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. o � ° x 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.) lllllllllllulllll llllll Page: �zv. Sara J Fisher Eagle, Go 319 R 20. 00 D 0.00 ca_ Exhibit "A" St 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 :. -o. � c ���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 1�'>9j"IJB 0, P IIJIIIIII�IIIIIUIIIII�I ,VI�IIN�IIIIIIIIIINIIII dpo;�, .,. ,