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HomeMy WebLinkAboutR99-086 vacation of county road LC-5 Eagle Crest Road\,\ Commissioner ��j) /��.p moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 99 - D94? VACATION OF A PORTION OF A PUBLIC RIGHT -OF -WAY FOR EAGLE COUNTY ROAD NO. LC -5, COMMONLY REFERRED TO AS EAGLE CREST ROAD COUNTY.OF EAGLE, STATE OF COLORADO WHEREAS, pursuant C.R.S. X43 -2 -301, et seq. and Section 5 -2200 of the Eagle County Land Use Regulations, 1999 as amended (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 M. & Patricia H. Cole, in their capacity as the adjacent property owners (hereinafter referred to as "Petitioners "), the Board was asked to vacate a portion of the cul -de -sac at the terminus of Eagle County Road No. LC -5, commonly referred to as Eagle Crest Road, County of Eagle, State of Colorado; and WHEREAS, notice of public hearings before the Eagle County Planning Commission and the Board to consider the proposed vacation of the subject public right -of -way was duly published in the Eagle Valle v Enterprise in the March 25, 1999 weekly addition; and WHEREAS, at its regular meeting of March 17, 1999, the Eagle County Planning Commission recommended approval of the vacation of the subject public right -of -way; and WHEREAS, at a public hearing held April 26, 1999, the Board determined that the public right -of -way 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. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: 111111111111111111111111111111111111111 IN 697901 06/01/1999 03:26P 319 Sara Fisher 1 of 4 R 0.00 D 0.00 N 0.00 Eagle CO 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 right -of -way described in this Resolution and the attached Exhibit A, except the utility easement reserved therein as described in the attached Exhibit B. 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, the quit claim deed divesting the County of any interest it may have in the subject public right -of -way, in favor of the present owners of the properties lying adjacent to the right -of -way being vacated hereby. THAT, the aforesaid vacation of the right -of -way 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 Count of -Eagle, State € Colorado, at its regular meeting held the day of 1999. ATTEST: .&L By: Clerk to the Board of County Commissi rs JL �ACt� 0 ��fflti C OCORAO� � Commissioner � —w2 resolution. The roll having been Commissioner Phillips Commissioner Stone Commissioner Johnson COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS /J hnnette Phii ips, Chairman Tom 0. Stone, This Resolution passed by 2M424llyp - -ZG5�-/ vote of the Board of County Commissioners of the County of Eagle, State of Colorado. G: \KAW \C- DEV \VACROW.RES -2- seconded adoption of the foregoing called, the vote was as follows: e EXHI BI T A A PORTION OF LOT 22. BLOCK 6. LAKE CREEK MEADOWS. AS SHOWN AT BOOK 234 PAGE 565, OF THE PUBIC RECORDS OF COUNTY OF EAGLE, STATE OF COLORADO. MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF LOT 22; THENCE. ALONG ME EASTERLY LINE OF LOT 22. S08'58'OOE 190.00 FEET TO THE POINT OF BEGINNING; THENCE. SOB'58'00'E 82.14 FEET; THENCE 82.03 FEET ALONG THE ARC OF A NON - TANGENT CURVE TO THE RIGHT. HAYING A RADIUS OF 45.00 FEET, A CENTRAL ANGLE OF 10426'26" AND WHOSE LONG CHORD BEARS N12'59'50 'W 71.13 FEET TO A POINT OF REVERSE CURVATURE: THENCE 12.62 FEET ALONG THE ARC OF A CURVE TO THE LEFT. HAYING A RADIUS OF 15.00 FEET. A CENTRAL ANGLE OF 48'11'23' AND WHOSE LONG CHORD BEARS N15'07'41 "E 12.25 FEET TO THE POINT OF BEGINNING. CURVE TABLE CURVE LENGTH RADIUS DELTA CH. BEARING CH. DIST, u ex.o� saes i � i n.0 cs �z.az is.ao z' i:.ss SUBDIVISION POINT OF 20' UTILITY EASEMENT DESCRIBED 4 - PAWS UP RANCH 1"=50' SH 1 OF 1 'A N 0 m POINT OF COMMENCEMENT NORTHEAST CORNER LOT 22 ois on oa -+m 0 LOT 22. BLOCK 6 LAKE CREEK MEADOWS 0 £, °1 SUBDIVISION POINT OF 20' UTILITY EASEMENT DESCRIBED 4 - PAWS UP RANCH 1"=50' SH 1 OF 1 'A N 0 m _f EXHI Bl T A PORTION OF EAGLE CREST ROAD, BLOCK 6, LAKE CREEK MEADOWS, AS SHOWN AT BOOK 234 PAGE 565, OF THE PUBLIC RECORDS OF COUNTY OF EAGLE, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF LOT 22, BLOCK 6; THENCE; NOB'58'00'W 3.04 FEET TO THE POINT OF BEGINNING; THENCE ALONG THE EASTERLY LINE OF LOT 22 ALONG THE ARC OF A NON- TANGENT CURVE TO THE RIGHT, 27.75 FEET, HAVING A RADIUS OF 45.00 FEET, A CENTRAL ANGLE OF 3519'51" AND A CHORD WHICH BEARS N47'33'08 27.31 FEET; THENCE DEPARTING SAID EASTERLY LINE S86'07'45'E 17.47 FEET; THENCE SO8'58'00'E 17.47 FEET TO THE POINT OF BEGINNING. LINE TABLE LINE LENGTH I BEARING L3 - 17.47 So' '5H'00'E L2 17.47 S86 07'45'E CURVE TABLE CURVE LENGTH RADIUS I CHORD DIRECTION I CHORD I DELT C41 27.751 46.001 N47 'j3'08'W 27.31 3599'51' LOT 22, BLOCK 6. LAKE CREEK MEADOWS SUBDNISION EXISTI DESCRIBED 20' UTILITY EASEMENT e23W PAWS UP RANCH POINT OF POINT 0 SOUTHER NOTICE ACC ORDING TO COIARAOO LAW YOU MUST CpWENCE ANY LEGAL ACTION ASEO UPON ANY DETECT N THIS SURVEY WITHIN THREE YEARS AE'IER YOU MS SCOVER SURT OETECT. N NO EVENT MAY ANY ACTON BASED UPON ANY OETEC N THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF THE CATION SHOW HEREON. T , a p� G f T Alfi l (970) 9� ] FAX x (9 0 70) 929-3U J QUIT CLAIM DEED THIS QUITCLAIM DEED, made this �L�� day of 1R 1 - 1999, by and between The County of Eagle, State of Colorado, By and Through Its Board of County Commissioners P.O. Box 850, Eagle, Colorado 81631 referred to as the "Grantor ", and Michael M. and Patricia H. Cole, P.O. Box 280, Eagle, Colorado 81631, referred to as the "Grantee." W I T N E S S E T H: That the Grantor, for and in consideration of good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has remised, released, sold, conveyed and QUIT CLAIMED, and by these presents does remise, release, sell, convey and QUIT CLAIM unto the Grantee, its successors and assigns, forever, all the right, title, interest, claim and demand which the Grantor has in and to the real property described in Exhibit A attached hereto and incorporated herein by this reference, except the easement more particularly described in Exhibit B attached hereto and incorporated herein by this reference, which easement Grantor reserves for itself for the benefit of the public for utilities and installing and maintaining structures necessary for utilities services. 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, or the Grantor, either in law or equity, to the Grantees, their heirs and assigns forever. signature page to follow IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth above. GRANTOR: STATE OF COLORADO County of Eagle COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS By: ,( ohnnette Phil ips, C airman Fx-! The foregoing was acknowledged before me this 2 6 day of , 1999, by Johnnette Phillips, as Chairman of the Eagle ounty Board of County Commissioners and Tom C. Stone and James E. Johnson, Jr. as Commissioners of the Eagle County Board of County Commissioners. My commission expires: y 0 U 5 (2, Z-G'O L. Notary Public G: \KAW \FRMS \QUIT.CLM Tom C. Stone, Commissioner E BI T A A PORTION OF LOT 22, BLOCK 6, LAKE CREEK MEADOWS, AS SHOWN AT BOOK 234 PAGE 565, OF THE PUBIC RECORDS OF COUNTY OF EAGLE, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF LOT 229 THENCE, ALONG THE EASTERLY LINE OF LOT 22, SOB'58'OOE 190.00 FEET TO THE POINT OF BEGINNING; THENCE, SOB'58'00'E 82.14 FEET; THENCE 62.03 FEET ALONG THE ARC OF A NON— TANGENT CURVE TO THE RIGHT, HAVING A RADIUS OF 45.00 FEET, A CENTRAL ANGLE CURVE TABLE CURVE LENGTH I RADIUS I DELTA CH. BEARING CH. DIST. ca ..w as.w 11.11 Cs ' uj I..CO ¢u -- L20' UTILITY EASEMENT DE . SHEET 1 O 1 PAWS UP RANCH POINT OF COMMENCEMENT NORTHEAST CORN ER LOT 22 On OA Ay �O LOT 22, BLOCK 6 LAKE CREEK MEADOWS u SUBDIVISION m L20' UTILITY EASEMENT DE . SHEET 1 O 1 PAWS UP RANCH EXHIBIT A PORTION OF EAGLE CREST ROAD, BLOCK 6, LAKE CREEK MEADOWS. AS SHOWN AT BOOK 234 PAGE 565, OF THE PUBLIC RECORDS OF COUNTY OF EAGLE, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER. OF LOT 22, BLOCK 6; THENCE; NOB'58'00'W 3.04 FEET TO THE POINT OF BEGINNING; THENCE ALONG. THE EASTERLY LINE OF LOT 22 ALONG THE ARC OF A NON- TANGENT CURVE TO THE RIGHT, 27.75 FEET, HAVING A RADIUS OF 45.00 FEET, A CENTRAL ANGLE OF 3519'51' AND A CHORD WHICH BEARS N4733'08'W 27.31 FEET; THENCE DEPARTING SAID EASTERLY LINE S86'07'45'E 17.47 FEET; THENCE SOB'58'00 - E 17.47 FEET TO THE POINT OF BEGINNING. LIN TABLE LINE T LEN TH I BEARING ll 17.47 SOB 58'00'E L21 17.47 S86 CURVE TABLE CURVE LENGIH _ RADIUS _ _DIRECTION _ CHORD DELTA C4 27.75 45.001 N47'3 '0 'W 27.31 '19'51' 1 11 =50' LOT 22, BLOCK 5 LAKE CREEK MEADOWS SUBDIVISION EXISTING 20' UTILITY EASEMENT PAWS UP RANCH PC NOnCE ACCOPDINC r0 COURUDO UR` riTll oust COMM ANY U:GAL ACnON A5ED UPp/ ANY D6ECr R9 1W5 SURVEY WTIN THREE YEARS AFTER YOU FIRST SUCH DEFECT. W NO EVERT MAY ANY ACTION BASED UPON MY DEFECT N THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF THE TWICAIRON SIORN HEREON. A^ 0, Y v AiEl TDRAROS B09t55 ZNTER P.O. 90N 97 % mMLdi WIDNDO mm e (970) 929 -3P3 TO (970) 929 -].190