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HomeMy WebLinkAboutR90-119 vacation of brush creek road to Kummer DevelopmentB -543 PI -377 12 T' /90 12.37 PG 1 OF S REC DOC .IG� JNETTE PHILLIPS EAGLE COUNTY CLERK, COLORADO 0.00 0.00 commission moved adoption of COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 90- It q ', J, VACATION OF A PUBLIC RIGHT -OF -HAY BRUSH CREEK ROAD, 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 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 easement located entirely within the County of Eagle, State of Colorado; and WHEREAS, the County and Kummer Development Company entered into an Agreement on or about May 1, 1989, wherein the County agreed to vacate a portion of its right -of -way to Kummer, and Kummer agreed to dedicate to the County an equivalent portion of right -of -way; and WHEREAS, notice of the 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 Valley Enterprise, and all affected governmental agencies, adjacent property owners and public and private utilities were notified of the proposed vacation; and WHEREAS, the Board grants the vacation of public right -of -way described in Exhibit A. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMIS- SIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, the Board finds that the subject right -of -way is located entirely within the County of Eagle and is not within the limits of any city or town, and, further, that said right -of -way is no longer necessary as part of the County road system. THAT, vacation of Brush Creek is granted upon the following conditions stated herein: P e- I . The County agrees to vacate, as allowed by law, that portion of the project where the existing roadway will be abandoned. 2. In exchange, Kummer shall dedicate to the County an equivalent portion of right -of -way as described in Exhibit B, attached hereto and incorporated herein by this reference. THAT, upon the recording of this Resolution and the attached Exhibits, the Board hereby divests, relinquishes and vacates any and all rights it may have in the public right -of -way described in the attached Exhibit A. THAT, aforesaid vacation of the right -of -way described in E,:hibit 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, 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 CountW of Eagle, State of.Colorado, at its regular meeting held the 7 day of '1990. ATT By: County Commissioners COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS 0W W A D. -2- 439523 B-543 P -377 12/04/90 12:37 P6 2 OF 5 Commissioner Z" seconded adoption of the foregoing resolution. The rothaving been called, the vote was as follows: Commissioner Donald H. welch Commissioner George A. Gates _Gu Commissioner Richard L. Gustafson This Resolution passed by vote of the Board of County Commissioners of the County c Eag e, State of Colorado. -3- 439523 B -543 P -377 12/04/90 12:37 PG 3 OF 5 LEGAL DESCRIPTION: A portion of County Road No.307 (Brush Creek Road) located in Tract No.74 and No.79 in Section 24, T5S, R84W, of the 6th P.M., Eagle County, Colorado and 'being more particularly described as follows: Beginning at Corner No.3 of said Tract No.74; Thence along the South line of said Tract No.74, S8759'55 "E, 38.02 feet to the True Point of Beginning; Thence North, 35.15 feet to a point on a fence; Thence along said fence the following seven (7) courses:. . 1) S59.55'S8"E, 19.92 feet; 2) S64.24'06"E, 28.10 feet; 3) S6723'1 YE, 15.38 feet; 4 S79'56'44E, 21.30 feet; 5 S89'22'51 -E, 162.04 feet; 6 S8709'19'E, 82.59 feet; 7) 588'22.12-TE, 238.52 feet; Thence S22'13'38"E, 11.36-feet; Thence 42.52 feet along the arc of a non — tangent curve to the right having o central angle of 1'49'05" and a radius of 1340.00 feet, the chord of which bears S21'04'31 "E, 42.52 feet to a fence; Thence along said fence the following three (3) courses: 1) N88.23'27"W, 261.70 feet; 2) S8606'3D W, 78.95 feet; 3) "N8652'59'W, 239.82 feet; Thence North, 50.00 feet to the Point of Beginning. Containing 0.710 Acres more or less. The South line of said Tract No.74 is considered to beer S87'59'55 "E. EXCEPTING: A 30.00 foot wide powerline easement located in Tract 74 and Tract 79 in Section 24, T5S, R84W, of the 6th P.M., Eagle County, Colorado, and lying T5.00 feet bn both sides of the following described centerline:. Beginning at Corner No. 3 of said Tract 74; Thence S72 °56' 16 "E, 184.10 feet, to the True Point of Beginning; Thence along said centerline N01 056'26 "E, 55.54 feet to the Terminus. The line between said Corner No. 4 of Tract 74 (3$" aluminum Monument set by.,Eagle County) and Corner No. 5 of said Tract 74 (an aluminum cap and rebar - L.S. No. 2568) is considered to bear S87 059155 "E. EXHIBIT 439523 B -543 P -377 12/04/90 12:37 PG 4 OF 5 LEGAL DESCRIPTION A Parcel of land located in Tracts No.74, No.79 and No.80 in Sections 24 and 25, all in TSS, R84W, of the 6th P.M., Eagle County Colorado and being more particularly described as follows: Beginning at Corner No.3 of said Tract No.74; Thence along the North line of said Tract No.80, S89'43'02 "W, 19.80 feet, to a Witness Corner for said Corner No.3 of Tract No.74; Thence S03'15'45 "E, 21.86 feet to a rebar and aluminum cap; Thence S00'11'42 "W, 28.21 feet to a rebar A and aluminum cap; Thence S88'47'26"E,. 56.66 feet; Thence. North,. 50.00 .feet to a point on the South line of said Tract No.74; Thence North "•• 500.83 feet; Thence N63'02'53 "E, 273.61 feet; Thence S26'57'07"E, 516.59 feet; Thence S25'46'20 "E, 171.22 feet; Thence 32.43 feet along the arc of a non - tangent curve to the right having a %ze' central angle of 1'23'11 ", and a radius of 1340.00 feet, the chord of which bears S2240'39 "E, 32.43 feet to a point on said South line of Tract No.74; Thence 407.04 feet along the arc of a = non - tangent curve to the right having a central angle of 17"24'15 , and a radius of 1340.00 feet, the chord of which bears S13'16'56 "E, 405.47 feet; Thence S2'10'53"E, 171.22 ' feet; Thence S00'59'48 "E, 239.15 feet; Thence N89'00'12 "E, 120.00 feet; Thence N00'59'48"W, 239.15 feet; Thence N0712'25 "W, 178.72 feet; Thence 390.51 feet along the arc of a curve to the left having a central angle of 15'19'31 ", and a radius of 1460.00 feet, the chord of which bears N12'14'34 "W, 389.35 feet to a point on said South line of Tract No.74; Thence 88.31 feet along the arc of a non - tangent curve to the left having a central angle of 3'27'56 ", and a radius of 1460.00 feet, the chord of which bears N21'38'17 "W, 88.29 feet; Thence N12'19'04 "W, 410.69 feet; Thence S63'02'53 "W, 100.00 feet; Thence N26'57'07"W, 349.90 feet; Thence N2514'28 "W,162.01 feet; Thence 976.95 feet along the arc of a non - tangent curve to the right having a central angle of 22'56'30 ", and a radius of 2440.00 feet, the chord of which bears N13- 28'36"W, 970.48 feet; Thence N00- 39'50 "W, 172.89 feet; Thence North, 53.28 feet; Thence West, 67.58 feet to a point on the West line of said Tract 74; Thence along said West line, S00- 03'32 "E, 2039.49 feet to the Point of Beginning. Containing 11.213 Acres more or less. The line between Corner No.3 and Corner No.4 of said Tract No.74 is considered to bear S87'59'55 "E. Corner No.3 is a 3.5" aluminum cap on a 2.5" pipe and Corner No.4 is a rebar and a 1.5" aluminum cap LS No.2568. " 439523 B -543 P -377 12/04/90 12:37 PG 5 OF 5