HomeMy WebLinkAboutR83-025 vacation of right of way on Highway 62� ::
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?ESOLUTION JONNNETT °rklt4. 1 !PS
EAGLE CT
OF THE AFR q !I "= mm ;La
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 83 -cgs'
VACATION OF A PORTION OF A COUNTY RIGHT -OF -WAY GENERALLY
LOCATED ADJACENT TO THE SOUTHERLY RIGHT -OF -WAY OF STATE
HIGHWAY NO. 6 AND IMMEDIATELY WEST OF THE INTERSECTION OF
EAGLE COUNTY ROAD NO. 5 -25, COMMONLY REFERRED TO AS THE LAKE
CREEK ROAD, AND STATE HIGHWAY NO. 6, COUNTY OF EAGLE,
COLORADO
WHEREAS, pursuant to Section 43 -2 -303, C.R.S. 1973,
as amended, the Board of County Commissioners, County of
Eagle, State of Colorado, hereinafter referred to as the
"Board," has the power and authority to vacate any County
right -of -way located entirely within the County of Eagle,
State of Colorado; and
WHEREAS, the adjacent landowner of an existing
County or public right -of -way has requested the Board of
County Commissioners to vacate and /or relinquish any and all
right, interest or title the County may have in said portions
of an existing right -of -way generally located adjacent to the
southerly right -of -way of State Highway No. 6 and immediately
west of the intersection of Eagle County Road No. S -25,
commonly referred to as the Lake Creek Road, and State
Highway No. 6, and more particularly described as follows:
PARCEL A
A parcel of land located in the Northwest
One- Quarter of Section 5, Township 5 South, Range 82
West of the Sixth Principal Meridian, Eagle County,
Colorado, according to the Dependent Resurvey of
said Township and Range approved on September 7,
1977; said parcel being more particularly described,
with all bearings contained herein based on a
bearing of S.01 050'00 "W. between the East
One- Quarter Corner and the Northeast Corner of
Section 6 of said Township and Range as follows, to
wit.
Beginning at a point on the Southerly
Right -of -Way Line of U.S. Highway No. 4, from which
the Northwest Corner of said Section 5 bears
N.01 050'00 "E. 2150.45 feet distant; thence departing
said Southerly Right -of -Way Line N.01 050'00 "E. 55.20
feet to a point on a fence line marking the
Southerly Right -of -Way Line of 'U.S. Highway No. 6;
thence along said fence line the following four (4)
courses:
1)
S.75 °47'56
"E.
180.59
feet
2)
S.75 027'38
"E.
103.28
feet
3)
S.77 026'30
"E.
75.03
feet
4)
S.79 014'01
"E.
105.62
feet
to a point of intersection with a fence line marking
the Westerly Right -of -Way Line of Eagle County Road
S -19, also known as Lake Creek Road; thence along
said fence line marking said Westerly Right -of -Way
Line 5.25 000'43 "W. 10.14 feet to a point on the
Southerly Right -of -Way Line of U.S. Highway No. 4;
thence along said Southerly Right -of -Way Lint the
following three (3) courses:
1) 75.18 feet along the arc of a curve to the
left with a radius of 2821.00 feet, the
chord of which bears N.85 °03'34 "W. 75.18
feet _
2) N.85 °49'23 "W. 58.02 feet
3) 320.98 feet along the arc of a curve to
the right with a radius of 1947.24 feet,
the chord of which bears N.81 °06'03 "W.
320.61 feet
to the point of beginning.
less.
Said parcel contains 0.377 of an acre, more or
PARCEL B
A parcel of land located in the Northeast
One- Quarter of Section 6, Township 5 South, Range 82
West of the Sixth Principal Meridian, Eagle County,
Colorado, according to the Dependent Resurvey of
said Township and Range approved on September 7,
1977; said parcel being more particularly described,
with all bearings contained herein based on a
bearing of S.01 °50'00 "W. between the East
One- Quarter Corner and the Northeast Corner of
Section 6, as follows, to wit:
Beginning at a point on the Southerly
Right -of -Way Line of U.S. Highway No. 4, from which
the Northeast Corner of said Section 6 bears
N.01 050'00 "E. 2150.45 feet distant; thence along
said Southerly Right -of -Way Line and the Northerly
Line of Tract "C" of the Brett Ranch Subdivision
58.84 feet along the arc of a curve to the right
with a radius of 1947.24 feet, the chord of which
bears N.72 °44'48 "W. 58.84 feet; thence departing
said Southerly Right -of -Way Line on a projection of
the Westerly Line of Tract "C" of the Brett Ranch
Subdivision N.04 °17'07 "E. 51.18 feet to a point on a
fence line marking the Southerly Right -of -Way of
U.S. Highway No. 6; thence along said fence line
S.76 010'55 "E. 55.75 feet; thence departing said
fence line S.01 °50'00 "W. 55.20 feet to the point of
beginning.
less.
Said parcel contains 0.068 of an acre, more or
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rfi
WHEREAS, notice of the proposed vacation of the
above described County right -of -way was published in the
Eagle Valley Enterprise on October 21, 1982, giving notice of
the public hearing to consider vacation of the above
right -of -way; and
WHEREAS, the Board of County Commissioners has
determined that the above - described right -of -way is entirely
within the County of Eagle and not within the limits of any
city or town and that the vacation of said County
right -of -way would not leave any land adjoining such
right -of -way without an established public road connecting
said land with another established public road; and
WHEREAS, THE Board of County Commissioners has
determined that Eagle Telecommunications, Inc. has telephone
cables and the Holy Cross Electric Association currently has
electric cables located on the above - described property; and
WHEREAS, the Board of County Commissioners has
determined that the above - described right -of -way is no longer
needed for highway purposes.
NOW, THEREFORE, be it resolved by the Board of
County Commissioners, County of Eagle, State of Colorado:
THAT, upon recording of this Resolution, the County
right -of -way described, if any, is vacated and /or any and all
right, interest or title the County may have in said portions
of an existing right -of -way hereinabove described
relinquished. The right -of -way hereinabove described is
hereby vacated, declared and decreed to be no longer part of
the County of Eagle roadway system.
IT IS FURTHER RESOLVED that pursuant to the
authority of Section 43 -2- 304(3), a right -of -way and /or
easement is reserved for the continued use and maintenance of
the existing telephone cables of Eagle Valley
Telecommunications, Inc. and the existing electric lines of
the Holy Cross Electric Association.
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THAT, title to said County right -of -way shall vest
as prescribed in Section 43 -2 -302, C.R.S. 1973, as amended.
MOVED, SECONDED AND ADOPTED at a regular meeting of
the Board of County Commissioners, County of Eagle, State of
Colorado the -�— day of 1983.
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' �• r i
'. By.
t1 rk o th oar Ao
County Commissioners
COUNTY OF EAGLE, STATE OF COLORADO
By and Through its
BOARD OF COUNTY COMMISSIONERS
By:
David E. Mott, Chairman
4
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Dan wi iams,Commissioner
Keith Troxe , Commissioner
