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HomeMy WebLinkAboutR99-142 vacation equestrian easement on aspen mesa estatesCommissioner QL /)0r7'%— moved adoption of the ollowing Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 99 - VACATION OF A PUBLIC EQUESTRIAN EASEMENT ON LOT 5 IN THE REFILING OF LOTS 25 -29 OF ASPEN MESA ESTATES, FIRST.FILING. File Number G -00007 aaa� — L � e e o —LL U L =a e aaa� �+ = /I A _ W ��m �M® a sse ar z �.. �mm �m —m o aa� v m aaa� N - � o ac �® o — r .+ WHEREAS, pursuant 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 right -of -way or public easement located entirely within the County of Eagle; and WHEREAS pursuant to Petition submitted by Michael Hamberg, in his capacity as representative for the owners, Michael & Amy Thau, (hereinafter referred to as "Petitioner "), the Board was asked to vacate a public equestrian easement on Lot 5 of the Refiling of Lots 25 -29 of Aspen Mesa Estates, First Filing, County of Eagle, State of Colorado; and WHEREAS, notice of public hearings before the Roaring Fork Regional Planning Commission and the Board to consider the. proposed vacation of the subject public right -of -way was duly published in the Eagle Valley Enterprise and WHEREAS, at its regular meeting of June 17, 1999, the Roaring Fork Regional Planning Commission recommended approval of the vacation of the subject public equestrian easement; and WHEREAS, the Board, conducted a public hearing on July 26, 1999 to consider the Petitioner's request; and WHEREAS, at the aforesaid public hearing, the Board determined that the public equestrian easement described in Exhibit A 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 7 1911 09/08/1999 Sara Fisher 1 of 6 R 0.00 D 0.00 N 0.00 Eagle CO 1 WHEREAS, the Board, has considered all the evidence, exhibits and arguments presented at and prior to 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 Commis- sioners of the County of Eagle, State of Colorado: THAT, upon the recording of this Resolution and the attached Exhibit A, the Board hereby divests, relinquishes and vacates any and all rights it may have in the public equestrian easement described in this Resolution and the attached Exhibit. THAT, pursuant to Section 5- 2200.G, L.U.R., the Chairman of the Board is directed to execute on behalf of the Board and cause to be recorded in the office of the County Clerk and Recorder, Quit Claim Deeds divesting the County of any interest it may have in the subject public equestrian easement, in favor of the present owners of the property on which the easement being vacated is situated. THAT, the aforesaid vacation of the equestrian easement described in Exhibit A shall not be construed as affecting in any way whatsoever any and all existing recorded easements necessary for utilities or other public services. MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State Colorado, at its regular meeting held the � day of 1999. 707948 09/08/1999 01:B6P 370 Sara Fisher 2 of 6 R 0.00 D 0.00 N 0.00 Eagle CO 111111111111111111111111 III 111111111111 III 11111 IN IN 709892 09/24/1999 04:43P 370 Sara Fisher 2 of 6 R 0.00 D 0.00 N 0.00 Eagle CO `a COUNTY OF EAGLE, STATE OF COLORADO, by and Through Its ATTEST: '.`, BOARD OF COUNTY COMMISSIONERS By: ai'12 X . Johnnette Phillips, Chairman Commissioner A n� seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner, Johnnette Phillips -- Commissioner, James E. Johnson, Jr. Commissioner, Tom C. Stone a A This Resolution passed by C( - 0 vote of the Board of County Commissioners of the County of Eagle, State of Colorado. 707 09/08/1999 01:56P 370 Sara Fla or 3 of 6 R 0.00 D 0.00 N 0.00 Eagle CO 1 111111 "III 1111111 11111 "I 11111 1111111 III 11111 709892 09/24/1999 04:43P 370 Sara Fisher 3 of 6 R 0.00 D 0.00 N 0.00 Eagle CO Tom C. Stone, Commissioner Legal Description - Equestrian Easement L-! 01 W W m ri �m nz 9 m nm no Y D m o - .m 3m s ro r �o i An equestrian easement situated in Lot 5, Refiling of Lots 25 through 29, Aspen Mesa Estates, First Filing, Eagle County, Colorado, being more particularly described as follows: Beginning at the Southwest Corner of said Lot 5; thence N 04 °33'57" W 218.29 feet along the Westerly boundary line of said Lot 5 to a point on the centerline of a 50 foot wide private access and utility easement; thence along said centerline on the following two (2) courses: S 48 °00'00" E 78.00 feet; thence 36.87 feet along the arc of a 100.00 foot radius curve to the left, the chord of which bears S 58 °33'44" E 36.66 feet; thence S 11 0 57'29" W 157.64 feet to a point on the Southerly boundary line of said Lot 5; thence N 78 0 33'08" W 40.00 feet along said Southerly boundary line to the.point of beginning, containing 11939 square feet more or less. Lines in Space \ P.O. Box 121 Carbondale, Co. 81623 \ s \ 28J I \ by L I EQUESTRIAN EASEMENT 50' PRIVATE ACCESSi § TO BE VACATED UTILITY EASEMENT � rn E EXHIBIT A Lot 5 I"III "III "II'II'I'II "I I'lII'I'I"I III "I�I'I'I I"I N U . W 709892 09/24/1999 04:43P 370 Sara Fisher 4 of 6 R 0.00 D 0.00 N 0.00 Eagle CO Y QUITCLAIM 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 Michael Hamberg, whose address is PO Box 2476, Basalt, CO 81621 the following real property in the County of Eagle and State of Colorado, to wit: An equestrian easement situated in Lot.5, Refrling of Lots 25 throug4 29, Aspen Mesa Estates, First Filing, Eagle County, Colorado, more particularly described as exhibit A. Signed this /&lay o 1999. COUNTY OF EAGLE, COLORADO, by and ATT 7 7946 09 I Sara Fisher 5 of 6 R 0.00 D 0.00 N 0.00 Eagle CO STATE OF Through Its 1 111111 "III 111111111111 iii 111111111111 III "1'1'111 1111 5 R 0.00 N30.000 Fisher Eagle CO Clerk to the Board of l©til C. SToQe County Commissioners 0 L_ o oe to a W r 0 ri 0 a_ o nz .+ 0 mm m0 mo �o �m m� m 0� r a rm Legal Description - Equestrian Easement An equestrian easement situated in Lot 5, Refiling of Lots 25 through 29, Aspen Mesa Estates, First Filing, Eagle County, Colorado, being more particularly described as follows: Beginning at the Southwest Corner of said Lot 5; thence N 04 0 33'57" W 218.29 feet along the Westerly boundary line of said Lot 5 to a point on the centerline of a 50 foot wide private access and utility easement; thence along said centerline on the following two (2) courses: S 48 0 00'00" E 78.00 feet; thence 36.87 feet along the arc of a 100.00 foot radius curve to the left, the chord of which bears S 58 0 33'44" E 36.66 feet; thence S 11 0 57'29" W 157.64 feet to a point on the Southerly boundary line of said Lot 5; thence N 78 0 33'08" W 40.00 feet along said Southerly boundary line to the point of beginning, containing 11939 square feet more or less. Lines in Space P.O. Box 121 Carbondale, Co. 81623 28 July n I I"III "III 1111111 11111 "I Ilill 1111111 III IIIII IN I"I 709892 09/24/3999 04:43P 370 Sara Fisher 6 of 6 R 0.00 D 0.00 N 0.00 Eagle CO s \ 9� \ F o ryy \ o � ry h V EQUESTRIAN E1r5EMEI TO BE VACATED 50' PRIVATE ACCESS UTILITY EASEMENT EXHIBIT A I L Olt 5