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HomeMy WebLinkAboutR08-146 Krueger Developmetn Company Easement VacationCommissioner ~S of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION N0.2008 - ~~~y KRUEGER DEVELOPMENT COMPANY LTD, LLC EASEMENT VACATION LOT 50, BLOCK 1, EAGLE-NAIL SUBDIVISION FILING NO. 1 File Number G-2012 WHEREAS, pursuant to C.R.S. 43-2-301, et seq. and Section 5-2200 of the Eagle County Land Use Regulations (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 a Petition submitted by Krueger Development Company, Ltd., LLC (hereinafter referred to as "Petitioner"), the Board was asked to vacate a portion of a seventy-foot (70') wide Stone Creek Easement dedicated to the public per the Final Plat of the Eagle-Vail Subdivision, Filing No. 1 as recorded at Reception Number 121075 in the Office of the Clerk and Recorder of Eagle County; the easement more particularly described in Exhibit "A" and shown on a map in Exhibit "B"; and WHEREAS, notice of the public hearings to consider the proposed vacation of the easement was mailed for the public hearing before the Eagle County Planning Commission and published in the E_~ Valley Enterprise on November 13, 2008, for the public hearing before the Board; and WHEREAS, at its regular meeting of December 3, 2008, the Eagle County Planning Commission recommended approval of the vacation of the subject easement; and WHEREAS, the Board conducted a public hearing on December 23, 2008, to consider the Petitioner's request; and WHEREAS, at the aforesaid public hearing, the Board determined that the easement described in Exhibit "A" and shown on a map in Exhibit "B" 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 moved adoption 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 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 Commissioners of the County of Eagle, State of Colorado: THAT, the Board authorizes the Chairman of the Eagle County Board of County Commissioners to execute any and all documents, instruments, papers or other forms necessary for the vacation of the public easement. THAT, the application for approval of the vacation of the easement described in Exhibit "A" and shown on a map in Exhibit "B" is hereby approved, subject to compliance with the following conditions: 1. Except as otherwise modified by these conditions, all material representations of the Applicant in this application and all public meetings shall be adhered to and considered conditions of approval. 2. The vacations will not be in effect until a Vacation of Easement with exhibits of legal description and a drawing showing the vacated portion of the Easement are recorded with the Eagle County Clerk and Recorder. The vacations will not be in effect until the Resolution of the Eagle County Board of County Commissioners approving the vacations is recorded with the Eagle County Clerk and Recorder. The Resolution will be recorded upon the completion of condition two. 4. After any applicable construction, the applicant shall submit an as-built drawing certified by a professional land surveyor demonstrating that the Stone Creek Bypass on the applicant's property has not been altered from its pre-construction state. 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; 2) Vacation of Easement for the vacated easement, the Board thereupon divests, relinquishes and vacates any and all rights it may have in the portion of the easement described in this Resolution and the attached Exhibits "A" and "B". 2 MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the ~'U fN' day of 11 / ..,ia,:~a- 2008, COUNTY OF EAGLE, STATE OF COLORADO, by and Through Its ATTEST: BOARD OF COUNTY COMMISSIONERS of ~,c~.c ~ ~ ~ ~ G//~ * ~c By. Teak J. Simon n Do Peter F. Runyon, Chairman Clerk to the Board of County Commissioners Arn M. Menconi, Commissioner .~ Sara J. Fisher, C missioner Commissioner ~,~~, uti.., seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner, Peter F. Runyon i~-t~ ~, Commissioner, Arn M. Menconi S Commissioner, Sara J. Fisher ~ v~ This Resolution passed by 6 vote of the Board of County Commissioners of the County of Eagle, State of Colorado. .` aver-M©untain ~`111GINEER-NG Civil Engineers & Surveyors EXHIBIT A LEGAL DESCRIPTION EASEMENT VACATION A portion of an existing 35 foot Stone Creek Easement lying in Lot 50, Block 1, Eagle- Vail Subdivision Filing No. 1, a subdivision as recorded at Reception No. 121075 in the Office of the Clerk and Recorder of Eagle County, Colorado, more particularly described as follows; Commencing at the southeast corner of said Lot 50, common to the southwest corner of Lot 49 and on the northerly right-of--way of Stone Creek Drive; Thence N 66°14'00" W along the southerly line of said Lot 50 a distance of 40.71 feet to a point on the westerly easement line of said Stone Creek Easement; Thence N 06°56'29" W along said easement line a distance of 21.39 feet to the True Point of Beginning of the parcel hereon described; Thence S 66° 13'05" E a distance of 7.48 feet; Thence N 23°49'55" E a distance of 12.48 feet; Thence N O1°20'48" W a distance of 27.70 feet; Thence N 12°29'48" W a distance of 11.73 feet; Thence N 07°53'04" W a distance of 17.01 feet; Thence N 35°54'00" W a distance of 12.77 feet; Thence N 19°39'53" W a distance of 17.63 feet; Thence N 12°53'43" W a distance of 4.05 feet; Thence N 66°14'00" W a distance of 4.20 feet to a point on the westerly line of said easement; Thence S 06°56'29" E a distance of 97.68 feet along the westerly line of said easement to the True Point of Beginning, containing 1,143 square feet or 0.026 acres more or less. .<..~,~.,_ fj~~0 ~t ~; j ; Ca\ ~~tesa4yrv ~~ `~ s rS r . w r^, I" i,, ~ a f a ~, _ Duane D. ~11~:E. & P.L.S. 26626 P.O. 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