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HomeMy WebLinkAboutR07-102 JH Jackson Land Company Easement Vacation Commissioner ~ moved adoption of the followi g Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2007 - /0 ~ . JH JACKSON LAND COMPANY EASEMENT V ACA nON File Number G-00026 WHEREAS, pursuant to C.R.S. 43-2-301, et seq. and Section 5-2200 of the Eagle County Land Use Regulations (the "L.U.R."), 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 public easement located entirely within the County of Eagle; and WHEREAS, pursuant to a Petition submitted by Trynis Tonso, Tawleys Tonso, and Cheryl Jackson (hereinafter referred to as "Petitioner"), the Board was asked to vacate two (2) Right of Way Easements dedicated to the public on the J.H. Jackson Land Company Parcel, Eagle County, Colorado, whose street address is 10107 Brush Creek Road, Eagle, Colorado 81631, more particularly described in Exhibit "A"; and WHEREAS, notice of the public hearings to consider the proposed vacation of the subject portion of the public road was mailed for the public hearing before the Eagle County Planning Commission and published in the Eagle Valley Enterprise on July 5,2007, for the public hearing before the Board; and WHEREAS, at its regular meeting of August 1, 2007, the Eagle County Planning Commission recommended approval of the vacation of the subject easement; and WHEREAS, the Board conducted a public hearing on August 15,2007, to consider the Petitioner's request; and WHEREAS, at the aforesaid public hearing, the Board determined that the easements described in Exhibit "N' attached hereto and incorporated herein by this reference lies entirely within Eagle County, and not within the limits of any Town; and that all easement holders of record, affected governmental entities and adjacent property owners have been notified of the proposed vacation, and have been given an opportunity to comment, and all such comments have been fully considered by the Board; and WHEREAS, the Board has considered all the evidence, exhibits and arguments presented at the hearings. WHEREFORE, based on the evidence presented, the Board finds that the Petitioner's request meets the intent of Section 5-2200 of the L.U.R which governs Public Way and Easement Vacations. ..'" NOW, THEREFORE be it resolved by the Board of County Commissioners of the County of Eagle, State of Colorado: THAT, the Board authorizes the Chairman of the Eagle County Board of County Commissioners to execute any and all documents, instruments, papers or other forms necessary for the vacation of the public easement. THAT, the application for approval of the vacation of the Right of Way easements described in Exhibit "B" is hereby approved, subject to compliance with the following conditions: 1. Except as otherwise modified by these conditions, all material representations of the Applicant in this application and all public meetings shall be adhered to and considered conditions of approval. 2. The vacations will not be in effect until Quit Claim Deeds for the vacated easements are recorded with the Eagle County Clerk and Recorder. 3. The vacations will not be in effect until the Resolution of the Eagle County Board of County Commissioners approving the vacations is recorded with the Eagle County Clerk and Recorder. The Resolution will be recorded upon the completion of condition two. THAT, upon the date on which the last of the following documents has been recorded with the Eagle County Clerk and Recorder: 1) Resolution of the Eagle County Board of County Commissioners; 2) Quit Claim Deed for the vacated easements, the Board thereupon divests, relinquishes and vacates any and all rights it may have in the easements described in this Resolution and the attached Exhibit "B". - ' MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the I &; day of (!)~ 2007, ATTEST: COUNTY OF EAGLE, STATE OF COLORADO, by and Through Its BOARD OF COUNTY COMMISSIONERS By: Teak J. Simonton Clerk to the Board of County Commissioners /' ~Qhi/w- Sara J. Fisher, Commissioner - Ch~.Lho'~ Commissioner ;::f~ seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner, Am M. Menconi Commissioner, Peter F. Runyon Commissioner, Sara J. Fisher vote of the Board of County Commissioners of I EXHIBIT A JH JACKSON PARCEL The Wl/4 of the \fEl/4, the SWl/4 of the SE1/4 of the N"El/4, and the Wl!2 of the NWl/4 of the SEl/4 of the }.IE 1/4, all in Section 12, Township 6 Sout" Range 84 West of the 6th P.M., County of Eagle, State of Colorado. Excepting therefrom the property described in deeds recorded May 31, I 941 in Book 122 at Page 242 and September 15, I 955 in Book 148 at Page 97 and September 15, 1955 in Book 148 at Page 99 and September 10, 1979 in Book 290 at Page 767. Also excepting therefrom the exception parcel described in Book 314 at Page 49 which appears to be the same property described in Book 122 at Page 242. Said JH Jackson Parcel exceptions excluded in more particularly described as follows: Beginning at the east 1/16th corner between Sections I and 12; thence along the east line of the NWl/4 of the NE 1/4 S 00009'55" W 1308.65 feet to the northeast 1/16th corner; thence along the north line of the Wl/2 of the NWI/4 of the SEI/4 of the NE1I4 S 89041' 13" E 329.51 feet to the northeast corner of the WI/2 oft.~e NWl/4 of the SEl/4 of the NEII4; thence along the east line of the WI/2 of the hTW1I4 of the SEl/4 of the NE1/4 S 00008'26" W654.47 feet to the southeast corner of the Wl/2 of the NWl/4 of the SEl/4 of the 'Ncl/4; thence along the northerly lines of the SWII4 of the SE1/4 of the NEI/4 S 89039'45" E 329.79 feet to the northeast corner of the SWI/4 of the SEI/4 of the NEI/4; thence along the east line of the SW1/4 of the SEl/4 of the NEl/4 S 00007'00" W 654.61 feet to the southeast corner of the SWI/4 of the SElI4 of the NE1/4; thence along the east-west centerline of Section 12 N 89038' I 8" W 1980.40 feet to the center corner of Section 12; thence along the north-south centerline of Section 12 N 00015' 47" E 2060.59 feet to the southwest corner of the property described in Book 290 at Page 767; thence along the southerly boundary of property described in Book 290 at Page 767 and Book 148 at Page 99 S 86041 '47" E 884.08 feet to the westerly right-of-way of Brush Creek Road; thence along t1e wes'terIy right-of-way ofBl1lsh Creek Road the following four corners and distances N 47055'20" W 201.53 feet; thence N 3 1039'22" W 198.74 feet; thence N 04049'32" E 158.73 feet; thence N 00008'30" E 140.05 feet to a point on !.lie northerly line of the NE1I4; thence along th.e northerly line of the NEl/4 S 89044'09" E 675,92 feet to the point of beginning. Said parcel containing 85.016 acres more or less. The JH Jackson Parcel is subject to the right-of-way of Brush Creek Road described in deeds recorded in Book 106 at Page 413 and Book 106 at Page 589 and Book 225 at Page 165 and Book 314 at Page 49 and as may have been established through use as a public road. /' "~I:;! ~ " ~ ~ I 3:::' ~@ ~~ ,~ tl ; 15 ~ I ~ I 1 1 I I ~O >- :to Z 1-< <(I-(Olt o..-1IJ9 ~Q]:tO oi:I-U U><~l1. OlLJ:>O Z >>> IIJ j<;aE Z~o::~ o l1. ~ IIJ cnOtl)~ ~I-(O< U:r:f-lLJ <( ,n N l1. "V 0 ii2;~ . 0 Z ., i=::J U 0 IIJU tI) SS9'44"L\6"( 53gS9 ~ >"' ~ ~~ ~!~ F~ " ~ IlDj>fi'8 3"LI',lt,ggS ..J UJ U Ire :'Z ~j>l:l zzzO: ::Joo(~(i) OUlQ. 0 lDO~~ (; eo(oo - z.,uuj ~:x; CD UJ" I- UJ ~ CO <(IIJ O~ o::~ ~> W~ WO 0::1- U~ J:~ cn~ :JI- o:::t (IJ~ Exhibit B r,,~S;; / !i~~ I . ,,- -" i I \ \ \ 0 , ;;' o>-"'V'''-''' \~ ;~::;2 ::::i~D-00 '" wQ ~~~6~ t5&f5~: CD CD ~ 0;592' o o>-m~'-" :~~~~ ~~~8~ WI-l.D Z I-rDO<.O Zl?~oS t3o::~ ~ ~ CDal ~ "i~' In~) -~j ~!~ ~ ~ ~ / ~~~~~u~ ~,~/ r-. <;(0 ~ r.nO z g~~~~~~~~~ U.Vl (Il0:::1- U'l ggg ~. ~ ~~ mWiD ~ 2 ~ t; t it: ~ " i5 ~ ~ aOlfl .'A.,8I,er.6ION 3'" n. WI! i \ ! \ : \ ! \~; I C5 ~ I 3~ I~ { \ ,,- ;~:; a.j!>h! ,Ii " ,~~ 1 ~ ~ ~~~.~ ,'- i~<,~! ~fi .ro,' dil i'U!~ 1 ijH ~h~i! ] hU ~ 'I.,g~t 1 !l~' i i.. i!hi~ .. iI~J 1l:5,,-::!:o~J - 6lt!.::l ~ ~i;j~!J I!~n ~ I j!h~N ~ ~IH . " ,,~,rHP ! iiu , _ ".n z:::' I~j~ ~~;~ ~f~~ ~ ~"'" 5'S"-'" lS'6lr 1.rl.l1>.6SS ~ ~ ~ ~ , Ii' <:,b" .,S ~ ~ I ~ , "' "'~- "'<cw ws:O 5~~ 0' '" ~~~ 20 ijO:6 :is ~T099 M..8U:;C5\iN ~ ~ , H F :cj :] !!: 5 P Iii! H~~j t,E.n !lli! Fi "0 .... , ...:l '" b01 I:< 0. ~ :a i ~ :! 1jl,d ~ - - S .5 ~ ~ ~ u f~:~ "O.'~~ ;~,jp ...:l d,,~ Q.I .....l VI "00 ~ ~.t ~ ~ QJ .5l J a ..c ~ ~ 0 ..... <1i'" " ..c:: ~ 0\ ~:t <' 6L"6lr J.S9".6C6gS ~ g ~~~ ::I~::I'" ~~i~ ~ ~i~ ~ ~"'~ " -. ~i"'::- ~~ ~~~ ~tJ;.(~::: ~ i= '7'~Cl ",I",;iit' ~8<'",,.J 3g z-'Yl QUIT CLAIM DEED THIS DEED is made this I ~. day of 6oftrf!e1, 2007, between Eagle I County, Colorado ("Grantor"), whose address is 500 Broadway, Eagle, CO 81631, and Trynis Tonso, Tawleys Tonso, and Cheryl Jackson ("Grantees"), whose addresses are 10 107 Brush Creek Road, Eagle, CO, 81631; 901 Florida Road #8, Durango, CO 81301; and 854 Eagle Pass, Durango, CO 81301, respectively. Grantor, in consideration of $10.00 and other valuable consideration paid by Grantee, does release and forever quit claim unto Grantees, all the right, title, interest, estate, claim, and demand, both at law and in equity, of Grantor, of, in, and to a portion of those permanent Right of Way Easements, in, on, over, under, and through that tract of land more particularly described in Exhibit "A" attached hereto and incorporated herein, the Right of Way Easements dedicated to the public as recorded at Book 106, Page 413, in the Eagle County Clerk & Recorder's Office on June 15, 1927 and Book 106, Page 589, in the Eagle County Clerk & Recorder's Office on June 2, 1930, more particularly described in Exhibit "B" attached hereto and incorporated herein by this reference, together with all the improvements, rights, privileges, and appurtenances held or owned by or of Grantor in the above-described easements. In witness, Grantor has executed this deed on I~day of ~, 2007. ATTEST: ~/i5~ Am M. Menconi, Chairman P./)o'~ EXHIBIT A JH JACKSON PARCEL The Wli4 of the NE1/4, the SW1/4 of the SE1/4 of the Nc1/4, a..'1d the W1/2 of the NWl/4 of the SEl/4 of the NE1I4, all in Section 12, Township 6 South, Range 84 West of the 6th P.M., County of Eagle, State of Colorado. Excepting therefrom the property described in deeds recorded May 31, 1941 in Book 122 at Page 242 and September 15, 1955 in Book 148 at Page 97 and September 15, 1955 in Book 148 at Page 99 and September 10, 1979 in Book 290 at Page 767. Also excepting therefrom the exception parcel described in Book 314 at Page 49 which appears to be the same property described in Book 122 at Page 242. Said JH Jackson Parcel exceptions excluded in more particularly described as follows: Beginning at the east I/l6th corner between Sections 1 and 12; thence along the east line of the NWl/4 of the NEI/4 S 00009'55" W 1308.65 feet to the northeast 1/16th corner; thence along the north line of the Wl/2 of the NWl/4 of the SEl!4 of the NE1/4 S 89041' 13" E 329.51 feet to the northeast corner offue W1/2 of the NWl/4 of the SE1/4 of the NEl/4; thence along the east line of the Wl/2 of the }..TWl/4 of the SEl/4 of the NE1/4 S 00008'26" W654.47 feet to the southeast corner of the WI/2 of the NWI/4 of the SEl/4 of the NE1/4; thence along the northerly lines of the SW1/4 of the SEl/4 of the NEI/4 S 89039'45" E 329.79 feet to t.~e northeast corner of the SW1/4 of the SEI/4 of the NEII4; thence along the east line of the SW1/4 of the SE1/4 of the NEl/4 S 00001'00" W 654.61 feet to the southeast comer of the SWl/4 of the SEl/4 of the NE1/4; thence along the east-west centerline of Section 12 N 8903&' I &" W 1980.40 feet to the center corner of Section 12; thence along the north-south centerliIle of Section 12 N 00015'47" E 2060.59 feet to the southwest corner of the property described in Book 290 at Page 767; thence along the southerly boundary of property described in Book 290 at Page 767 and Boof 148 at Page 99 S 8604 I' 4 7" E 884.08 feet to the westerly right-of-way of Brush Creek Road; thence along the westerly right-of-way of Brush Creek Road the following four corners and distances N 47055'20" W 201.53 feet; thence}.l 31039'22" W 198.74 feet; thence N 04049'32" E 158.73 feet; thence N 00008'30" E 140.05 feet to a point on tne northerly line of the NE1/4; thence along the northerly line of the NEl/4 S 89044'09" E 675.92 feet to the point of beginning. Said parcel containing 85.016 acres more or less. The JH Jackson Parcel is subject to the right-of-way of Brush Creek Road described in deeds recorded in Book 106 at Page 4 I3 and Book 106 at Page 589 and Book 225 at Page 165 and Book 314 at Page 49 and as may have been established through use as a public road. ~~ uz ~Q iEB r se.~'..,rOl;'[ 639,89 I I I I I ,w I ~I " ~ I ~ I I I I I ~ 0 >- 0.. 0 :t <( ~r-lo~ a.-LtJg ~1Il:t0 O:IJ-U u><~u. ol1J~~ j~(bE z~~~ OLL ~l1J enoCJ)a ~r-(O<( O:II-LrJ .( In N u. ..,v_O i(2z~ . 0 Z .., j:::J U 0 mu ~~~ m ~m :~:~ ~ ~ '~i! w ~O'.Ii 589.44'09"[ '2~ ci~ ;!~ ,90'vss 3"Li>,lv,99S -1 llJ U lI:c ~z ~:)>-la zzzO: :l~<(~~ g~~Ul ~ c~OO ~ z"Uui <(. <Xl en!; llJ" fo- llJ ~ CO <(l1J ~ Ou ~<( ~> llJ~ llJO ~.... 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