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HomeMy WebLinkAboutR97-169 vacation of Dagget LaneCommissioner (��, moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 97 VACATION OF A PORTION OF A PUBLIC RIGHT -OF -WAY COMMONLY REFERRED TO AS DAGGET LANE, COUNTY OF EAGLE, STATE OF COLORADO 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.11), 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 Lloyd D. Gerard, Agrivest Limited Liability Company, Two Bar Land Limited Liability Company, Keith R. and Claude R. Gerard, and Roland and Elizabeth Gerard, in their capacity as owners of property abutting or adjacent to the portion of the road being vacated herein (hereinafter referred to as "Petitioner "), the Board was asked to vacate a portion of Eagle County Road S -10, commonly referred to as Daggett Lane, County of Eagle, State of Colorado; and WHEREAS, notice of public hearings before the Eagle County Planning Commission and the Board to consider the proposed vacation of the subject public right -of -way was duly published in the Eagle Valle v Enterprise; and 111111111111111111111111111111111111111111111111111 644240 01/08/1998 11:46A 370 Sara it I Fisher 1 of 11 R 0.00 D 0.00 N 0.00 Eagle CO i l WHEREAS, at a public hearing held March 19, 1997, the Board determined that the public right -of -way described in Exhibit A attached hereto and incorporated herein by this reference 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 right -of -way 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, Quit Claim Deeds divesting the County of any interest.it may have in the subject public right -of -way, in favor of the present owners of the properties lying adjacent to the right -of -way being vacated hereby. THAT, the aforesaid vacation of the right -of -way 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. THAT, a deposit survey entitled "Land Survey Plat, A Road Centerline Located in Tracts 94, 95, 96 and 97, Sections 19 and 30, Township 5 South, Range 85 West of the 6th P.M., Eagle County, Colorado" prepared by Johnson, Kunkel & Associates, Inc., showing the alignment of the vacation, is on file in the Eagle County Engineering Department in Book 1 of the Eagle County Surveyor's Land survey Plats /Rights -of -Way Surveys at Page 315, Reception Number 315. -2- MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the *6" day of Decemher. ie97 ATTEST: Clerk to the"Board County Commissioners COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS By: ohnnette Phillips, C irman s E. J ommissionex at zz�/� " �' 4 L�' 0/ rte Georg A. Gates, Commissioner Commissioner seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Phillips /2v. L Commissioner Johnson „L Commissioner Gates This Resolution passed by 3 -0 vote of the Board of County Commissioners of the County of Eagle, State of Colorado. no file -3-