HomeMy WebLinkAboutR92-186 Vacation of Public Easement 7U • •
Commis sioner 6) f C h
moved adoption
of the following Resolution:
BOARD OF COUNTY COMMISSIONERS
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COUNTY OF EAGLE, STATE OF COLORADO
to
RESOLUTION NO. 92 - JQ
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VACATION OF A PUBLIC EASEMENT r-
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Lot 2B, Block 1, Eagle -Vail Filing No. 2
COUNTY OF EAGLE, STATE OF COLORADO
File No. G -57 -89 r'
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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 James H. Chapin and C
Lynn H. Chapin (hereinafter referred to as "Petitioner "), the Board
was asked to vacate a portion of an existing ten -foot utility and 2 ,
drainage easement into which existing improvements encroach; and 1> Tl
r
WHEREAS, notice of public hearings before the Planning Commission
and the Board to consider the proposed vacation of the subject easement
was duly published in the Eagle Valley Enterprise; and o
WHEREAS, at its regular meeting of February 21, 1990, the Planning
Commission recommended approval of the easement vacation, subject
to agreement by involved utility companies; and
WHEREAS, at a public hearing held April 10, 1990, the Board
determined that the easement described hereinafter lies entirely G
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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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 following- described portion of the easement:
Building encroachment in Lot 2B, Block 1, Eagle -Vail Filing
No. 2, Eagle County, Colorado, and being more particularly
described as follows:
Commencing at the northwest corner of said Lot 2B, Block 1;
Thence S 34 21" E a distance of 60.43 feet to the True
Point of Beginning, said point is the northwest building n
corner;
Thence N 60 27' 41" E a distance of 1.72 feet along the {OW
north side of said building, to a point on the easement
line;
Thence S 26 11' 25" E along said easement line a distance
of 26.65 feet;
Thence S 60 27' 41" W a distance of 0.16 feet;
Thence N 29 32' 19" W along west side of building a distance
of 26.60 feet to the point of beginning. Containing 24.96
square feet.
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, a
Quit Claim Deed divesting the County of any interest it may have
in the subject public easement, in favor of the present owners of
the property across which the easement lies.
THAT, the aforesaid vacation of easement shall not be construed
as affecting in any way whatsoever any and all existing recorded
easements necessary for utilities or other public services.
492324 8--596 P--231 12/08/92 14 :53 PG 2 OF
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MOVED, READ AND ADOPTED by the Board of County Commissioners
of the County � of Eagle, State of Colorado, at its regular meeting
held the 1 day of December, 1992; nunc pro tunc April 10,
1990.
0: COUNTY OF EAGLE, STATE OF COLORADO,
By and Th h Its BOARD OF COUNTY
ATTEST: 9 11414eitid COMMISS NER
By : I /�� 1 By : ..,A........4.....: - �' �i
Clerk to Board f Richard L. .us :fson 7 hairman
County Commissioners
i
;:•%. George A. Gates, Commissioner C't
Donald H. Welch, Commission
Commissioner seconded adoption of
the foregoing resolution. The oll having been called, the vote
was as follows:
Commissioner George A. Gates �
Commissioner Richard L. Gustafson
Commissioner Donald H. Welch IL:::
This Resolution passed by L vote of the Board of County
Commissioners of the County of Eagle, State of Colorado.
492324 8--596 F-231 12/08/92 .14 :53 PG 3 OF ,3"
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