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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 e-1 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 ~ ~~~~~~ ~~~~~ ~~~~~~ ~~~~~ ~~~~ ~~~~~~~ ~~~~~ ~~~ ~~~~~ ~~~~ ~~~~ 608342 Page: 1 of 17 11/26/1996 10:43A BK 712 PG 365 370 REC 0.00 DOC 0.00 NOT 0.00 Eagle County Clerk 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. ~ ~~~~~~ ~~~~~ ~~~~~~ ~~~~~ ~~~~ ~~~~~~~ ~~~~~ ~~~ ~~~~~ ~~~~ ~~~~ 60834217 - 2 - 11/26/1996 10:43A BK 712 PG 363 370 REC 0.00 DOC 0.00 NOT 0.00 Eagle County Clerk ei 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. ~ ~~~~~` ~ ~~ ~ '~,~ 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 ~ ~ ~ ~ _~ ;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 -3- ll'~ e-i V I IIIIII VIII IIIIII VIII IIII IIIIIII VIII III VIII IIII IIII 608342 17 11/26/1996 10:43A BK 712 PG 36°5 370 REC 0.00 DOC 0.00 NOT 0.00 Eagle County Clerk 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. ~ ~~~~~~ ~~~~~ ~~~~~~ ~~~~~ ~~~~ ~~~~~~~ ~~~~~ ~~~ ~~~~~ ~~~~ ~~~~ 608342 11/26/1996 10:43A BK 712 PG 365 370age. 4 of 17 REC 0.00 DOC 0.00 NOT 0.00 Eagle County Clerk e-1 Exhibit A 165680.1 WHB 09/20/96 10:54 am Page 1 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. ~ ~~~~~~ ~~~~~ ~~~~~~ ~~~~~ ~~~~ ~~~~~~~ ~~~~~ ~~~ ~~~~~ ~~~~ ~~~~ 608342 11/26/1996 10:43A BK 712 PG 365 370age: 5 of 17 REC 0.00 DOC 0.00 NOT 0.00 Eagle County Clerk e-1 Exhibit A i~s6eo. i wee osnoi~ io:sa ~ Page 2 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. ~ ~~~~~~ ~~~~~ ~~~~~~ ~~~~~ ~~~~ ~~~~~~~ ~~~~~ ~~~ ~~~~~ ~~~~ ~~~~ 608342 11/26/1996 10:43A BK 712 PG 365 370age. 6 of 17 REC 0.00 DOC 0.00 NOT 0.00 Eagle County Clerk ~:xnibit A 165680.1 WHB09/20/9610:54.m Page 3 eel ~_ C 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. e~ ei T ~~ C ~ ~~~~~~ ~~~~~ ~~~~~~ ~~~~~ ~~~~ ~~~~~~~ ~~~~~ ~~~ ~~~~~ ~~~~ ~~~~ 608342 Page: 7 of 17 11/26/1996 10:43A BK 712 PG 365 370 REC 0.00 DOC 0.00 NOT 0.00 Eagle County Clerk Exhibit A iss6ao. ~ wHa o9noi~ Cosa ~ Page 4 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 11/26/1996 10:43A BK 712 PG 363 370age: 8 of 17 age 5 REC 0.00 DOC 0.00 NOT 0.00 Eagle County Clerk 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. ~i ,~. C ~ ~~~~~~ ~~~~~ ~~~~~~ ~~~~~ ~~~~ ~~~~~~~ ~~~~~ ~~~ ~~~~~ ~~~~ ~~~) 608342 11/26/1996 10:43A BK 712 PG 36!5 370age: 9 of 17 REC 0.00 DOC 0.00 NOT 0.00 Eagle County Clerk Exhibit A ~6sbeo.~ wea i~nii9s u:s~ ~, Page 6