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HomeMy WebLinkAboutR03-139 Chaveno Subdivision Public Way and Easements Vacation File No. G-00016~~ ~ 856300 31 ~ • I Page: 1 of 3 11/03/2003 12:38P Teak J Simonton Eaele, CO 370 R 0.00 D 0.00 Commissioner`" moved adoption of the fo owing Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION N0.2003 - CHAVENO SUBDIVISION PUBLIC WAY AND EASEMENTS VACATION File Number G-00016 WHEREAS, pursuant to C.R.S. 43-2-301, et seq. and Section 5-2200 of the Eagle County Land Use Regulations, 1999 (the "L.U.R."), the Board of County Commissioners of the County of Eagle, State of Colorado (hereinafter the "Boazd"), has the power and authority to vacate any public way and public easement located entirely within the County of Eagle; and WHEREAS pursuant to a Petition submitted by Squaw'Creek Metro District (hereinafter referred to as "Petitioner"), the Board was asked to vacate the public way and easements in the Chaveno Subdivision, County of Eagle, State of Colorado; 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 August 21, 2003 for the public hearing before the Boazd; and , . WHEREAS, at its regulaz meeting of September 03, 2003, the Eagle County Planning Commission recommended approval of the vacation of the subject public way and public easements; and WHEREAS, the Board, conducted a public hearing on September 23, 2003 to consider the Petitioner's request; and WHEREAS, at the aforesaid public hearing, the Board determined that the public easements and public way described in Exhibit "1"attached hereto and incorporated herein by this reference lie 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 requirements of Section 5-2200 of the L.U.R which governs Public Way and 1 .-- Commissionep~ oved adoption of the fol owing Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION N0.2003 - CHAVENO SUBDIVISION PUBLIC WAY AND EASEMENTS VACATION File Number G-00016 WHEREAS, pursuant to C.R.S. 43-2-301, et seq. and Section 5-2200 of the Eagle County Land Use Regulations, 1999 (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 way and public easement located entirely within the County of Eagle; and WHEREAS pursuant to a Petition submitted by Squaw Creek Metro District (hereinafter referred to as "Petitioner"), the Board was asked to vacate the public way and easements in the Chaveno Subdivision, County of Eagle, State of Colorado; 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 August. 21, 2003 for the public hearing before the Board; and , WHEREAS, at its regular meeting of September 03, 2003, the Eagle County Planning Commission recommended approval of the vacation of the subject public way and public easements; and WHEREAS, the Board, conducted a public hearing on September 23, 2003 to consider the Petitioner's request; and WHEREAS, at the aforesaid public hearing, the Board determined that the public easements and public way described in Exhibit "1" attached hereto and incorporated herein by this reference lie 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 requirements of Section 5-2200 of the L.U.R which governs Public Way and 1 • s Easement Vacations, and the vacation will not leave any adjoining land owner without a means of access to another public road. NOW, THEREFORE be it resolved by the Board of County Commissioners of the County of Eagle, State of Colorado: 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, and 2) Quit Claim Deeds for the vacated public easements and public way, the Board thereupon shall divest, relinquish and vacate any and all rights it may have in the public easements and public way described in this Resolution and the attached Exhibit "1 ". MOVED, READ AND ADOPTED by the Board of County Comm sinners of the Co ty of Eagle, State of Colorado, at its regular meeting held the day of ,~ , 2003. COUNTY OF EAGLE, STATE OF ®~ ~ct~~® .COLORADO, by and Through Its ATTEST: ~ ~ ~~ OARD OF COUNTY COMMISSIONERS ~ ~. B~ By' Teak J. Simonton Michael L. Ga lag er, Chair Clerk to the Board of Commissioner County Commissioners 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, Arn M. Menconi ~~ ,, ~ , _~ This Resolution passed by 1~n~~~~ vote of the Board of County Commissioners of the County of Eagle, State of Colorado. 2 • .~ QUIT CLAIM DEED County of Eagle, Colorado, a body corporate and politic, whose street address is 500 Broadway, Eagle, Colorado 81631, for valuable consideration, hereby quitclaims to Squaw Creek Metropolitan District, a Colorado Quasi-Municipal Corporation and Political Subdivision of the State of Colorado, whose address is P.O. Box 925, Edwards, Colorado 81632, the following real property in the County of Eagle and State of Colorado, to wit: All public easements and rights-of--way located across, over, under and through Lots 1 through 8, Chaveno Subdivision, according to the plat recorded March 19, 1986, in Book 438 at page 400 in the Office of the Eagle County Clerk and Recorder, and Lot 9, East Squaw Creek, Planned Unit Development, according to the Plat recorded February 26, 1991, in Book 548 at page 331 in the Office of the Eagle County Clerk and Recorder, Eagle County, Colorado. Signed this -~~'/~f%~~ day of October, 2003 COUNTY OF EAGLE, STATE OF COLORADO By and Thro ®~ ~. ~~ARRD OF COiJNTY COMMISSIONERS ~ ®e. . ATTEST: ~ * ~ B By Teak Simonton Michael allagher, ha' Clerk to the Board of County Commissioners