HomeMy WebLinkAboutR91-105 vacation of Amherst Road, Wesleyan Road, Harvard Court and Access Road -Hardscrable Creek Subdivision465526 B -565 F -406 12,,,23,191 12:31 PG 1 OF 4 REC. DOC
JOHNNETTE PHILLIPS EAGLE COUNTY CLERK, COLORADO 0,00 0.00
Commissioner moved adoption
of the following Resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 92 - / 0,c
VACATION OF PUBLIC RIGHTS -OF -WAY COMMONLY REFERRED TO AS
Amherst Road, Wesleyan Road, Harvard Court, and Access Road,
HAP.DSCRABBLE CREEK SUBDIVISION, EAGLE COUNTY, 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 First Bank of Eagle
County, Keith Brent, Stephen Canges, E. Michael Canges, and R. D.
Sauer, for himself and on behalf of Ralph J. Anderson, Ralph H.
Congdon, W. R. Whitmore, and M. E. Collentine, (hereinafter referred
to as "Petitioners ") , the Board was asked to vacate certain platted
rights-of-way lying wholly within the unincorporated territory of
Eagle County, namely Amherst Road, Wesleyan Road, Harvard Court,
and Access Road, located within Hardscrabble Creek Subdivision as
recorded in Book 328 at Page 951 of the Eagle County Records; 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 October 2, 1991, the Eagle
and Colorado Valley Planning Commission recommended approval of the
vacation of the subject public rights -of -way; and
WHEREAS, at a public hearing held November 12, 1991, the Board
determined that the public rights -of -way shown in Exhibit A 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, 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:
a.
THAT, the Board finds that Petitioners desire that the said
rights -of -way be vacated in order that Lots 1 through 20 of
Hardscrabble Creek Subdivision may be re- platted under the name of
Coyote Subdivision. The map of Coyote Subdivision is recorded in
Book 568, Page 396, Reception No. 464517, in the records of the
Eagle County Clerk and Recorder.
THAT, none of the subject rights -of -way have been improved,
or accepted for maintenance by the Board.
THAT, none of the property owners adjacent to Hardscrabble Creek
Subdivision will lose access to their properties by reason of the
subject vacations.
THAT, upon the recording of this Resolution and the attached
Exhibit A, the Board hereby divests, relinquishes and vacates anv
and all rights it may have in the public rights -of -way describes
in this Resolution and the attached Exhibit.
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 rights -of -way, in favor of the owners of the property
lying withinthe boundaries of Hardscrabble Creek Subdivision adjacent
to the rights -of -way being vacated hereby.
THAT, the aforesaid vacation of these rights -of -way shall not
be construed as affecting in anyway whatsoever anv 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 ,g f Eagle, State of Colorado, at its regular meeting
held the day of December, 1991, nunc pro tunc November 12,
1991.
COUNTY OF EAGLE, STATE OF COLORADO,
By and Through Its BOARD OF COUNTY
ATTEST: COMMISSIONERS
By. rBy.
erk to the Bbard of
County Commissioners
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THAT, the Board finds that Petitioners desire that the said
rights -of -way be vacated in order that Lots 1 through 20 of
Hardscrabble Creek Subdivision may be re- platted under the name of
Coyote Subdivision. The map of Coyote Subdivision is recorded in
Book 568, Page 396, Reception No. 464517, in the records of the
Eagle County Clerk and Recorder.
THAT, none of the subject rights -of -way have been improved,
or accepted for maintenance by the Board.
THAT, none of the property owners adjacent to Hardscrabble Creek
Subdivision will lose access to their properties by reason of the
subject vacations.
THAT, upon the recording of this Resolution and the attached
Exhibit A, the Board hereby divests, relinquishes and vacates anv
and all rights it may have in the public rights -of -way describes
in this Resolution and the attached Exhibit.
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 rights -of -way, in favor of the owners of the property
lying withinthe boundaries of Hardscrabble Creek Subdivision adjacent
to the rights -of -way being vacated hereby.
THAT, the aforesaid vacation of these rights -of -way shall not
be construed as affecting in anyway whatsoever anv 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 ,g f Eagle, State of Colorado, at its regular meeting
held the day of December, 1991, nunc pro tunc November 12,
1991.
COUNTY OF EAGLE, STATE OF COLORADO,
By and Through Its BOARD OF COUNTY
ATTEST: COMMISSIONERS
By. rBy.
erk to the Bbard of
County Commissioners
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Commissioner � G( 5% z�% 0 seconded adoption of
the foregoing resolution. The roll having been called, the vote
was as follows:
Commissioner
George A.
Gates}
Commissioner
Richard L.
Gustafson
Commissioner
Donald H.
Welch
_
This Resolution passed by A -&- O vote of the Board of County
Commissioners of the County of Eagle, State of Colorado.
465526 B -569 P -406 12,:23,x'91 12:.51 PC, 3 OF 4
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EXHIBIT A