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HomeMy WebLinkAboutR11-097 3 Island Bridge Road Vacation TEAKE 201115313 REC: $0s: 12 DOC: 122:21:20PM 08/17/2011 1101 1111 II I 11 11 11 11111 1 1111 11 11 Commissioner lkit..2-1 c m - moves aaoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2011 - 0 - t 1 8313 COLORADO RIVER ROAD / 3 ISLAND BRIDGE ROAD VACATION File Number G-3167 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 Eagle County (hereinafter referred to as "Petitioner "), the Board was asked to vacate a portion of road right of way for Colorado River Road as necessary for the construction of the new bridge, per a right of way agreement with landowner Mike Luark, as recorded at Reception Number 2009222251 in the Office of the Clerk and Recorder of Eagle County; the right of way easement ( "easement ") more particularly described per the agreement in Exhibit "A"; 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 Eagle Valley Enterprise on May 26, 2011, for the public hearing before the Board; and WHEREAS, at its regular meeting of June 15, 2011, the Eagle County Planning Commission recommended approval of the vacation of the subject easement; and WHEREAS, the Board conducted a public hearing on June 28, 2011, to consider the Petitioner's request; and WHEREAS, at the aforesaid public hearing, the Board determined that the 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 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. 1 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" 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 Quit Claim Deeds for the vacated right -of- way are recorded with the Eagle County Clerk and Recorder. 3. 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. 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 Exhibit "A ". 2 MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of���, State of Colorado, at its regular meeting held the (p day of 4.&) 2011, COUNTY OF EAGLE, STATE OF COLORADO, by and Through Its ATTEST: BOARD OF COUNTY COMMISSIONERS o f �`' II I By: . ..P iL,� '• • Teak J. Simonto %RAP J ; tavney, Chairman Clerk to the Board of County Commissioners % DttAvi Peter . Runyon, Com loner Sara J. Fisher, Com issioner Commissioner k S WtL seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Jon Stavney Commissioner Peter F. Runyon — A- i y Commissioner Sara J. Fisher - This Resolution passed by 0 vote of the Board of County Commissioners of the County of Eagle, State of Colorado. I I 3 EXHIBIT J COUNTY 200922251 REC 10 04= 05 -30PM 10/13/2009 REC: 80.00 DOC: $ II II AGREEMENT TO GRANT ROAD RIGHT -OF -WAY EASEMENT AND VACATE UNNECESSARY ROAD RIGHT -OF -WAY /� / /," ► THIS AGREEMENT AGREEMENT TO GRANT ROAD RIGHT -OF -WAY EASEMENT AND VACATE UN SSARY ROAD RIGHT -OF -WAY (hereinafter referred to as "Agreement ") is made this A� day of September, 2009, by and between the County of Eagle, State of Colorado, a body corporate and politic ( "County "), whose address is c/o Eagle County Attorney, P.O. Box 850, Eagle, CO 81631 (hereinafter referred to as "County "), its successors and assigns, and Mike W. Luark, whose address is 8313 Colorado River Road, Gypsum, CO 81637, his successors and assigns (hereinafter referred to as "Luark "). RECITALS 1. Luark owns property at 8313 Colorado River Road in unincorporated Eagle County. 2. The County currently owns and maintains a bridge, roadway, and attendant improvements over the Colorado River located adjacent to the Luark property. 3. The County desires to replace, improve, and enhance this bridge, roadway and attendant improvements in a new alignment generally depicted on the attached Exhibit E (hereinafter referred to as the "Improvements "). 4. The Improvements necessitate the acquisition of an easement over approximately .72 acres of Luark land in a location identified in the attached Exhibits A, B, and E. 5. The new alignment of the Improvements shall make a portion of the previous road right -of -way held by the County unnecessary for the construction, maintenance, and use of the new aligned roadway and bridge structure. The County is willing to vacate said portion of previous road right -of -way that is determined to no longer be necessary. Those portions of right - of -way anticipated to be vacated are generally depicted in the attached Exhibits C, D, and E. 6. Luark is willing to grant the necessary easements in exchange for the consideration identified herein. NOW, THEREFORE, in consideration of the terms of this Agreement, the parties hereto agree as follows: GRANT OF ROAD RIGHT - OF - WAY EASEMENT WITNESSETH, that for and in consideration of the sum of $42,950.00 and other good and valuable consideration paid by the County to Luark, the receipt of which is hereby acknowledged, Luark does hereby grant, convey and transfer unto the County, its successors and assigns, a perpetual easement and right to construct, install, remove, replace, add to, maintain, repair, operate, change or alter a roadway and bridge crossing; including but not limited to all 200922251 1 of 10 underground, underwater, and surface appurtenances related thereto, necessary snow storage and drainage improvements related thereto, any other improvements reasonably necessary to accomplish the above - stated purposes (hereinafter "Road Right -of- Way "), over, under and across the properties specifically identified in the attached Exhibits A and B and visually depicted on the attached Exhibit E. The rights granted in this Agreement shall be possessed and enjoyed by the County, its successors and assigns, so long as the roadway, bridge, and appurtenances constructed shall be maintained and operated by the County, its successors or assigns. The County shall be fully liable for all injuries to persons or damage to property resulting from the operation and maintenance of a roadway and bridge over, under, and across the easement, and, to the extent allowed by law, shall hold harmless Luark, his heirs and assigns, from any and all claims, suits, costs, losses and expenses that may in any manner result from or arise out of the maintenance, operation, or use of the easement. Nothing herein shall be deemed a waiver of any defense the County may have against a third -party claim arising under the Colorado Governmental Immunity Act or other similar statutory provisions. Luark warrants that he has the lawful right to grant and convey the Road Right -of -Way and that he will, at no time, permit, place or construct any improvement of any kind on any part of the above - described premises, or in any way interfere with County's use of the Road Right -of- Way. AGREEMENT TO VACATE UNNECCSARY ROAD RIGHT - OF - WAY Upon completion of the Improvements, the previous road right -of -way generally depicted on the attached Exhibits C and D and visually depicted on the attached Exhibit E should become unnecessary for the purposes of maintaining the roadway and bridge structure in its new alignment. The property to be vacated shown on Exhibits C and D is attached hereto for illustrative purposes and generally depicts the areas anticipated to be vacated. However, the actual property to be vacated cannot be ascertained until after completion of the Improvements. Within ninety (90) days following substantial completion of the Improvements, County shall vacate those portions of the property identified in Exhibits C and D not necessary, as determined by County in its sole discretion, for the operation and maintenance of a roadway and bridge structure in the new alignment. The County shall prepare a legal description, at its sole expense, identifying the vacated property. The actual legal descriptions shall be attached to this Agreement in the form of an amendment to the same. OTHER CONSIDERATION The County shall install a driveway for the Luark property in a type and location shown on the attached Exhibit F. Such driveway to be installed no later than thirty (30) days following substantial completion of the Improvements. Such driveway shall include at its entrance a twenty (20) foot long and seven (7) foot wide cattle guard to be installed at County expense. 2 200922251 2 of 10 This Agreement shall not affect any easements of record other than those set forth herein. All provisions of the Agreement, including all benefits and burdens, shall run with the land and shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto, subject to the provisions hereof. This Agreement covers all of the agreements between the parties and no representations or statements, verbal or written, have been made modifying, adding to, or changing the terms of this Agreement. No provision of this Agreement shall be construed against either party based on who drafted the document. Both parties are encouraged to have legal counsel review the same. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS By: c �-� -- Sara J. Fis Chairperson ATTEST: d` , c °c • • * Clerk of the B d of • Lost" County �o MIKE LUARK �f STATE OF COLORADO ) ) ss. COUNTY OF EAGLE ) The foregoing Agreement was subscribed and sworn to before me this I7 - day of September, 2009, by Mike Luark. WITNESS my hand and official seal. /A � �' (SE AL) , I' 1 /�l,( l%lJ ` - DEBORAH L CHURCHILL Notary Public Notary Public M comm'S'on wires: 1 State of Colorado � . � a014 MM Commission EON FebivaN 18, 2011 3 200922251 3 of 10 Parcel A Legal Description A parcel of land located in the SW 1/4 of Section 3, Township 4 South, Range 86 West of the 6th P.M. and also being located within a parcel of land described in Book 297, Page 387 in the office of the Eagle County Clerk and Recorder being more particularly described as follows: Beginning at a point on the westerly offset of a line described in Book 215 Page 281 as recorded in the office of the Eagle County Clerk and Recorder whence A.P. 2 of Tract 40, • Township 4 South, Range 86 West of the 6th P.M. being a GLO brass cap bears N 03°13'34" W a distance of 1155.41 feet; thence 120.62 feet along the arc of a non tangent curve to the left having a radius of 290.00 feet, a central angle of 23 °49'49 "and the chord bears S 31 °58'06" W a distance of 119.75 feet to a point on the westerly boundary of said Tract 40; thence along said westerly boundary of Tract 40 S 00 °04'17" E a distance of 225.49 feet; thence leaving said westerly boundary of Tract 40 S 10 °04'50" E a distance of 232.64 feet to a point; thence 61.94 feet along the arc of a tangent curve to the right having a radius of 942.00 feet, a central angle of 03 °46'03 ", and the chord bears S 08 °11'48" E a distance of 61.93 feet to a point on said westerly offset; thence along said westerly offset the following 3 courses 1. N 02 °46'29" E a distance of 10.87 feet; 2. N 00 °33'59" E a distance of 532.19 feet; 3. N 05°58'19" E a distance of 74.82 feet to the point of beginning; containing 0.5254 acres more or less. • EXHIBIT 200922251 4 of 10 Parcel B Legal Description A parcel of land located in the SW 1 /4 of Section 3, Township 4 South, Range 86 West of the 6th P.M. and also being located within a parcel of land described in Book 297, Page 387 in the office of the Eagle County Clerk and Recorder being more particularly described as follows: Beginning at a point on the easterly offset of a line described in Book 215 Page 281 as recorded in the office of the Eagle County Clerk and Recorder whence A.P. 2 of Tract 40, Township 4 South, Range 86 West of the 6th P.M. being a GLO brass cap bears N 07 °53'57" W a distance of 1187.50 feet; thence 83.77 feet along the arc of a non tangent curve to the right having a radius of 210.00 feet, a central angle of 22 °51'25 "and the chord bears N 69 °34'12" E a distance of 83.22 feet; thence N 80 °59'54" E a distance of 109.58 feet to a point on the easterly boundary of said parcel described in Book 297, Page 387, also being a point on the centerline of the Colorado River; thence along said easterly boundary and river centerline N 23 °41'16" E a distance of 46.55 feet to a point on said easterly offset; thence the following 6 courses along said easterly offset: 1. S 85 °15'59" W a distance of 45.31 feet; • 1. S 86 °36'29" W a distance of 47.34 feet; 2. S 79 °10'19" W a distance of 64.84 feet; 3. S 57 °55'39" W a distance of 34.63 feet; 4. S 29 °45'39" W a distance of 34.69 feet; 5. S 05°58'19" W a distance of 21.71 feet to the point of beginning.; containing 0.1946 acres more or less. EXHIBIT 1 5 200922251 5 of 10 Parcel C Legal Description A parcel of land located in the SW Vi of Section 3, Township 4 South, Range 86 West of the 6th P.M. and also being located within a parcel of land described in Book 297, Page 387 in the office of the Eagle County Clerk and Recorder being more particularly described as follows: Beginning at a point on the westerly offset of a line described in Book 215 Page 281 as recorded in the office of the Eagle County Clerk and Recorder whence A.P. 2 of Tract 40, Township 4 South, Range 86 West of the 6th P.M. being a GLO brass cap bears N 03 °13'34" W a distance of 1155.41 feet; thence 187.86 feet along the arc of a non tangent curve to the right having a radius of 290.00 feet, a central angle of 37 °06'54 "and the chord bears N 62 °26'27" E a distance of 184.59 feet; thence N 80 °59'54" E a distance of 163.60 feet to a point on the easterly boundary of said parcel described in Book 297, Page 387, also being a point on the centerline of the Colorado River; thence the following 2 courses along said easterly boundary and river centerline: 1. N 27 °42'47" E a distance of 62.08 feet 2. N 26 °59'00" E a distance of 5.59 to a point on said westerly offset; thence the following 6 courses along said westerly offset: 1. S 85 °15'59" W a distance of 106.14 feet; 2. S 86 °36'29" W a distance of 52.66 feet; 3. S 79 °10'19" W a distance of 90.10 feet; 4. S 57 °55'39" W a distance of 78.47 feet; 5. S 29 °45'39" W a distance of 80.85 feet; 6. S 05 °58'19" W a distance of 30.45 feet to the point of beginning; containing 0.4816 acres more or less. III EXHIBIT 200922251 6 of 10 Parcel D Legal Description A parcel of land located in the SW '/4 of Section 3, Township 4 South, Range 86 West of the 6th P.M. and also being located within a parcel of land described in Book 297, Page 387 in the office of the Eagle County Clerk and Recorder being more particularly described as follows: Beginning at a point on the easterly offset of a line described in Book 215 Page 281 as recorded in the office of the Eagle County Clerk and Recorder whence A.P. 2 of Tract 40, Township 4 South, Range 86 West of the 6th P.M. being a GLO brass cap bears N 07 °53'57" W a distance of 1187.50 feet; thence 250.05 feet along the arc of a non tangent curve to the left having a radius of 210.00 feet, a central angle of 68 °13'19 "and the chord bears S 24 °01'50" W a distance of 235.54 feet; thence S 10 °04'50" E a distance of 309.12; thence 197.57 feet along the arc of a tangent curve to the right having a radius of 1022.00 feet, a central angle of 11 °04'35 "and the chord bears S 04 °32'32" E a distance of 197.26 feet; thence S 00 °59'45" W a distance of 104.37 feet; thence S 89 °00'15" E a distance of 5.43 feet to a point on said easterly offset; thence the following 3 courses along said easterly offset: 1. N 02 °46'29" E a distance of 234.00 feet; 2. N 00 °33'59" E a distance of 529.39; 3. N 05 °58'19" E a distance of 57.78 feet to the point of beginning; containing 0.8551 acres more or less. EXHIBIT D 200922251 7 of 10 AP 201 AP 2d 4 1 Lad 4O TeW40 . J Z r AP i ' ., .ry .3---- - - - --- _.1w 0.1`,4 _. 95'59' 47_ — -- §1 �1 579 ''19.91 52 66' 16 14 ' f ..I go.,- x,36.29 / --°' ____________-------L—__ it ik �� ► -,1 _ I A 6 90 O rs' - 1 ' ds 3 e P ` — — _ * IS, 7. . ., - 646 : 15' 9 — ----- - -- L 41' ; ,,� 910' m POET Wr r � =h R= 290.00 Par ;v ' L =120 62 wde .t 6.23'49.49. Ur' 4 sots, W CB =s315e'OB'W J �Z POB br L -83 i7 andD C C=83.22 TradID Spandau adD 1111/ Edged C6 N69 mN69'3412'E Cobrado I R -210 00 N A D L -250 05 m 6=581319' C =235 54 m jI mina Coknado RnerRaed I 1y� R I rS of fV • z 2 Book 297. Pape 587 N d 1. ' L =197 57 m 1=11.04'35 - R>.94200 C =197 26 L =6194 I C8 =N04•32'32 - W 8-3'46'03' - . C =6193 ;+ CB= 50811'48 - E mH O; 1 I iilz n - u. if; E^ 1 — _ GRAPHIC SCALE NFffT I I • ' I 9'00'15'E r I Book 215 NOV ! -- ij i — . J I I - iii: LONCO SHEET NO 'SCALE Proposed Nigh -of -Way PaParcel / .r s 1• = p I I GATE ps 10. 200E I � DRlIwN BY Sag / �-; . _ • - 1 SHEET I1.11 l 1 PROIER WOBI CHKD BY adB kJ rillIBIT-- 3 I� I GAMMA A ASSOCIATES INC. oaiww0 � LW70e + 6 A M B A conauLn uaiwetaa• LAND ASSOCIATES, D PLCrORf awrmew 1.01.1e-.1 I .u...w n ". . .. = r `. ' .'t C l 200922251 8 of 10 ,� litt i'cilL. ;IT 1 i I 1 .1 I r:11' I F ?, ', \ 111i 111 li t il! H1 '71-1r s '''‘\'' `1 1 4 . 1 1 'II 11i 11 :.1 :I '11 ;.' ,,,,, e. 21 - 2 2 2 2 i i ia 7 i 1 I i 1 1 . i ! I :1 ■ .1 t l \ \\ maim 1 A ›i'5' ; 8 4 i3 ,!! • ° i 8 g 1 I 1■ 1 1 III .1 . .1 I l Il li il i. : 1 , H ! 1 I I 14; , 1\ 1011 00000 i ilH1 H , H 1 • X. t ., I , ';\ . ',i ( 11 i 1 lk\1/4\ i ) * I t a 1 H 1 . I i 1 ; , !!! ‘ 'lr, :v f. 1 1 !II i 1 111:11 :II .1 ,, '• A ,1\ _ ■ \ • ! 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H I -,-. _ ,, , \ .. .., 1/4, 4 • . m i ii II! i, ill H 1 t .\......4 ":" 1 Ili in III !i . ii ' / • \ .; I:, . :i\\''..\`'..•1;;" , P I ;!1 , 9 i.• • 1 .. •' • : . 4 ,),• s ; 7 ': : i i,q . . . Irir 200922251 9 of 10