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HomeMy WebLinkAboutR00-133 vacation portion of Edwards Cemetery Road ED6 - with unrecorded quit claim deedQUITCLAIM DEED x €� County of Eagle, Colorado, a body corporate and politic, whose street address is 500 Broadway, Eagle, Colorado 81631, for valuable consideration, hereby quitclaims to Oran & Paula Palmateer, whose address is PO Box 6970, Avon, CO 81620 the following real property in the County of Eagle and State of Colorado, to wit: A portion of the right -of -way for Edwards Cemetery Road situated in the Logan Park PUD, Eagle County, Colorado, more particularly described as Exhibit A. Signed this day of,4` , 2000. COUNTY OF EAGLE, STATE OF COLORADO, by and Through Its ATTEST: F COUNTY COMMISSIONERS o c c v Q .moo By t0a Sara J. Fisher Tom C. Stone, thairman Clerk to the Board of County Commissioners is A d x F �' - j -Z g Commissioner moved adoption of the followint Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2000 - / 33_ VACATION OF A PORTION OF EDWARDS CEMETERY ROAD (EAGLE COUNTY ROAD ED6) File Number G -0010 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 Oran & Paula Palmateer, (hereinafter referred to as "Petitioner "), the Board was asked to vacate a portion of the public road known as Edwards Cemetery Road (Eagle County Road ED6) on the Logan Park PUD, 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 Enterprise for the public hearing before the Board; and WHEREAS, at its regular meeting of June 21, 2000, the Eagle County Planning Commission recommended approval of the vacation of the subject portion of the public road; and WHEREAS, the Board, conducted a public hearing on July 31, 2000 to consider the Petitioner's request; and WHEREAS, at the aforesaid public hearing, the Board deter- mined that the portion of the public road 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 0 11111111111111111111 11111111111111111111111111111111111 742143 10/23/2000 09:52A 370 Sara Fisher 1 of 5 R 0.00 D 0.00 N 0.00 Eagle CO } d WHEREAS, the Board, has considered all - -he evidence, exhib- its 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. 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 County Engineering Department that the relocated portion of the Edwards Cemetery Road has been satisfac- torily constructed and approved for warranty, the Board thereupon shall divest, relinquish and vacate any and all rights it may have in the portion of the public road described in this Resolu- tion 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 portion of the public road, in favor of the present owners of the property on which the portion of the public road being vacated is situated. THAT, the aforesaid vacation of ,the portion of the public road 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. 111111 111111111111111111111111111111111 III 11111 11111111 742143 10/23/2000 09:52A 370 Sara Fisher 2 of 5 R 0.00 D 0.00 N 0.00 Eagle CO 2 C MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, Sta of Colorado, at its regular meeting held the day of 2000. COUNTY OF EAGLE, STATE OF COLORADO, by and Through Its ATTEST: BOARD OF COUNTY COMMISSIONERS By ";iii d . Sara J. F sher Tom C. St e, Chair an Clerk to the Board n County Commissioners Commissioner Jo nnette Phil ips, Co nAissioner Commissioner seconded adoption of foregoing resolution. The rotl having been called, the vote as follows: the was Commissioner, Tom C. Stone Commissioner, Michael L. Gallagher Commissioner, Johnnette Phillips This Resolution passed by a -0 � vote of the Board of County Commissioners of the County of Eagle, State of Colorado. 1111111 1111111111111111111111 II 11111111111 Hill 1111 IN 742143 10/23/2000 09:32A 370 Sara Fisher 3 of S R 0.00 0 0.00 N 0.00 Eagle CO 3 . �.f QUITCLAIM DEED County of Eagle, Colorado, a body corporate and politic, whose street address is 500 Broadway, Eagle, Colorado 81631, for valuable consideration, hereby quitclaims to Oran & Paula Palmateer, whose address is PO Box 6970, Avon, CO 81620 the following real property in the County of Eagle and State of Colorado, to wit: A portion of the right -of -way for Edwards Cemetery Road situated in the Logan Park PUD. Eagle County, Colorado, more particularly described as Exhibit A. - Signed this day of , 2000. COUNTY OF EAGLE, STATE OF COLORADO, by and Through Its ATTEST: BOARD OF COUNTY'COMMISSIONERS By: By Sara J. Fisher Tom C. Stone, Chairman Clerk to the Board of County Commissioners 111111111111 1111111111111111111 11111111 111 1111111111111 742143 10/23/2000 09:32A 370 Sara Ftaher 4 of 5 R 0.00 D 0.00 N 0.00 Eagle CO 9 4 v PROPERTY DESCRIPTION A thirty foot wide strip of land within a parcel of tond recorded as reception number 113414 in the office of the Eagle County. Colorado, Clerk and Recorder, described as follows= Beginning of o paint on the southerly line of said parcel, said point being on the northerly right -of -way of Highway No.'s 6 and 24 whence the northeast corner of Section 4, Township 5 South, Range 82 Vest, 6th Principle Ner;dian, bears N09'34'01'E 5344.96 feet) thence the following five courses along the perimeter of said easement. 1) S86' 05 V 15, 36 feed 2) NO(11' 26' 39' E 88.69 Feet; 3) N27 33' 15'E 54. 71 feet; 4) N39' 57' ME 3198 feet; 5) 463'54'52'E 120.'04 feet to a point on the west edge of the proposed 30' access. utiilty and drainage easement per Logan Park Pinned Unit Development) thence along said easement 13.39 feet along the arc of a curve to the right having a radius at' 35.00 feet, a central angle of 21'55'35' and a chord that bears SAD'29'00'V 13.31 Feet; thence 50.60 feet along the arc of o curve to the left having a radius of 115.00 , a central angle of 25 and a chord that bears S34 50.20 feet; thence departing said easement line and returning to said perimeter -Cr 49 the fat towing six coursest 1) S6754'52'11 62.12 feet; 2) +� SW 16'06'W 47,95 feet) 3) S39* 57'29'V 26.42 Feet) _ 4) S27' 33' 15' V 46. 41 feed 5) SOB' 26' 39'V 77. 07 feet; 6) S86'05'40'V 15.36 feet to the Point of Beginning, canto ining = 9052 square fret, more or less. i $ ORAN AND PAULA P LM AT E ' -1 0 r �g9 - - - - -- ra ;c ne 1�.J s� A = „ JESSE ALBERTS dt JOLENE ALOWT5 PARCEL Co lornlp?& L. S. 3 Tflp i ` 3013 -pro: Date. zz eo _. " E7 m LINE FJf ��Mtl *4 ...... CURVE DELTA RADIUS ARC TANGENT BEARING Ct,ORO N is -Cr 49 r � N L 50'41'55 W - 27,37 1 L - In Z 30' ROAp 4�a 40 0 40 so 120 Feet i $ ORAN AND PAULA P LM AT E ' r r r I ( ra JESSE ALBERTS dt JOLENE ALOWT5 PARCEL E7 m LINE BEARING DISTANCE CURVE DELTA RADIUS ARC TANGENT BEARING Ct,ORO N L1 N 06'26'39' E 66.59 C1 21 35.01D 13.39 6.78 S 40'29'OD" W 13.31 H L2 N 2733'15" E 54.71 C2 25)2'45" 115.00 50.60 25,72 5 34'25'49" W 50.20 L3 N 39'57'28' E 33.96 6A L4 S 5616'06 W 54.25 141 N = - 1 44. u L5 N 6754'52" E 120.04 7�t �(4 qr LS 5 63 W 62.12 a do -id 11• In L7 S 5616'06' W 47.95 5 L6 S 39'57'26' W 26.42 1b ' L9 S 2733'15" W 46.41 y69• -n 5 06'26'39' W 77o7 5 16'09'45' E - 100,09 b w N � y v� g o KENNY TRACT ORAN AND PAULA PALMATEER V o w" 117.50 _ .,. U5. r .,. HIGHWAY NE CORNER SECTION 4 T5S. R82W, 6TH PM EAGLE COUNTY SCHOOL DISTRICT EXISTING ACCESS EASEMENT N 20'44'00' W 41.61 TO BE DEDICATED TO EAGLE 11l a9 COUNTY BY SEPERATE DOCUMENT /� 1�04'2 \ \ R L�1�23 \ L T -02 CB -S IV47C`3B 4E 1 - 1 1 t 1 S 0325'00' W - 56.05 L b i- r �-t 5 L 50'41'55 W - 27,37 1 L I r 30' ROAp 4 ERIMETEI2 ,)RJEi48ANDONED I i $ ORAN AND PAULA P LM AT E ' r r r I ( ,82.50 No. 6 AND S 64'46'00' W 37.64 PARCEL No. 2 EDWARDS EXCHANGE PORK ( BOOK 656. PAGE 677 ) ALSO PER DEED RECORDED IN BOOK 234, PAGE 361 / S 3359 W 43.20 ,' =3756'23' R =10a. L-66, T -34.41 1065.07 CB =S 2513'12" W I 30' PUBLIC ACCESS EASEMENT (To BE CREATED BY SEPERATE DOC EL UMENT) PARC 1 EDWARDS EXCHANGE POINT ( BOOK 656, PAGE 677 ) ALSO PER DEED RECORDED IN BOOK 234. PACE 361 t N 0314'00' £ - 190.86 EXHIBIT "A" I 24 ( 100' R.O.W. ) EAGLE COUNTY ENGINEERING TO: Matt Gennett, Planner . Community Development Department FROM: John M. Vengrin V Engineering Department DATE: November 3, 2000 RE: Quitclaim Deed for Eagle County File No. G- 0010, Vacation of a Portion of Edwards Cemetery Road, Incomplete Documents Recorded Attached are four unsigned copies of the Quitclaim Deed for the above referenced file which was heard by the BoCC on August 14, 2000. The Quitclaim Deed was recorded with Resolution No. 2000 -133 at Reception No. 742143, which is also attached. However, the Quitclaim Deed was never signed and attested. As a result, the resolution will have to be recorded again. Pc: Helen Migchelbrink, County Engineer Sara J. Fisher, Eagle County Clerk (w /attachment) Robert Loeffler (w /attachment) Robert Narracci, Planning Manager Colleen Whitford Chrono File G -0010 Attachment