HomeMy WebLinkAboutR85-19 vacation of elk laneh Commissioner �! �� /r,a� moved
adoption of the following Resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 85 -_/�
3034ui.
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JOHNNIE t F
LGii CTl DECO'.
i EB 28 P `"
Vacation of a portion of Elk Lane, a County
right -of -way, located adjacent to Lot 15, Block
3, Eagle -Vail Filing 1, County of Eagle, State
of Colorado
WHEREAS, pursuant to Section 43 -2 -301, et sue., C.R.S.,
and Section 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, Robert C. and Wanda Olney have requested the
vacation of a portion of Elk Lane, a County right -of -way,
located adjacent to Lot 15, Block 3, Eagle -Vail, Filing 1,
County of Eagle, State of Colorado, and more particularly
described in Exhibit "A" attached hereto and incorporated herein
by this reference; and
WHEREAS, notice of the proposed vacation of the
above - described County right -of -way was published in the Eagle
Valley Enterprise at least thirty (30) days prior to the public
hearing to consider the vacation of same; and
WHEREAS, the Eagle County Planning Commission at its
regular meeting of January 16, 1985, recommended approval of the
vacation of the subject County right -of -way; and
WHEREAS, the Board, at the public hearing held February
26, 1985, determined that the above - described County
right -of -way is entirely within the County of Eagle, State of
Colorado, and not within the limits of any city or town; that
the vacation of the subject County right -of -way, with the
limitations imposed herein, will not in any way affect any
recorded easements necessary to bring utilities or other public
services to the surrounding property; and, further, that the
vacation of the subject County right -of -way will not leave any
land adjoining such right -of -way without an
established public road connecting said land with another
established public road.
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, the Board hereby divests, relinquishes and
vacates any and all rights it may have in that portion of the
County right -of -way described in this Resolution and the attached
Exhibit.
THAT, the aforesaid vacation of that portion of the
subject County right -of -way described in Exhibit "A" shall not be
construed nor deemed to be construed as affecting in any way
whatsoever any and all existing recorded easements necessary for
utilities or other public services, including the right to
maintain, repair, replace and /or upgrade such existing utility and
public services facilities.
THAT, title to that portion of the subject County
right -of -way vacated by this Resolution shall vest in Robert C.
and Wanda Olney pursuant to Section 43 -2 -302, C.R.S.
MOVED, READ AND ADOPTED by the Board of County
Commissioners of the County of Eagles State of Colorado, at its
regular meeting held the _ r, of ;,Z� / /,,- � 1985.
COUNTY OF EAGLE, STATE OF COLORADO
By and Through its
ATTEST:( /J BOARD OF C NTY COMMISSIONERS
BY > r > >fr / //� By:
Cl:erk,..pf the Board of David E. Mott, Chairman
County- Commissioners
Richard L. Gustafson, Commissioner
�
Donal H. Welch, C mmissioner
dAS
C— ommi- s- s3o -ne-r— seconded adoption of
the foregoing Resolution. The roll having been called, the vote
was as follows:
Commissioner David E. Mott
Commissioner Richard L. Gustafson
Commissioner Donald Welch e
i"
This Resolution adopted by vote of the Board of
County Commissioners of the County of Eagle, State of Colorado.
—3—
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EXHIBIT "A"
A part of the right -of -way of Elk Lane as shown on the plat for
Eagle -Vail Subdivision, Filing No. 1, according to the map
recorded under Reception No. 121075 in the office of the Eagle
County, Colorado, Clerk and Recorder, being described as
follows:
Beginning at the northeast corner of Lot 15, Block 3, Eagle -Vail
Subdivision Filing No. 1, which is also a point in the southerly
right -of -way line of said Elk Lane; thence along said
right -of -way line 91.26 feet along a curve to the right having a
radius of 45.00 feet, a central angle of 116 11'58 ", and a chord
which bears N 49 05'47 "W 76.41 feet; thence departing said
right -of -way S 49 05'47" E 76.41 feet and along the chord of
said curve to the point of beginning, containing 1145 square
feet, more or less.
