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HomeMy WebLinkAboutR90-004 Berry Creek Ranch Filing No. 4 Vacation f r MI Commissioner ( (a 5-zd r� moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO 1 111 RESOLUTION NO. 90- r4 VACATION OF A PORTION OF A ROAD MAINTENANCE EASEMENT IN BERRY CREEK RANCH FILING NO. 4, COUNTY OF EAGLE, STATE OF COLORADO WHEREAS, pursuant to § 43 -2 -301, et seq., C.R.S., and § 2.22 of the Eagle County Land Use Regulations,, 1982, as amended, the Board 5r of County Commissioners of the County of Eagle, State of Colorado o (hereinafter the "Board "), has the power and authority to vacate any public right -of -way or easement located entirely within the County of Eagle, State of Colorado; and WHEREAS, the property subject to the vacation of a portion of w s the road maintenance easement involved is bounded on both sides by w property owned by Charles H. Harris; and WHEREAS, said Charles H. Harris desires to reduce in size the r.` road maintenance easement; and (1 o Q WHEREAS, notice of the public hearings before the Eagle County Planning Commission and the Board to consider the proposed reduction o of the read maintenance easement was duly published in the Eagle Valley and all affecte 0 o affected governmental agencies, adjacent a o t prop._rt>r owners and public and private utilities were notified of the proposed vacation. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY .,v COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: '" F- THAT, upon the recording of this Resolution and the attached GI o Exhibit, the Board hereby divests,'relinquishes and vacates any and all rights it may have in the road maintenance easement described in this Resolution, as set forth in Exhibit A attached hereto and made a part hereof by this reference. vi IS cc w THAT, aforesaid vacation of a portion of the road maintenance L.0 easement described in Exhibit A shall not be construed as affecting m a in any way whatsoever any and all existing recorded easements necessary for utilities or other public services. J N M THAT, the Board finds that the subject road maintenance easement is located entirely within the County of Eagle and is not within w the limits of any city or town. in 1- z -1- LEI r- -1 o • �ti r v . THAT, the Board finds, determines and declares that this Resolution is necessary for the public health, safety and welfare of the citizens of the County of Eagle, State of Colorado. MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle State of Colorado, at its regular meeting held the P2.1 day of , 1990. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY ATTEST: COMMIS 0 .RS / % / W erk to the .,f ; :" ar. a V fson 'hairman b ounty Commissioners / Donal H. Welch, Co«missioner C" U0 Geor A. Gates, Commissioner L 0 Commissioner _� seconded adoption of the 0 foregoing resolution. The roll having been called, the vote was a as follows: Commissioner Richard L. Gustafson 4.9 r") Commissioner Donald H. Teich , Commissioner George A. Gates This Resolution passed by �4Ir! `��45 vote of the Board of County Commissioners of the County Eagle State of Colorado. to OG 4- 410 411 EXHIBIT A Legal Description Road Maintenance Easement Vacation The southerly 15.00 feet of a 40.00 foot wide Road Maintenance Easement located in Lot 44, Block 5 of Berry Creek Ranch Filing No. 4 as recorded February 27, 1980, in Book 229 on Page 322 of the records of the Clerk and Recorders Office for Eagle County, Colorado. 0 e- U' u ,-1 4 - m i u !�7 t w 4