HomeMy WebLinkAboutR16-048 Martin Tract Vacation File No. G-5936 - i2
Commissioner n Ut.44- moved adoption
of the following Resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 2016 - 44 oU
RESOLUTION APPROVING VACATION
OF
MARTIN TRACT NON-MOTORIZED TRAIL EASEMENT
FILE NO. G-5936
WHEREAS, on or about December 3, 2015, the County of Eagle, State of Colorado,
accepted for filing an application (Eagle County File No. G-5936) submitted by Arlan Moore
(hereinafter the "Applicant") requesting the vacation of a twenty-foot wide Non-Motorized Trail
Easement (hereinafter the "Trail Easement"), and;
WHEREAS,the Trail Easement, more particularly described on Exhibit A attached hereto
and incorporated herein, is on certain real property owned by the Applicant, located at 1544 U.S.
Highway 6 in Eagle, CO, in the unincorporated area of Eagle County and containing 1.11 acres of
land, more or less (hereinafter the "Martin Tract"), and;
WHEREAS, the Trail Easement was granted to Eagle County pursuant to the Exemption
Plat of the New-Martin Tract recorded at Reception Number 512103 in the Office of the Eagle
County Clerk and Recorder, and;
WHEREAS, notice of the application for vacation of the Trail Easement (hereinafter the
"Vacation") was given to all proper agencies and departments as required by Section 5-210.E,
ECLURs—Notice of Public Hearings, and;
WHEREAS, public notice was posted in a newspaper of general circulation and said notice
was sent to all adjacent property owners as required by the Section 5-210.E, —Notice of Public
Hearings, ECLURs, and;
WHEREAS, at its public hearing held on February 3, 2016, the Eagle County Planning
Commission (hereinafter the "Planning Commission"), based upon its findings, recommended
approval of the proposed Vacation, and;
WHEREAS,at its regular meeting on February 16,2016,the Board considered the proposed
Vacation; the statements and concerns of the Applicant,the Eagle County Community Development
staff, and the recommendation of the Planning Commission, and;
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Colon Att'orr y'o Cif1'lti
WHEREAS, at its regular meeting on February 16, 2016, the Board voted unanimously to
approve the Vacation, and;
NOW,THEREFORE,based on the evidence and exhibits,as well as comments of the Eagle
County Community Development Department, comments of public officials and agencies, the
recommendation of the Planning Commission,and comments from all interested parties,the Board
finds as follows:
1. That proper publication and public notice was provided as required by law for the hearings
before the Planning Commission and the Board.
2. That all standards required for approval of a Vacation of Public Ways and Easements have
been met as required by the Eagle County Land Use Regulations.
NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of the
County of Eagle, State of Colorado:
THAT the application for vacation of the Martin Tract Non-Motorized Trail Easement,
located in unincorporated Eagle County as described herein, is hereby approved.
THAT, pursuant to Section 5-2200 G. 1. of the Eagle County Land Use Regulations, the
Board hereby authorizes the Chair to execute a quit claim deed substantially in the form attached
hereto as Exhibit B to cumulatively relinquish all rights,claims and interests that Eagle County may
have in the Trail Easement described herein.
THAT following execution by the Chair,such quit claim deed will be recorded in the Office
of the Eagle County Clerk and Recorder.
THAT,the Board directs the Engineering Department to provide a copy of this Resolution to
the Applicant.
THAT,the Board hereby finds,determines and declares that this Resolution is necessary for
the health, safety and welfare of the citizens of Eagle County.
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MOVED,READ AND ADOPTED by the Board of County Commissioners of the County
of Eagle,State of Colorado at its regular meeting held on the I day of LUi►-'-,
2016, nunc pro tunc to the 16th day of February, 2016.
COUNTY OF EAGLE, STATE OF
COLORADO, By and Through Its
dt___ BOARD OF COUNTY COMMISSIONERS
ATTEST: * `
r.� By
Teak J. Simonton J nne McQueeney
Clerk to the Board of air
County Commissioners /
Ji/ Ryan
o • ssion• ;
I .
Kathy C •ler-Henry
Commissioner
Commissioner seconded adoption of the foregoing resolution. The roll
having been called, the vote was as follows:
Commissioner McQueeney 1 '
Commissioner Ryan 4
Commissioner Chandler-Henry I�
This resolution passed by vote of the Board of County Commissioners of the County of
Eagle, State of Colorado
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EXHIBIT A
Legal Description of Martin Tract Non-Motorized Trail Easement:
A Strip of land 20 feet in width for a Non-Motorized Trail Easement, being the Southerly 20 feet of the
Martin Tract, an Exemption Plat Located in Tract 51, Section 6, Township 5 South, Range 84 West of the
6th P.M., Eagle County, State of Colorado according to the recorded Exemption Plat at Reception Number
512103 of the records of Eagle County, Colorado.
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EXHIBIT B
WHEN RECORDED RETURN TO:
Eagle County Attorney's Office
P.O. Box 850
Eagle, CO 81631
QUITCLAIM DEED
THIS DEED, made this day of , 2016 between Eagle County, Colorado
("Grantor") and Arlan Moore ("Grantee") whose legal address is
WITNESS, that the Grantor, for and in consideration of Ten ($10.00)Dollars and other good and
valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has remised,
released, sold and QUITCLAIMED and by these presents does remise, release, sell and QUITCLAIM unto
the Grantee, and the Grantee's heirs and assigns forever, all of the right,title interest, claim and demand
that the Grantor has in and to the real property, together with the fixtures and improvements located
thereon, if any, situate, lying and being in the County of Eagle and State of Colorado, described as follows:
A Strip of land 20 feet in width for a Non-Motorized Trail Easement, being the Southerly
20 feet of the Martin Tract, an Exemption Plat Located in Tract 51, Section 6,Township 5
South, Range 84 West of the 6"'P.M., Eagle County, State of Colorado according to the
recorded Exemption Plat at Reception Number 512103 of the records of Eagle County, Colorado.
TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and
privileges thereunto belonging, or in anywise thereunto appertaining, and all the estate, right, title, interest
and claim, whatsoever, of the Grantor, either in law or in equity, to the only proper use, benefit and behalf
of the Grantee, and the Grantee's heirs and assigns forever.
IN WITNESS WHEREOF, Grantor has caused this deed to be executed on the date set forth
above.
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EAGLE COUNTY, By and Through Its
BOARD OF COUNTY COMMISSIONERS
By:
Jeanne McQueeney, Chair
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STATE OF COLORADO )
) ss.
COUNTY OF EAGLE )
The foregoing instrument was acknowledged before me on the day of , 2016 by
Jeanne McQueeney, Chair of the Board of County Commissioners for the County of Eagle, State of
Colorado.
Witness my hand and official seal.
My commission expires:
Notary
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