4 SW -1/4 and SW -1/4 0=o
NW -1/4 of Section 35) rr
and
WHEREAS, notice of public hearings before the Planning Commission
and the Board to consider the proposed vacation of the subject public
rights -of -way was duly published in the Eagle Valley Enterprise; and
WHEREAS, at its regular meeting of July 1, 1992, the Planning 2
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 August 25, 1992, the Board
determined that the roads located therein 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.
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111 411
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF EAGLE, STATE OF COLORADO:
THAT, upon the recording of this Resolution, the Board hereby
divests, relinquishes and vacates any and all rights it may have in the
rights -of -way described in the Petition and this Resolution.
THAT, pursuant to Section 2.22(10), L.U.R., the Chairman of the E '
Board is directed to execute on behalf of the Board and cause to be ts,
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 subject
rights -of -way, in favor of the Petitioner. to
THAT, neither this Resolution nor the Deed shall be recorded until
such time as Petitioner can show the County Attorney that Petitioner �.
has obtained title to the property described hereinabove. h�
THAT, the aforesaid vacation of the rights -of -way described in
this Resolution shall not be construed as affecting in any way whatsoever
any and all existing recorded easements necessary for utilities or
other public services. -s
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MOVED, READ AND ADOPTED by the Board of County Commissioners of
the ounty of Eagle, State of Colorado, at its regular meeting held the
day of December, 1992, nunc pro tunc August 25, 1992.
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COUNTY OF EAGLE, STATE OF COLORADO,
« By and Thro o. Its BOARD OF COUNTY
ATTEST: COM MISSIO ,, RS 3
By t.i� B
Clerk r. %-r 4 ,of ac' and L. G .ta son, Chairman
County , 0 ,`re• '���, ri'
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f o f
C131.01.34- George A. Gates, Commissioner
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Donald . Welch, Comiissioner
Commissioner seconded adoption of the
foregoing resolution. The roll ha ing been called, the vote was as
follows: /
Commissioner George A. Gates L�'vz aA
Commissioner Richard L. Gustafson
Commissioner Donald H. Welch
This Resolution passed by .2"4 vote of the Board of County
Commissioners of the County of Eagle, State of Colorado.
#92 -79
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