HomeMy WebLinkAboutR96-154 vacation of public right of way to The Bachelor Gulch AccessCommissioner moved adoption
of the following Resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 96 - ~~
~~ VACATION OF PUBLIC RIGHTS-OF-WAY
COMMONLY REFERRED TO AS
THE BACHELOR GULCH ACCESS
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 Vail/Arrowhead,
Inc., (hereinafter referred to as "Petitioner"), the Board was
asked to vacate certain rights-of-way commonly referred to as
Bachelor Gulch Access, County of Eagle, State of Colorado; and
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Wt~REAS, notice of public hearings before the Eagle and Colorado
Valley Planning Commission and the Board to consider the proposed
vacation of the subject public rights-of-way was duly published
in the Eagle Vallex Enterprise; and
WHEREAS, at its regular meeting of July 15, 1995, the Planning
Commission recommended approval of the vacation of the subject
public rights-of-way on the condition that public pedestrian access
to Bachelor Gulch shall be provided via Daybreak Ridge and Bachelor
Gulch Trail; and
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WHEREAS, at a public hearing held February 9, 1996, the Board
determined that the public rights-of-way described in Exhibit
A and Exhibit B, attached hereto and incorporated herein by this
reference lie 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 in accordance with all
applicable state and local laws, 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 and Exhibit B, the Board hereby divests, relinquishes
and vacates any and all rights it may have in the public rights-of-
way described in this Resolution and the attached Exhibits.
THAT, the final plat for Lower Bachelor Gulch was recorded
on June 19, 1996 at Book 697 and Page 746 in the office of the
Eagle County Clerk and Recorder and that public pedestrian access
to Bachelor Gulch shall be provided via Daybreak Ridge and Bachelor
Gulch Trail.
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 rights-of-way, in favor of the present owners
of the properties lying adjacent to the rights-of-way being vacated
hereby.
THAT, the aforesaid vacation of the rights-of-way described
in Exhibit A and Exhibit B shall not be construed as affecting
in any way whatsoever any and all existing recorded easements
necessary for utilities or other public services.
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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 the ° day of November, 1996.
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~~ ~ '~,~ COUNTY OF EAGLE STATE OF
,„s, ;;...;. ~
;~ ~ ~ ,~ COLORADO , By and Through I t s
ATTEST : ~,,,~~~~ BOARD OF COUNTY COMMISSIONERS
. ~~s~.~~
By:
Clerk to the oard of George Gates, Chairman
County Commissioners
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;Johnnette Phillips,
Commissioner
~Jt']1~
James E. Johnson, Jr.,
Commissioner
Commissioner ~(~ seconded adoption of the fore-
going resolution. The roll having been called, the vote was as
follows:
Commissioner Gates ~1a,P
Commissioner Phillips C~
Commissioner Johnson ?
This Resolution passed by ~ -[~ vote of the Board
of County Commissioners of the County of Eagle, State of Colorado.
File No. 83-152
mta\c-dev\row\bachelor.vac
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EXHIBIT A
LEGAL DESCRIPTION
Between J. C. Neely and Mabel C. Neely
and County of Eagle. State of Colorado
All that portion of the North half of the Southeast
quarter (N~ of SE's) of Section Eleven (11) in
Township Five (5) South, Range Eighty - two (82)
West of the Sixth (6th) Principal Meridian,
embraced within the boundaries of a right of way
Forty (40) feet in width and lying Twenty (20) feet
on each side of a center line described as follows,
to-wit: Beginning at a point on the South boundary
of the Northwest quarter of the Southeast quarter
(NW1/, of SE1/,) of said Section Eleven (11) whence the
South quarter corner of said Section Eleven (il)
lies South 33°27' West 1582.00 feet; thence North
36°15' East 35.17 feet; thence North 29°00' East
263.92 feet; thence North 44°30' East 269.93 feet;
thence North 44°0' East 111.45 feet; thence North
36°30' East 109.46 feet; thence North 53°45' East
120.67 feet; thence North 70°30' East 226.57 feet;
thence North 88°50' East 158.94 feet; thence North
62°00' East 147.12 feet; thence North 23°50' East
410.44 feet; thence North 67°00' East 226.57 feet;
thence South 88°00' East 317.65 feet to the East
boundary of said Section Eleven (11), whence the
East quarter corner of said Section Eleven (11)
lies North 12.20 feet. Said strip or parcel of
land hereby conveyed contains an area of 2.10
acres.
Together with all and singular the appurtenances
and privileges thereunto belonging or in anywise
appertaining.
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Exhibit A
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EXHIBIT A
LEGAL DESCRIPTION
Between R. F. Rodgers and County of Eactle. State of Colorado
All that portion of the Southwest quarter of the
Southeast quarter (SW1/ of SE1/,) of Section Eleven
(11), in Township Five (5) South, Range Eighty-two
(82) West of the Sixth (6th) Principal Meridian,
embraced within the boundaries of a right of way
Forty (40) feet in width and extending Twenty (20)
feet right angle measure on each side of a center
line described as follows, to-wit: Beginning at a
point on the West boundary of the Southwest quarter
of the Southeast quarter ( SW1/, of SE1~) of said
Section Eleven (11) whence the South quarter corner
of said Section Eleven (11) lies South 00°00' 786.44
feet; thence North 82°00' East 185.77 feet; thence
North 62°10' East 323.01 feet; thence North 52°00'
East 436.56 feet; thence North 36°15' East 108.12
feet to a point on the North boundary of the
Southwest quarter of the Southeast quarter (SW~ of
SE1/) of said Section Eleven (11) , from which point
the South quarter corner of said Section Eleven
(il) lies South 33°27' West 1582.00 feet. Said
strip or parcel of land hereby conveyed contains an
area of .967 acre.
Together with all and singular the appurtenances
and privileges thereunto belonging or in anywise
appertaining.
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Exhibit A
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EXHIBIT A
Between Polk SheeB Company and County of Eagle, State of Colorado
All that portion of the Southeast quarter of the
Southwest quarter (SE1/ of SW1/) of Section Eleven
(11) in Township Five (5) South, Range Eighty-two
(82) West of the Sixth (6th) Principal Meridian,
embraced within the boundaries of a right of way
forty (40) feet in width and extending Twenty (20)
feet right angle measure on each side of a center
line described as follows, to-wit: Beginning at a
point on the South boundary of the Southeast
quarter of the Southwest quarter (SE1/ of SW%) of
said Section Eleven (11) whence the quarter corner
on the South boundary of said Section Eleven (11)
lies East 328.30 feet; thence North 33° 30' East
18.14 feet; thence North 27° 00' West 169.06 feet;
thence North 06° 00' West 306.09 feet; thence North
38°30' East 11. 93 feet; thence North 55° 00' East
366.02 feet; thence North 82° 00' East 57.62 feet to
the East boundary of the Southeast quarter of the
Southwest quarter (SE1/ of SWl/) of said Section
Eleven (11), from which point the quarter corner on
the South boundary of said Section Eleven (11) lies
-- - South 786.44 feet. Said strip or parcel of land
hereby conveyed contains an area of 0.952 acre.
Together with all and singular the appurtenances
and privileges thereunto belonging or in anywise
appertaining.
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~:xnibit A
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EXHIBIT A
LEGAL DESCRIPTION
Between J. K. Mahoney and County of Eagle. State of Colorado
A strip or parcel of land in the Northwest quarter
of the Northeast quarter (NW1/ of NEl/) of Section
Fourteen (14) in Township Five (5) South, Range
Eighty-two (82) West of the Sixth (6th) Principal
Meridian, more particularly described by metes and
bounds, as follows, to-wit:
Beginning at a point on the West boundary of the
Northwest quarter of the Northeast quarter (NW% of
NE1/,) of said Section Fourteen (14), whence the
North quarter corner of said Section Fourteen (14)
lies North 00°00' 403 feet; thence south 00°00'
along said boundary, 558.46 feet; thence North
48°00' East 36.22 feet; thence North 00°00' 491.46
feet; thence North 28°30' West 48.93 feet to point
of beginning. Said strip or parcel of land hereby
conveyed contains an area of .241 acre. Together
with all and singular the appurtenances and
privileges thereunto belonging or in anywise
appertaining.
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Exhibit A
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EXHIBIT A
Between E. V. Rodgers and Mamie Rodgers
and County of Eaale. State of Colorado
All that portion of the East half of the Northwest
quarter (E'~ of NWT) of Section Fourteen (14) in
Township Five (5) South, Range Eighty-two (82) West
of the Sixth (6th) Principal Meridian, emb raced
within the boundaries of a right of way Forty (40)
feet in width and extending Twenty (20) feet right
angle measure on each side of a center line
described as follows, to-wit: Beginning at a point
on the South boundary of the Northwest qu arter
(NWT) of said Section Fourteen (14) whence the
quarter corner in the center of said Se ction
Fourteen (14) lies East 271.24 feet; thence North
12° 10' East 125.20 feet; thence North 24°30' East _
128.65 feet; thence South 37° 00' East 96.98 feet;
thence South 88°30' East 57.41 feet; thence North
06°40' West 191.20 feet; thence North 07°45' East
225.69 feet; thence North 11°00' West 142.42 feet;
thence North 11° 40' West 41.74 feet; thence North
56°30' West 54.09 feet; thence North 68°20' West
51.75 feet; thence North 69°20' West 66.68 feet;
-- - thence North 80°00' West 66.09 feet; thence North
50°00' West 25.00 feet; thence North 28°00' East
226.27 feet; thence North O1°00' East 129.19 feet;
thence North 33°45' West 59.63 feet; thence North
36°00' West 51.68 feet; thence North 52°30' East
77.52 feet; thence North 10°30' East 51.68 feet; 4
thence North 02°30' West 79.50 feet; thence North e^°I
24°00' East 65.59 feet; thence North 36°30' East
79.50 feet; thence North 57°00' East 49.75 feet;
thence North 55°00' East 94.53 feet; thence North
00°00' 199.62 feet; thence North 00°00' 291.84 feet;
thence North 28°30' West 149.07 feet; thence North
74°00' West 118.30 feet; thence South 76°45' West
127.20 feet; thence North 56°00' West 176.88 feet;
thence North 28°15' East 185.00 feet; thence North
33°30' East 63.32 feet to a point on the North
IIIIIIIIIIIIIIII111111111111111111111111111111111111111 608342 '~ibit A
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boundary of said Section Fourteen (14) from which
point the North quarter corner of said ,Section
Fourteen (14) lies East 728,30 feet. Said strip or
parcel of land hereby conveyed contains an area of
3.31 acres.
Together with all and singular the appurtenances
and privileges thereunto belonging or in anywise
appertaining.
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Exhibit A
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