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HomeMy WebLinkAboutR97-017 vacation of public easement Lot 31 Aspen Mesa EstatesCommissioner �a-4 moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 97 - VACATION OF A PUBLIC EASEMENT LOT 31, ASPEN MESA ESTATES, FIRST FILING COUNTY OF EAGLE, STATE OF COLORADO File No. G -00002 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 Marion Getz,- in her capacity as property owner (hereinafter referred to as "Petitioner ") the Board was asked to vacate an Equestrian Easement, Lot 31, Aspen Mesa Estates, County of Eagle, State of Colorado, as described on Exhibit "A ", attached hereto and incorporated herein by this reference; and WHEREAS, notice of public hearings before the Eagle County Planning Commission and the Board to consider the proposed vacation of the subject public easement was duly published in the Eagle Val y n Qr r ; and WHEREAS, at its regular meeting of January 16,'1997, the Eagle County Planning Commission recommended approval of the vacation of the subject public easement; and WHEREAS, at a public hearing held January 28, 1997, the Board determined that the public easement described in Exhibit "A" 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 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: THAT, upon the recording of this Resolution and the attached Exhibit "A ", the Board hereby divests, relinquishes and vacates any and all rights it may have in the public easement described in this Resolution and the attached Exhibit. 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 the public easement described in Exhibit "A 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 dzx-�— day of February, 1997. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its ATTEST: BOARD OF COUNTY COMMISSIONERS Clerk to the E'oard of County Commissioners By: Johnnette Phillips, Chairman -2- � T George A. Gates, Commissioner Commissioner rLA1.7 A_ seconded adoption of the foregoing resolution. Th9 roll having been called, the vote was as follows: Commissioner Phillips Commissioner Johnson Commissioner Gates This Resolution passed by '-'� —0 vote of the Board of County Commissioners of the County of Eagle, State of Colorado. mta \c -dev \row \getzequ.vac -3- LEGAL DESCRIPTION A parcel of land situated in Lot 31, Aspen Mesa Estates, First Filing, County of Eagle, State of Colorado, as shown on the recorded plat (amended) of said Aspen Mesa Estates (Reception No. 113149 of the Eagle County Records). Said parcel of land being more particularly described as follows: Beginning at the southeast corner of said Lot 31; then N.87 025132 "W. 70.00 feet along the southerly line of said Lot 31 to an angle point at the south line of Lot 31; then N. 58 °09' 33 "W.26.00 feet along the southwesterly line of Lot 31; Then N.12 002'28 "W373.58 feet to the northwesterly line of said Lot 31; then N55 008145 "E.51.94 feet along said northwesterly line; then 5.19 009147 "E.361.47 feet to the easterly line of said Lot 31; then S.07 °01104 "E.70.99 feet along said easterly line to the point of beginning, said parcel containing .687 acres, more or less. EXHIBIT A x QUIT CLAIM DEED THIS QUITCLAIM DEED, made this day of 1997, by and between The County of Eagle, State of Colorado, By and Through Its Board of County Commissioners, a body politic, whose legal address is 500 Broadway, Eagle, CO 81631 referred to as the "Grantor ", and Marion B. Getz, referred to as the "Grantee." W I T N E S S E T H: THAT the Grantor, pursuant to Eagle County Resolution 97- for and in consideration of Ten Dollars and No /100 ($10.00), and other good and valuable consideration has remised, released, sold, and QUIT CLAIMED, and by these presents does remise, release, sell, and QUIT CLAIM unto the Grantee, her successors and assigns, forever, all the right, title, interest, claim and demand which the Grantor has in and to the following described real estate situate, lying and being in the County of Eagle and State of Colorado and as shown on Exhibit "A ", attached hereto and incorporated herein by this reference. TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, or the Grantor, either in law or equity, to the only proper use, benefit of the Grantee, her heirs and assigns forever. IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth above. ATTEST: Clerk to the Board of County Commissioners GRANTOR: COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS Johnnette Phillips, Chairman } �a LEGAL DESCRIPTION A parcel of land situated in Lot 31, Aspen Mesa Estates, First Filing, County of Eagle, State of Colorado, as shown on the recorded plat (amended) of said Aspen Mesa Estates (Reception No. 113149 of the Eagle County Records). Said parcel of land being more particularly described as follows: Beginning at the southeast corner of said Lot 31; .then N.87 025132 "W. 70.00 feet along the southerly line of said Lot 31 to an angle point at the south line of Lot 31; then N. 58 009' 33 "W.26.00 feet along the southwesterly line of Lot 31; Then N.12 0021281IW373.58 feet to the northwesterly line of said Lot 31; then N55 008145 "E.51.94 feet along said northwesterly line; then 5.19 009147 "E.361.47 feet to the easterly line of said Lot 31; then 5.07 001'04 "E.70.99 feet along said easterly line to the point of beginning, said parcel containing .687 acres, more or less. EXHIBIT A o ss q r i�y� IE ^C 2k�