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HomeMy WebLinkAboutR04-102 Chocholek Drainage Easement Vacation Commissioner 1 y,, ik ,vmoved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2004 - (d l/ CHOCHOLEK DRAINAGE EASEMENT VACATION File Number G -00019 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 a Petition submitted by Ray Chocholek.(hereinafter referred to as "Petitioner "), the Board was asked to vacate a portion of the public drainage easement on Lot 48, Block 6, Berry Creek Ranch Filing No. 2, 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 July 15, 2004, for the public hearing before the Board; and WHEREAS, at its regular meeting of July 7, 2004, the Eagle County Planning Commission recommended approval of the vacation of the subject easements; and WHEREAS, the Board, conducted a public hearing on August 17, 2004, to consider the Petitioner's request; and • WHEREAS, at the aforesaid public hearing, the Board determined that the easement 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 intent of Section 5 -2200 of the L.U.R which governs Public Way and Easement Vacations. PPM 111111111110 8939 1 Page: 1 of 3 09/24/20 01: ` 4 P • . 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, 2) Quit Claim Deeds for the vacated easements, the Board thereupon shall divest, relinquish and vacate any and all rights it may have in the easement described in this Resolution and the attached Exhibit "1", subject to the condition that the Petitioner will relocate any drainage facilities encountered in the drainage easement at his own cost. MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the 17th day of August, 2004. COUNTY OF EAGLE, STATE OF r' COLORADO, by and Through Its ATTEST: `, t . BOARD OF COUNTY COMMISSIONERS �h f eh.'� i% \i if ._ • , By: !s , 1 . ,. 1� :i.� +1h` B y : ��► Teak J. Simo 4?' Tom C. Stone, airman Clerk to the Board of , County Commissioners . gil 1 — I1,v, ichael L. Gallaghe , o / w ss • • - Arn M. Menconi, Commissioner Commissioner (� seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner, Tom C. Stone Ccv .t_ Commissioner, Michael L. Gallagher 4y Commissioner, Am M. Menconi 4 4 c--e f This Resolution passed by 2--$ vote of the Board of County Commissioners of the County of Eagle, State of Colorado. 2 • Y PROPERTY DESCRIPTION That part of - the Drainage Easement within Lot 48, Block 6, Berry Creek Ranch, Filing No. 2, according - to the map thereof recorded in Book 285, at Page 861 in the office of the Eagle County, Colorado, Clerk and Recorder, described as follows: Beginning at a point on the westerly line of' said Drainage Easement whence the most southerly corner of said Lot 48 bears S03'41'02'W 30.86 feet; thence along said line NO3'41'02'W 78.64 feet; thence, departing said westerly line 20.00 feet along the arc of a curve - to the left, having a radius of 225.00 feet, a central angle of 05'05'35', and a chord that bears S77'49'48'E 19.99 feet; thence S11'02'48'W 75.66 feet - to the Point of Beginning, containing 753.5 square feet, more or less. 0 ,4 4441 rr i git e g_ . Michoi g • ,0% ColocaJc�S. 3011 ® L _ ` t 116 l Go •s' Date le :a ? • Y C 0.• ? . • •.. A. e ., ''x.4 1 *AL Ulf % J0 N e C R N64',3 %° ,p e F k ` 0 _, `3 7' ,. HIV) R 0 d= 28 A 7 R= 200.00' 3 L= 98.77' o o T= 50.41' C LEN = 97.77' / > BRG =S 78'47'21' E N LOT 48 . .35 AC. / I 25.0' DRAINAGE EASEMENT / / / A= 05'05'41' R =225.00' / L=20.00' / T=10.01' / C LEN = 77'4 `. • / BRG =S 77 E 1, ti 1 14' 0' 20' 40' 60' •' / / EN wii mom milimmomo 1 / .' i / V / �� / cs / O TRACT A N 64 \ \ DRAINAGE / / BERRY CREEK RANCH 6 j 0 , P.O.B. / ti FILING N❑. 3 /v 15.0 N (GOLF COURSE) Is -.... V '00 10.0' w �"' LOT 47 O i 1 ' A ! l'''; a JOB NO. 2863