HomeMy WebLinkAboutR01-110 fee simple right of way for portion of Bellyache Ridge RoadCommissioner moved adoption
of & following Resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 2001-
ACCEPTING A FEE SIMPLE RIGHT OF WAY FOR
A RELOCATED PORTION OF BELLYACHE RIDGE ROAD
GRANTED IN CONJUNCTION OF THE APPROVAL OF
A FINAL PLAT FOR RED SKY RANCH PLANNED UNIT DEVELOPMENT
File No. PDF -00068
WHEREAS, pursuant to Section 28, Title 30 of the Colorado Revised Statutes, Eagle
County adopted Land Use Regulations, whereby Section 5 -230 authorizes amendments to
Official Zone District Map; on or about 2 January 2001, pursuant to an application by The Vail
Corporation, David James Plath and Deborah Plath, and Gary and Margie Plath, the Board of
County Commissioners of the County of Eagle, State of Colorado, approved a zone change from
the Resource [R] and Agricultural Residential [AR] Zone Districts to the Planned Unit
Development [PUD] Zone District per File No. ZC- 00039, and approved the Planned Unit
Development Preliminary Plan for the Red Sky Ranch Planned Unit Development, File No.
PDP- 00016; and,
WHEREAS, at its public hearings held 31 July 2001, the Board of County
Commissioners of the County of Eagle, State of Colorado, considered the evidence, testimony,
exhibits, the Master Plan for the unincorporated areas of Eagle County, comments of the Eagle
County Department of Community Development and the Eagle County Engineering Department,
comments of public officials and agencies, and comments from all interested parties, and
approved and authorized the Chairman of the Board of County Commissioners to sign a final plat
for the Red Sky Ranch Planned Unit Development, along with certain quit claim deeds,
subdivision improvements agreements, and a temporary road way easement; and
WHEREAS, pursuant to the authority granted in Colorado Revised Statues, 43- 2- 110(2),
the development of the Red Sky Ranch Planned Unit Development in accordance of with the
approved PUD Preliminary Plan and the final plat involves the relocation of a portion of the
right -of -way for Bellyache Ridge Road located with the Red Sky Ranch Planned Unit
Development; and,
WHEREAS, in conjunction with the approval of the final plat for the Red Sky Ranch
Planned Unit Development, the Board of County Commissioners received a Quit Claim Deed
dated 31 July 2001 by The Vail Corporation, David James Plath and Deborah Plath, and Gary
and Margie Plath which conveys Tract J, Red Sky Ranch, a copy of which is attached as
Exhibit A.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
the County of Eagle, State of Colorado:
THAT the Quit Claim Deed dated 31 July 2001 conveying Tract J, Red Sky Ranch, to
Eagle County for the purposes of creating a relocated right -of -way for a portion of Bellyache
Ridge Road is hereby.
THAT this relocated portion of Bellyache Ridge Road is accepted into the County Road
System upon successful completion of the Red Sky Ranch Planned Unit Development
Subdivision and Public Improvement Agreement (PDP- 00016) warranty period.
THE BOARD further finds, determines and declares that this Resolution is necessary for
the health, safety and welfare of the inhabitants of the County of Eagle, State of Colorado.
MOVED, READ AND ADOPTED by the Board of CounVCmission r� of t�,
County of Eagle, State of Colorado, at its regular meeting held the ay of
2001, nunc pro tunc to the 31 day of July, 2001.
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ATTEST:
C �t0IRt
BY
Sara J. Fisher
Clerk of the Board of
County Commissioners
COUNTY OF EAGLE, STATE OF
COLORADO, By and Through Its
BOARD OF COUNTY COMMISSIONERS
BY:
T om C. Sto
IN
Miptkel 1 Commissioner
r
BY:
Am M.Menconi, Commissioner
2
Commissioner seconded adoption of the foregoing resolution. The roll
having been called, the vote was as follows:
Commissioner Tom C. Stone
Commissioner Michael L. Gallagher
Commissioner Am M.Menconi
This Resolution passed byA of the Board of County Commissioner of the County of
Eagle, State of Colorado.
K
QUIT CLAIM DEED
THIS DEED, made this day of 11 L4 , 2001, between THE VAIL
CORPORATION, a Colorado corporation, DA JAMES PLATH and DEBORAH ANN PLATH,
and GARY PLATH and MARGIE PLATH, as their respective interests may appear, (collectively,
"Grantor "), and COUNTY OF EAGLE, COLORADO, A BODY CORPORATE AND POLITIC
whose street address is 500 Broadway, Eagle, Colorado 81631 ( "Grantee ").
WITNESS, that, Grantor, for and in consideration of the sum of TEN DOLLARS ($10.00), the
receipt and sufficiency of which is hereby acknowledged, has remised, released, sold and QUIT
CLAIMED, and by these presents does remise, release, sell and QUIT CLAIM unto Grantee, its
successors and assigns forever, all the right, title, interest, claim and demand which Grantor has in
and to the real property, together with improvements, if any, situate, lying and being in the County
of Eagle and State of Colorado, more particularly described as follows:
Tract J, Red Sky Ranch, according to the final plat of Red Sky Ranch, Eagle County, Colorado,
recorded on - - / 0 o D ( at Reception No. 7( 3 5 6 in the office of the Eagle
County, Color, r c and Recorder.
also known by street and number as: vacant land
m FA
TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and
privileges thereunto belonging, or in anywise thereunto appertaining, and all the estate, right, title,
interest and claim whatsoever, of Grantor, either in law or equity, to the only proper use and benefit
of Grantee, its successors and assigns forever.
(Remainder of this page intentionally left blank.)
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Page: �zv.
Sara J Fisher Eagle, Go 319 R 20. 00 D 0.00
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Exhibit "A"
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IN WITNESS WHEREOF, Grantor has hereunto set its hand as of the 3/ day of
J u , 2001.
THE VAIL CORPORATION, a Colorado corporation
DEBORAH ANN PLATH
LATH
R LAI
MARGIE ATH
STATE OF COLORADO )
) ss.
COUNTY OF EAGLE )
The foregoing instrument was acknowledged before me this ) S " day of Tt.c k ,
2001, by A C k+ &� . . 9e A M as Sr • U i c e tes i d e,,. of THE VAIL -�
CORPORATION, a Colorado corporation.
Witness my hand and official seal.
My commission expires: /6 — d 3 — '? D d 7`
Notary Pu c
O
cn ArjB L I G c
II��II� ��II I�IIIIIII IIO e. 6356B o
Sara J Fisher Eagle, Co 319 R 20.
DAVID JAMES PLATH
C Ci
STATE OF COLORADO )
) ss.
COUNTY OF EAGLE )
The foregoing instrument was acknowledged before me this f�day of Tk 6 ,
2001, by DAVID JAMES PLATH, an individual.
Witness my hand and official seal.
My commission expires: 16 U
By qR�
Ca .R ,0 T4 p
Not Publ' 'AUB L I C
COQ.®
STATE OF COLORADO )
) ss.
COUNTY OF EAGLE )
The foregoing instrument was acknowledged before me this / of T l
2001, by DEBORAH ANN PLATH, an individual.
Witness my hand and official seal. ,
My commission expires: 0 - D _� - Oa
STATE OF COLORADO )
) ss.
COUNTY OF EAGLE )
Notary Pub
N 0 7j44 :.
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���F COLQ
The foregoing instrument was acknowledged before me this " day of Tk / !z
,
2001, by GARY PLATH, an individual.
STATE OF COLORADO )
ss.
COUNTY OF EAGLE )
C�
The foregoing instrument was acknowledged before me this day of ,.
2001, by MARGIE PLATH, an individual.
Witness my hand and official seal. /6 D , a d 0
My commission expires:
A
pTAAg. Notary Pu c
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