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HomeMy WebLinkAboutR94-033 vacation access and utility easement in creamery gulch ranchCommissioner 102 moved adoption of the following R olution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 94 - c'7N VACATION OF A ACCESS AND UTILITY EASEMENT LOCATED WITHIN LOTS 1 AND 2, CREAMERY GULCH RANCH COUNTY OF EAGLE, STATE OF COLORADO WHEREAS, pursuant to C.R.S. 43 -2 -301, et seq., 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, whether or not it has been used as such, located entirely within the County of Eagle; and WHEREAS, pursuant to the Petition submitted by Thomas F. Duncan, in his capacity as owner of Lot 2, Creamery Gulch Ranch (hereinafter referred to as "Petitioner "), the Board was asked to vacate the 50 foot wide access and utility easement, as shown on the Final Plat of Creamery Gulch Ranch recorded December 22, 1987 in Book 476 at Page 24 of the Eagle County Records, incorporated herein by this reference; and WHEREAS, pursuant to the Amendment to the Subdivision Improvements Agreement, Creamery Gulch Ranch, dated the 22th day of December 1987, vacation of the access and utility easement was anticipated, upon the Subdivider obtaining legal access at the historic access point to the property; and WHEREAS, such legal access has been obtained by the Subdi- vider; and WHEREAS, notice of the hearing before the Board to consider the proposed vacation of the subject access and utility easement was duly published in the Eagle Valley Enterprise and WHEREAS, the Board determined that the access and utility easement described on the Final Plat of Creamery Gulch Ranch, lies entirely within Eagle County, and not within the limits of any Town; and that property owners, adjacent property owners and affected governmental entities have been notified of the proposed vacation. 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 the public may have in the access and utility easement described in this Resolution. THAT, the aforesaid vacation of the access and utility easement described in the Final Plat shall not be construed as affecting in any way whatsoever any and all other 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 1994. ATTEST: COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMM�ISSSSIO�NEEjRS By: rk to t)Ve Board of County Commissioners Commiss going r follows: // Johnnette Phillips, Ch4(irman Commissioner Phillips Commissioner Gates Commissioner Johnson This Resolution passed by 0 vote of the Board of County Commissioners of the County of Eagle, State of Colorado. Ge ge X. Gates, ( 532561 B -636 P -508 04/04/94 11:19A PG 1 OF 2 REC DOC Sara J. Fisher Eagle County Clerk & Recorder 0.00 Commissioner — �p� moved adoption of the following Re: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 94 - _[ VACATION OF A ACCESS AND UTILITY EASEMENT LOCATED WITHIN LOTS 1 AND 2, CREAMERY GULCH RANCH COUNTY OF EAGLE, STATE OF COLORADO WHEREAS, pursuant to C.R.S 43 -2 -301, et.seq., 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, whether or not it has been used as such, located entirely within the County of Eagle; and WHEREAS, pursuant to the Petition submitted by Thomas F. Duncan, in his capacity as owner of Lot 2, Creamery Gulch Ranch (hereinafter referred to as "Petitioner "), the Board was asked to vacate the 50 foot wide access and utility easement, as shown on the Final Plat of Creamery Gulch Ranch recorded December 22, 1987 in Book 476 at Page 24 of the Eagle County Records, incorporated herein by this reference; and WHEREAS, pursuant to the Amendment to the Subdivision Improvements Agreement, Creamery Gulch Ranch, dated the 22th day of December 1987, vacation of the access and utility easement was anticipated, upon the Subdivider obtaining legal access at the historic access point to the property; and WHEREAS, such legal access has been obtained by the Subdi- vider; and WHEREAS, notice of the hearing before the Board to consider the proposed vacation of the subject access and utility easement was duly published in the Eagle Valley Enterprise and WHEREAS, the Board determined that the access and utility easement described on the Final Plat of Creamery Gulch Ranch, lies entirely within Eagle County, and not within the limits of any Town; and that property owners, adjacent property owners and affected governmental entities have been notified of the proposed vacation. r � 1A :J NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: Commissioner axe , _ moved adoption of the following Res ution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 94 - c it VACATION OF A ACCESS AND UTILITY EASEMENT LOCATED WITHIN LOTS 1 AND 2, CREAMERY GULCH RANCH COUNTY OF EAGLE, STATE OF COLORADO WHEREAS, pursuant to C.R.S. 43 -2 -301, et-seq., 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, whether or not it has been used as such, located entirely within the County of Eagle; and WHEREAS, pursuant to the Petition submitted by Thomas F. Duncan, in his capacity as owner of Lot 2, Creamery Gulch Ranch (hereinafter referred to as "Petitioner "), the Board was asked to vacate the 50 foot wide access and utility easement, as shown on the Final Plat of Creamery Gulch Ranch recorded December 22, 1987 in Book 476 at Page 24 of the Eagle County Records, incorporated herein by this reference; and WHEREAS, pursuant to the Amendment to the Subdivision Improvements Agreement, Creamery Gulch Ranch, dated the 22th day of December 1987, vacation of the access and utility easement was anticipated, upon the Subdivider obtaining legal access at the historic access point to the property; and WHEREAS, such legal access has been obtained by the Subdi- vider; and WHEREAS, notice of the hearing before the Board to consider the proposed vacation of the subject access and utility easement was duly published in the Eagle Valley Enterprise and WHEREAS, the Board determined that the access and utility easement described on the Final Plat of Creamery Gulch Ranch, lies entirely within Eagle County, and not within the limits of any Town; and that property owners, adjacent property owners and affected governmental entities have been notified of the proposed vacation. 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 the public may have in the access and utility easement described in this Resolution. THAT, the aforesaid vacation of the access and utility easement described in the Final Plat shall not be construed as affecting in any way whatsoever any and all other 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 � /f1 held the of // (t-A.__ 1994. ATTEST: to theVBoard of County Commissioners COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS By: Johnnette Phil ips, C airman George X. Gates, Commissioner Dre- as follows: Commissioner Phillips aw�0 Commissioner Gates �. Commissioner Johnson O -- This Resolution passed by c5 vote of the Board of County Commissioners of the County of Eagle, State of Colorado.