HomeMy WebLinkAboutR09-114 Northstar Center Utility Easement VacationCommissioner ~T~v~., ~-`'~
of the following Resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 2009 - I
Northstar Center Utility Easement Vacation
File Number G-2247
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 the Eagle County Engineering
Department (hereinafter referred to as "Petitioner"), the Board was asked to vacate a Utility
Easement dedicated to the public to vacate 70 square-feet of utility easement dedicated to the
public by the Final Plat for the Northstar Center at reception number 584397., more particularly
described in Exhibit "A"; 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 October 1, 2009, for the
public hearing before the Board; and
WHEREAS, at its regular meeting of October 21, 2009, the Eagle County Planning
Commission recommended approval of the vacation of the subject easement; and
WHEREAS, the Board conducted a public hearing on November 3, 2009, to consider the
Petitioner's request; and
WHEREAS, at the aforesaid public hearing, the Board determined that the easements
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
WHEREAS, the Board has considered all the evidence, exhibits and arguments presented
at the hearings.
moved adoption
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 Right of Way easements
described in Exhibit "A" 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 the Resolution of the Eagle County Board
of County Commissioners approving the vacations is recorded with the Eagle
County Clerk and Recorder.
THAT, upon the date on which the Resolution of the Eagle County Board of County
Commissioners has been recorded with the Eagle County Clerk and Recorder for the vacated
easement, the Board thereupon divests, relinquishes and vacates any and all rights it may have in
the easements described in this Resolution and the attached Exhibit "A".
MOVED, READ AND ADOPTED by the Board of County Commissioners of the
County of Eagle, State of Colorado, at its regular meeting held the ~ 1 I If' day of L~ltJV IC~'^'C'~ ICl~
?009,
ATTEST:
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By
COUNTY OF EAGLE, STATE OF
COLORADO, by and Through Its
BOARD OF COUNTY COMMISSIONERS
Sara J. Fisher, C airman
Teak J. Simont~rl "~ - -" toa p°
Clerk to the Board of
County Commissioners
la, ~-I : I __~ i a Cfi~i ~
Peter F. Runyon, CommissioneL
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Jon Sta~~)ey, Commissioner
~/
Commissioner ~ S u-~--Y~- seconded adoption of the foregoing
resolution. The roll having been called, the vote was as follows:
Commissioner, Sara J. Fisher ~ N
Commissioner, Peter F. Runyon SC<--~ i
Commissioner, Jon Stavney
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This Resolution passed by
the County of Eagle, State of Colorado.
vote of the Board of County Commissioners of
EXHIBIT "A"
PROJECT NUMBER: IM 0702-265
PARCEL NUMBER: 110
PROJECT CODE: 15851
DATE: December 11, 2008
DESCRIPTION
A tract or parcel of land No. 110 of the Department of Transportation, State of
Colorado, Project No. IM 0702-265 containing 70 sq. ft. (0.002 acres), situated in
Parcel 2, Northstar Center Subdivision recorded in the Eagle County Clerk and
Recorder's Office as reception number 584397 and being in Sections 4 and 5,
Township 5 South, Range 82 West of the Sixth Principal Meridian, Eagle County,
Colorado, said tractor parcel of land being more particularly described as follows:
(The basis of bearing for this description is a bearing of N02°03'08"E between the
west 1/4 corner of said section 4, a 3" aluminum cap stamped "Alpine Eng" found in
place, and the northwest corner of said section 4, a 1972 BLM brass cap found in
place.)
Commencing at the northwesterly corner of said Parcel 2; Thence S62°44'40"E a
distance of 251.50 feet to a point on the northwesterly right-of--way of Edwards
Access Road, the TRUE POINT OF BEGINNING;
1. Thence leaving said northwesterly right-of--way N16°38'30"E a distance of
30.56 feet to a point on the southerly right-of--way of Interstate 70;
2. Thence S69°42'37"E along said southerly right-of--way a distance of 4.56 feet;
3. Thence along said northwesterly right-of--way of Edwards Access Road
S25°11'23"W a distance of 30.61 feet to the TRUE POINT OF BEGINNING.
The above described parcel containing 70 Sq. Ft. (0.002 Acres), more or less.
Pp,UO
High Country Engineering, Inc. ~~ • ~ 1 fS~e so..`~
Frank W. Harrington, P.L.S. No. 19598 F~ ~n ; ~ \ ` ' `~
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1517 Blake Avenue, Suite 101 `~~,. ~s,U/ •.. ,,. ,`\ L ~
Glenwood Springs, CO 81601 ~ ~~< , ~;;,,, _~ Jr,{S
