No preview available
HomeMy WebLinkAboutR00-159 vacation of portion of Brett Trail South right of WayCommissioner moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2000 - 16Q VACATION OF A PORTION OF BRETT TRAIL SOUTH RIGHT -OF -WAY IN THE BRETT RANCH PUD _ File Number G -00011 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 J) 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 Brett Ranch Holding, LLC, (hereinafter referred to as "Petitioner "), the Board was asked to vacate a portion of Brett Trail South Right - of -Way in the Brett Ranch PUD, County of Eagle, State of Colo- rado; and WHEREAS, notices of public hearings before the Eagle County Planning Commission and the Board to consider the proposed vacation of the subject public right -of -way were duly published in the Eagle Valle v Enterprise and WHEREAS, at its regular meeting of July 5, 2000, the Eagle County Planning Commission recommended approval of the vacation of the subject portion of Brett Trail South Right -of -Way; and WHEREAS, the Board, conducted a public hearing on August 14, 2000 to consider the Petitioner's request; and WHEREAS, at the aforesaid public hearing, the Board deter- mined that the portion of Brett Trail South Right -of -Way de- scribed in the Quit Claim Deed 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, exhib- its and arguments presented at and prior to the hearings. E1 1 744153 11/15/2000 04:46P 370 Sara Fisher 1 of 6 R 0.00 D 0.00 N 0.00 Eagle CO 0 C WHEREAS, Petitioner has demonstrated that vacation of the portion of Brett Trail South Right -of -Way 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. WHEREAS, Petitioner has demonstrated that vacating this portion of Brett Trail South Right -of -Way does not leave any adjoining land without a means of access to another public road. WHEREAS, 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 Quit Claim Deed the Board hereby divests, relinquishes and vacates any and all rights it may have in the portion of Brett Trail South Right -of -Way described in this Resolution and the attached Quit Claim Deed with the following conditions: 1. An Amended Final Plat for the Brett Ranch PUD must be recorded which combines the vacated right -of -way and Tract I with Lot 10; and 2. This Resolution and Quit Claim Deed shall be recorded simultaneously with, and not before, the approval of the Amended Final Plat. 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, a Quit Claim Deed divesting the County of any interest it may have in the subject portion of Brett Trail South Right -of -Way, in favor of the present owners of the property on which the right - of -way being vacated is situated. THAT, the aforesaid vacation of the portion of Brett Trail South Right -of -Way described in Exhibit " A " shall not be con- strued as affecting in any way whatsoever any and all existing recorded easements necessary for utilities or other public services. 2 � C I MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the /A� day of 2000. ATTEST: M Sara J. Fisher ` Clerk to the Board o County Commissioners EAGLE, STATE OF by and Through Its COUNTY COMMISSIONERS o., 4 Tom 0. Stone, Chairman _ Michael L. Gallagh��� Commissioner r kohnn Philips, Comqfissioner Commissioner - A a 1 A 4 L - seconded adoption of the foregoing resolution The r 1 having been called, the vote was as follows: Commissioner, Tom C. Stone Commissioner, Michael L. Gallagher Commissioner, Johnnette Phillips This Resolution passed by .3 -a vote of the Board of County Commissioners of the County of Eagle, State of Colorado. COUNTY OF COLORADO, BOARD OF 3 0 0 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 the Brett Ranch, LLC, whose address is PO Box 988, Edwards, CO 81632 the following real property in the County of Eagle and State of Colorado, to wit: A portion of the right -of -way for Brett Trail South situated in the Brett Ranch PUD, Eagle County, Colorado, more particularly described as Exhibit A. - Signed this /day of , 2000. ATTEST: County Commissioners COUNTY OF EAGLE, STATE OF COLORADO, by and Through Its BOARD OF COUNTY COMMISSIONERS 1§�� 9 • mte Tom C. Stone, Chairman C C LEGAL DESCRIPTION FOR RIGHT OF WAY VACATION OF A PORTION OF BRETT TRAIL SOUTH LOCATED IN BRETT RANCH P.U.D. A portion of right -of -way for Brett Trail South located in Brett Ranch P.U.D. as recorded at reception number 657151 at the Clerk and Recorders office in Eagle County_Colorado, with all bearings contained herein based on a platted bearing of O1 °38'35" E for the westerly line of Lot 10 of said Brett Ranch P.U.D., with said portion of right -of -way being more particularly described as follows: Commencing at the northwest corner of said Lot 10 with said point being also the southwest corner of Tract I of said P.U.D.; thence N 71 °38'35" E 30.00 feet along the northerly line of said Lot 10 to the Point of Beginning thence leaving said Lot 10 and along the easterly line of said Tract I N 01 °38'35" E 53.21 feet to the southerly line of Lot 9 of said P.U.D.; thence leaving said Tract I and along the southerly line of said Lot 9, N 71 E 100.93 feet to the beginning of a curve; thence continuing along said southerly line 34.18 feet along the arc of a curve to the right having a radius of 400.00 feet, central angle of 04 °53'44 ", tangent of 17.10 feet and chord of 34.17 feet which bears N 74 °05'27" E to the southeast corner of said Lot 9 and the beginning of a curve; thence leaving said Lot 9, 52.46 feet along the arc of a curve to the left having a radius of 50.00 feet, central angle of 60 °06'52 ", tangent of 28.93 feet and a chord of 50.09 feet which bears S 10 °22'29" E to the northeasterly corner of said Lot 10, said point being also the northwesterly corner of Lot 11 of said PUD and the beginning of a curve; thence along the northerly line of said Lot 10, 27.24 feet along the arc of a curve to the left having a radius of 350.00 feet, central angle of 04 °27'33 ", tangent of 13.63 feet and a chord of 27.23 feet which bears S 73 °52'22" W; thence continuing along said northerly line S 71 °38'35" W 119.10 feet to the Point of Beginning See attached Exhibit A as reference. Said Parcel contains: 0.156 acres more or less. Date EXHIBIT A LINE TABLE LINE ' RIGHT CWAY L1 53.21 LO C� (PROPOSED VACATION) BRETT TRAIL C1 34.18' 400.00' SOUTH 34.17' N74 4 C2 52.46' 50.00' 28.93' 3 S10 TRACT I C3 27.24'1 350.00' 13.63' 27.23' S73 4 S��'3a3 EXHIBIT A P.O.C. i P.O.B. \\ RIGHT OF WAY i \ LOT 11 VACATION OF A \ PORTION OF BRETT TRAIL SOUTH \ LOCATED IN BRETT \ RANCH PUD � LOT 10 \\ 1 I 041 \ a I � I / O W I / O in 00 O 0 \ / Z O 0 p Z_ > D% � > Q W m W p NOT PART OF BRETT RANCH PUD GRAPHIC SCALE N 0 (/) (n 0 30 60 / W Q M (IN FEET) i inch - 80 ft- LINE TABLE LINE I LENGTH HEARING L1 53.21 N0138'35'E CURVE TABLE CURVE LENGTH I RADIUS rANGENT CHORD BEARING DELTA C1 34.18' 400.00' 17.10' 34.17' N74 4 C2 52.46' 50.00' 28.93' 50.09' S10 60 C3 27.24'1 350.00' 13.63' 27.23' S73 4 % - f w L Johnson, Kunkel EAGLE STEAMBOAT SPRINGS SCALE DRAWN 8K MW 1 Associates , Inc PHONE: 970- 328 -6368 970- 879 -4676 CHECKED BY _ _ SHEET FAX: 328 -1035 879 -4870 1 in. = JOB NO.: 99290 LAND SURVEYING MAPPING P.O. Box 409 1286 Chambers Ave. Eagle, CO. 81631 60 fL DATE' 02 -02 -00 7 CIVIL ENGINEERING PLANNING P.O. Box 771196 1724 Mt. Werner Rd. Steamboat Spgs, CO 80477 DRAWING NO.: EXHIBIT A OF