HomeMy WebLinkAboutR95-029 vacation of Bellyache Ridge Road No. 35ft
559278 B -663 P -252 03/15/95 12:23P PG 1 OF 3 REC DOC
Sara J. Fisher Eagle County Clerk & Recorder 0.00
Commissioner �� moved adoption
of the following Resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 95 -
VACATION OF A PUBLIC RIGHT -OF -WAY
COMMONLY REFERRED TO
AS BELLYACHE RIDGE ROAD, COUNTY OF EAGLE, STATE OF COLORADO
WHEREAS, pursuant C.R.S. 43 -2 -301, et seq. and Section 2.22 of
the Eagle County Land Use Regulations, 1982 as amended (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 easement
located entirely within the County of Eagle; and
WHEREAS pursuant to Petition submitted by Jerry W. Mullikin,
David Plath and Gary* Plath (hereinafter referred to as
"Petitioner "), the Board was asked to vacate a portion of Eagle
County Road No. 35 commonly referred to as Bellyache Ridge Road,
County of Eagle, State of Colorado; and
WHEREAS, notice of public hearings before the Eagle and
Colorado Valley Planning.Commission and the Board to consider the
proposed vacation of the subject public right -of -way was duly
published in the Eagle Valley Enterprise and
WHEREAS, at its regular meeting of March 16, 1994, the Eagle
and Colorado Valley Planning Commission recommended approval of the
vacation of-the subject public right -of -way; and
WHEREAS, at a public hearing held May 3, 1994, the Board
determined that the public right -of -way 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
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.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD 'OF COUNTY
COMMISSIONERS 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 tights it may have in the public right -of -way described in
this Resolution and the attached Exhibi A.
C�
�a ail
THAT, pursuant to Section 2.22 (10) , 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 right -of -way, in favor of the present owners of the
properties lying adjacent to the right -of -way being vacated hereby.
THAT, the aforesaid vacation of the right -of -way 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 AND ADOPTED by the Board of County Commissioners of
the County of Eagle, Stat of Colorado, at its regular meeting held
the day of _ ,r , 1995.
ATTEST:
V I
lerk to the Board of
County Commissioners
COUNTY OF EAGLE, STATE OF
COLORADO, By and Through Its
BOARD OF COUNTY COMMISSIONERS
By
Johnnette Phlll - tps, /
Commissioner
George . Gates,
Commissioner
r
Commissioner c am , ) seconded adoption of the fore-
going resolution. Thy roll having been called, the vote was as
follows:
Commissioner Gates
Commissioner Phillips _
Commissioner Johnson
This Resolution passed by vote of the Board of
County Commissioners of the County of Eagle, State of Colorado.
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FEB. 02 '95 0101 C� `
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LEGAL DESCRIPTION
A parcel of land in Sections 22 and 27, T. 4 S., R. 83 W., 6th P.M., Eagle
County, Colorado, said parcel being the easterly tan feet of the Bellyache
Ridge Road from its intersection with Arrow Court, and continuing southerly
along the westerly boundaries of Parcels 20, 21 and 22 to the southwesterly
corner of said Parcel 22, all according to the Land Survey Plat of Parcels
17, 20, 21 22, A -1, 8 -1, C 3 D, WOLCOTT SPRINGS PARCELS as recorded in Book
567 At Page 825 of the Eagle County records.
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