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HomeMy WebLinkAboutR25-003 Approval of Easement Vacation for the Stone Creek Easement at 91 Lupine Lane Docusign Envelope ID:147CBFC1-D1BF-4E3C-AEA7-99952F5D1B1B Eagle County, CO 202500935 Regina O'Brien 01/22/2025 Pgs: 6 09:41:08 AM REC: $0.00 DOC: $0.00 Commissioner scherr moved adoption of the following Resolution: BOARD OF EAGLE COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2025- , 003 APPROVAL OF EASEMENT VACATION FOR THE STONE CREEK EASEMENT AT 91 LUPINE LANE Eagle County File No. G-009466-2024 WHEREAS, on or about July 31, 2024, the County of Eagle, State of Colorado, accepted for filing Eagle County File No. G-009466-2024 (the "Application") submitted by Matthew and Lynn Blake (collectively, the "Applicant") seeking an Easement Vacation for 91 Lupine Lane (the "Property") to vacate portions of the Stone Creek Easement (the "Easement") encumbering the Property; and WHEREAS, the Easement was• dedicated to the public through the approval of the Eagle-Vail Subdivision Filing No. 1 Final Plat as recorded with the Eagle County Clerk and Recorder at Reception Number 121075; and WHEREAS, the portion of the Easement to be vacated is described in the attached exhibit set forth in Exhibit A -Legal Description of Easement Area Vacated; and WHEREAS, the portions of the Easement to be vacated are located solely within unincorporated Eagle County and not within any other city, town, or county; and WHEREAS, pursuant to Section 5-2200 of the Eagle County Land Use Regulations (the "ECLUR"), the Board of County Commissioners for the County of Eagle, State of Colorado (the "Board") may pass a resolution to vacate any platted or deeded public easement within its jurisdiction; and WHEREAS, Section 5-2200 of the ECLUR further establishes the process for the Board to vacate public easements; and WHEREAS, in accordance with ECLUR Section 5-210.E - Notice of Public Hearings and ECLUR Section 5-2200.C.4 -Public Notification, notice concerning the subject matter of the Application and setting forth the date and time of the hearing for consideration of the Application by the Eagle County Planning Commission was published in the Eagle Valley Enterprise and Vail Daily on October 31, 2024, mailed to all owners of property adjacent to the Property on October 28, 2024, and posted on the Property on or before November 4, 2024; and Docusign Envelope ID: 147CBFC1-D1BF-4E3C-AEA7-99952F5D1B1B WHEREAS, at its public hearing held on November 20, 2024, the Eagle County Planning Commission considered the Application and submitted its recommendation of approval with two conditions to the Board; and WHEREAS, in accordance with ECLUR Section 5-210.E - Notice of Public Hearings and ECLUR Section 5-2200.C.4 -Public Notification, notice concerning the subject matter of the Application and setting forth the date and time of the hearing for consideration of the Application by the Board was published in the Eagle Valley Enterprise and Vail Daily on November 28, 2024, mailed to all owners of property adjacent to the Property on November 22, 2024, and posted at the Property on or before November 4, 2024; and WHEREAS, at its public hearing held on January 7, 2025, the Board considered the Application; the associated plans, documents, and studies; the statements and concerns of the Applicant; the statements of Eagle County Engineering staff; the statements of other interested persons, including any members of the public; and the recommendation of the Planning Commission; and WHEREAS, based on the evidence, testimony, and exhibits, as well as comments of the Eagle County Engineering Department, public officials and agencies, and comments from all interested parties, the Board unanimously approved the Application with two conditions, and further finds as follows: THAT, the Application complies with the requirements and standards set forth in ECLUR Section 5-2200.0 - Procedure and ECLUR Section 5-2200.F - Standards as set forth below: 1. Access to a Public Road. Pursuant to ECLUR Section 5-2200.F.1, the Property has access to an established public road, Lupine Lane. The Application does not propose to vacate any public roadway. 2. Easements. Pursuant to ECLUR Section 5-2200.F.2, the Application demonstrated that vacation of portions of the Easement will not affect the health, safety, and welfare of the public and the County does not need to reserve additional easements for the installation or maintenance of utilities, ditches, and similar improvements. The remaining portion of the Easement is adequate to convey the 100-year floodplain as represented by the Special Flood Hazard Area on FEMA DFIRM Panel 0307C0651D, effective 12/4/2006, and LOMR 15-08-0620P, effective 2/12/2016. Furthermore, the Application was referred to all relevant utility companies and no company requested to retain any portion of the Easement. 2 Docusign Envelope ID: 147CBFC1-DIBF-4E3C-AEA7-99952F5D1BIB NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of the County of Eagle, State of Colorado: THAT, this Application for a Public Way and Easement Vacation is hereby approved, subject to the following conditions agreed to by the Applicant: 1. The vacation will not be in effect until a Vacation of Easement with an exhibit of legal description and a drawing showing the vacated portion of the Easement are recorded with the Eagle County Clerk and Recorder. 2. The vacation will not be in effect until the Resolution of the Eagle County Board of County Commissioners approving the vacation is recorded with the Eagle County Clerk and Recorder. The Resolution will be recorded upon the completion of Condition#1. THAT, the portions of Stone Creek Easement depicted in Exhibit A are hereby vacated and are no longer a public easement; . THAT, the Board directs the Engineering Department to provide a copy of this Resolution to the Applicant; and THAT, the Board hereby finds, determines and declares that this Resolution is necessary for the health, safety, and welfare of the citizens of Eagle County. [Signature Page to Follow] 3 Docusign Envelope ID: 147CBFC1-D1BF-4E3C-AEA7-99952F5D1B1B MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, on this 21st day of January, 2025, nunc pro tunc January 7, 2025. Signed by: ,4csa COUNTY OF EAGLE, STATE OF y COLORADO, By and Through Its "^Oe BOARD OF COUNTY COMMISSIONERS ATTEST: Signed by: DocuSigned by: B 2A2 BC880127... Y CA4AC1281-8AA47A... Chief Deputy Clerk and Recorder Jeanne McQueeney Chair Abstain Tom Boyd Commissioner [ &4tcvv Signed by: 81E7B2D718C0473... Matt Scherr Commissioner Commissioner McQueeney seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner McQueeney Aye Commissioner Boyd Abstai n Commissioner Scherr Aye This resolution passed by 2/0 vote of the Board of County Commissioners of the County of Eagle, State of Colorado 4 Docusign Envelope ID: 147CBFC1-D1BF-4E3C-AEA7-99952F5D1BIB Exhibit A Legal Description of Easement Area Vacated 5 co M 0 z 0 t0 NI' m r ,� w � W N4 oo co co te1 O / W CO-- ‹,/ 0w .6 Off/ � w N Ze �N 5 90 3 sa 1, �W, / / 1.- / -fro N. • m y o 41'0� / / o M C / ZZ ► rn M `t m♦ N / mZ a'''‘; cc as ', u. .. \e� N z IF ........ .......... 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