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HomeMy WebLinkAboutR00-114 vacation of public utility easement in McGrady AcresCJ 0 Commissioner z moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2000 - // VACATION OF A PUBLIC UTILITY EASEMENT ON LOTS 9 & 10 IN THE McGRADY ACRES PUD SUBDIVISION File Number G -00009 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- ment located entirely within the County of Eagle; and WHEREAS pursuant to Petition submitted by Norman R. Helwig, P.C., in his capacity as representative for the owners, the Presbyterian Parish of Minturn, (hereinafter referred to as "Petitioner "), the Board was asked to vacate a public utility easement on Lots 9 & 10 of the McGrady Acres PUD Subdivision, County of Eagle, State of Colorado; and WHEREAS, notice of the public hearings to consider the proposed vacation of the subject public right -of -way was mailed for the public hearing before the Eagle County Planning Commis- sion and published in the Eagle Valley Enterprise for the public hearing before the Board; and WHEREAS, at its regular meeting of October 20, 1999, the Eagle County Planning Commission recommended approval of the vacation of the subject public utility easement; and WHEREAS, the Board, conducted a public hearing on December 6, 1999 to consider the Petitioner's request; and WHEREAS, at the aforesaid public hearing, the Board deter- mined that the public utility 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 been fully considered by the Board; and 11 ' t+ f � ,r WHEREAS, the Board, has considered all the evidence, exhib- its and arguments presented at and prior to 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 Commis- sioners of the County of Eagle, State of Colorado: THAT, upon the last to occur of (a) the recording of this Resolution with the attached Exhibit A, and (b) the written certification by the Eagle River Water & Sanitation District to the Eagle County Engineering Department that its sanitary sewer lines have been satisfactorily relocated, the Board thereupon shall divest, relinquish and vacate any and all rights it may have in the public utility easement described in this Resolution and the attached Exhibit A. THAT, pursuant to Section 5- 2200.G, L.U.R., after receipt of the certification referred to above, 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 utility easement, in favor of the present owners of the property on which the easement being vacated is situated. THAT, the aforesaid vacation of the utility easement de- scribed 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. OAI f MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State f Colorado, at its regular meeting held the _ day of 9�= , 2000. ATTEST: I� Sara J. Fi(6her Clerk to the Board of County Commissioners COUNTY OF EAGLE, STATE OF COLORADO, by and Through Its BOARD OF COUNTY COMMISSIONERS By: Commissioner seconded adoption of the foregoing resolution. The ro l having been called, the vote was as follows: Commissioner, Tom C. Stone Commissioner, Michael L. Gallagher _ Commissioner, Johnnette Phillips This Resolution passed by 3 -Q vote of the Board of County Commissioners of the County of Eagle, State of Colorado. 3 11 raq �G ..,_ Iza 1 �: - - PhilMps - 1 f �Ti EASEMENT DESCRIPTION That part of Lots 9 and 10, McCrady Acres, according to the map recorded in the office of the Eagle County, Colorado, Clerk and Recorder, described as follows Beginning at a point whence the northwest corner of said Lot 9 bears N28 37,24 feetj thence, 386,53 feet along the arc of a curve to the right having a radius of 5669,70 feet, a central angle of 3 °54'22', and a chord that bears S79 °36'44'E 386.46 feet; thence, S35 °35'10'W 27,22 feet; thence, 155,31 feet along the arc of a curve to the left having a radius of 5644,70 feet, a central angle of 1 °34'35', and a chord that bears N78'33'23'W 155,30 feet; thence, S22 °07'27'W 121,77 feet; thence, S71'14'48'E 118,45 feet; thence S35 °35'10'W 26,11 feet; thence N71 °14'08'W 127,38 feet; thence, N63 °52'18'W 246.27 feet; thence, 12.25 feet along the arc of a curve to the left having a radius of 145,00 feet, a central angle of 4'50'24', and a chord that bears N64 12.25 feet; thence, S61'10'23'E 61.81 feet; thence, S69 °22'11'E 161,15 feet; thence, N22 118.20 feet; thence, N80 195,59 feet; thence 26,13 feet along the arc of a curve to the left having a radius of 145.00 feet, a central angle of 10 °19'26', and a chord that bears N25 26,09 feet to the Point Of Beginning, c o n t a i n i n g 19800 square feet, more or less, +' E &isx'•., - -- - - - - -- -- t - -- Date Micklad?,� : - - - - -- Co I CURVE DELTA RADIUS ARC TANGENT BEARING CHORD C1 03 °54'22" 5669.70 386.53 193.34 S 79 °36'44" E 386.46 C2 01 °34'35" 5644.70 155.31 77.66 N 78°33'23" W 155.30 C3 04 °50'24" 145.00 12.25 6.13 N 64 0 04'31' E 12.25