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HomeMy WebLinkAboutR00-106 vacation of public equestrian easement of Aspen Mesa EstatesBOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2000 - J� VACATION OF A PUBLIC EQUESTRIAN EASEMENT ON LOTS 1 & 2 IN THE REFILING OF LOTS 25 -29 OF ASPEN MESA ESTATES, FIRST FILING. File Number G -00012 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 ease ° s merit located entirely within the County of Eagle; and �-� WHEREAS pursuant to Petition submitted by Daniel & Eleanor ° La; D. Isaacson, owners of Lots 1 & 2, (hereinafter referred to as w "Petitioner "), the Board was asked to vacate a public equestrian m easement on Lots 1 & 2 of the Refiling of Lots 25 -29 of Aspen M @ '!Mesa Estates, First Filing, County of Eagle, State of Colorado; ° a w and m .-� z m WHEREAS, notice of public hearings before the Roaring Fork ° 'Regional Planning Commission and the Board to consider the m o proposed vacation of the subject public right -of -way was duly a m published in the Eagle Valley Enterprise and WHEREAS, at its regular meeting of May 18, 2000, the Roaring m W Fork Regional Planning Commission recommended approval of the _ � vacation of the subject public equestrian easement; and W G r -+ WHEREAS, the Board, conducted a public hearing on July 10, 2000 to consider the Petitioner's request; and WHEREAS, at the aforesaid public hearing, the Board deter- mined that the public equestrian 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 govern- mental 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 beep fully considered by the Board; and G 0 WHEREAS, the Board, has considered all the evidence, exhib- its and arguments presented at and prior to the hearings. WHEREFORE, the applicants have demonstrated that vacation of the equestrian easement across their property is in the general interest of the public's health, safety, and welfare, is not a violation of law, and in compliance with the L.U.R. and the Master Plan. WHEREFORE, the applicants have demonstrated that vacating this equestrian easement does not leave any adjoining land without a means of access to another public road. 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 Commis- sioners of the County of Eagle, State of Colorado: 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 equestrian easement described in this Resolution and the attached Exhibit A. 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, Quit Claim Deeds divesting the County of any interest it may have in the subject public equestrian easement, in favor of the present owners of the property on which the easement being vacated is situated. THAT, the aforesaid vacation of the equestrian easement 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 of the County of held the by the Board of County Commissioners of Colorado, at its regular meeting 2000. 111111 IIIII 1111111 II11 IIII II1111111111 lil 11111 IN IN 736482 08/11/2000 10:19A 370 Sara Fisher 2 of 5 R 0.00 D 0.00 N 0.00 Eagle CO AND ADOPTED Eagle, State _ day of 2 ATTEST: COUNTY OF EAGLE, STATE OF COLORADO, by and Through Its BOARD OF COUNTY COMMISSIONERS By: d AA A y: Sara J. F'sher ,,: Tom C. tone, Cha rman Clerk to the BoardT County Commissioners , N Michael Z - =allag Commissioner f ohnnette Phillips, Co issioner Commissioner _A,/ seconded adoption of the foregoing resolution. The ro ving been called, the vote was as follows: Commissioner, Tom C. Stone Commissioner, Michael L. Gallagher _ - -.— Commissioner, Johnnette Phillips This Resolution passed by (3 vote of the Board of County Commissioners of the County of Eagle, State of Colorado. 1 HIM 111 111111111111 736482 08111/2000 10:198 370 Sara Fisher 3 of 5 R 0.00 D 0.00 N 0.00 Eagle CO 3 • .., QUITCLAIM DEED County of Eagle, Colorado, a body corporate and politic, whose street address is 500 Broadway, Eagle, Colorado 8 163 1, for valuable consideration, hereby quitclaims to Daniel & Eleanor D. Isaacson, whose address is PO Box 217, Basalt, CO 81621 the following real property in the County of Eagle and State of Colorado, to wit: An equestrian easement situated in Lots 1 & 2, Refiling of Lots 25 through 29, Aspen Mesa Estates, First Filing, Eagle County, Colorado, whose street address is 0099 Fender Lane, Carbondale CO, more particularly described as Exhibit A. Signed thi.-agU day of , 2000. COUNTY OF EAGLE, STATE OF COLORADO, by and Through Its BOARD OF COUNTY COMMISSIONERS ATTEST: Sara J. Fi,4her Clerk to the Board of County Commissioners By: Tom C. Stone, Chairman 1111111 I IN I 736482 08/11/2000 10 :19A 370 Sara Fisher 4 of 5 R 0.00 D 0.00 N 0.00 Eagle CO Equestrian Easement - ro 6e Vacated Property Description EQUESTRIAN EASEMENT TO BE VACATED A PARCEL OF LAND BEING A PORTION OF LOT 1 AND LOT 2 OF THE REFILING OF LOTS 25 THROUGH 29, ASPEN MESA ESTATES, FIRST FILING, COUNTY OF EAGLE, STATE OF COLORADO, AS SHOWN ON THE PLAT THEREOF, RECORDED AS RECEPTION NO. 110936 OF THE EAGLE COUNTY RECORDS; SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 2; THENCE S.18'42'25 "W. ALONG THE EASTERLY LINE OF SAID LOT 2, A DISTANCE OF 70.00 FEET; THENCE S.82'04'42 "W. A DISTANCE OF 325.71 FEET TO THE WESTERLY LINE OF SAID LOT 1; THEN 83.00 FEET ALONG THE ARC OF A CURVE TO THE LEFT, SAID CURVE HAVING A RADIUS OF 280.00 FEET, A CENTRAL ANGLE OF 16'59'03" THE CHORD OF WHICH _ L e � � 0 L —+ = N N W m �M m � cr m O) .+ z 00 =61 m ED �N �N O —� m 00 im 0 w _N W co w O _ F to BEARS N.10'29'31 "E. A DISTANCE OF 82.70 FEET; THENCE N.02'00'00 "E. ALONG SAID WESTERLY LINE, A DISTANCE OF 16.00 FEET; THENCE CONTINUING ALONG SAID WESTERLY LINE, 29.21 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 25.00 FEET, A CENTRAL ANGLE OF 66'56'28 ", THE CHORD OF WHICH BEARS N.35'28'20 "E. A DISTANCE OF 27.58 FEET, TO A POINT ON THE NORTHERLY LINE OF SAID LOT 1; THENCE S.88'26'01 "E. ALONG THE NORTHERLY LINE OF SAID LOT 1 AND LOT 2, A DISTANCE OF 313.55 FEET, TO THE POINT OF BEGINNING, SAID PARCEL CONTAINING 0.68 ACRES, (29,508 SQ. FT.), MORE OR LESS. A=29.21' R= 25.00' A= 66'5628" B =N 35'28 20" E C= 27.58 12 A4AJYA[�£ASF1E1Vf 244.00• T =16.53. �.._.._.._.. _.._.._ ._.._.._.._. _.._. — — •— .._.._.._.._.._.._..— — ._.._.. I R =2 ioa L =83.00 deltep-In9'Wr Ch= NlOW31'E i 82-70 Q / ' 0= 40'00 00" / B =S 22 W ':D / 53 1 U v / T =101.91' COUNTY ROAD NO. S -13A S882501 "£ , 1,3.55 R= 280.00 O 'r EgUES7R/AN EASEA/E l/ACr9TE0 29,508 Sq. Ft. 0.677 Ac.. Z LOT 2 C= 191. 3 0099 Al a"AMW I N 02 E k � 16.00' Q= / h l A= 195.48' R= 280.00 O 'r EgUES7R/AN EASEA/E l/ACr9TE0 29,508 Sq. Ft. 0.677 Ac.. Z LOT 2 C= 191. 3 0099 Al a"AMW