HomeMy WebLinkAboutR91-111vacation of Hillcrest Drive in Aspen Junction SubdivisionJ
465677 4-56 y p_
557 121,26; 91 12:23 PG 1 OF 3 REC DOC
JOHNNETTE PHILLIPS EAGLE COUNTY CLERK, COLORADO 0.00 p_Cp
wL`. Commissioner L($T��SDW moved adoption
of the following Reso ution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 91
VACATION OF A PORTION OF A PUBLIC RIGHT -OF -WAY
COMMONLY REFERRED TO AS Hillcrest Drive, LOCATED
WITHIN ASPEN JUNCTION SUBDIVISION,
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 Ronald B. Liston of
Land Design Partnership, in his capacity as agent for Kathleen D.
Smith Realty Company (hereinafter referred to as "Petitioner ") , the
Board was asked to vacate a portion of a public right -of -way commonly
referred to as Hillcrest Drive, located within Aspen Junction
Subdivision, in Eagle County; and
WHEREAS, notice of public hearings before the Roaring Fork 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 in the Roaring Fork Valley Journal; and
WHEREAS, at its regular meeting of February 7, 1991, the Roaring
Fork Vallev Planning Commission recommended approval of the vacation
of the subject public right -of -way; and
WHEREAS, at a public hearing held March 26, 1991, 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 rights it may have in the public right -of -way described 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, a
Quit Claim Deed divesting the County of any interest it may have
in the subject public right -of -way, in favor of the Kathleen D. Smith
Realty Company, which is the present owner 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 anv 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, State of Colorado, at its regular meeting
held the day of December, 1991, nune pro tune March 21,
1991.
ATTEST:
COUNTY OF EAGLE, STATE OF COLORADO,
By and Through Its BOARD OF COUNTY
COMMISSIONERS
By: By:
71erk to the Board 6f
unty Commissioners
Dona. H. Welch, Commissioner
Commissioner �') 't4 al') seconded adoption of
the foregoing resolution. The roll havina been called, the vote
was as follows:
Commissioner George A. Gates A'� -0--
Commissioner Richard L. Gustafson �} 12,
Commissioner Donald H. Welch1s�
This Resolution passed by qA) -PW! i"q3 vote of the Board of County
Commissioners of the County of Eagle, State of Colorado.
#89 -39 -sub
-2-
465677 B-569 P-557 12,.'26/91 12.23 PG 2 OF 3
ca
is
3
A PARCEL OF LAND BEING A PORTION OF "REVISED PLAT OF LOTS 3, 4, 5,
6, 7, 26, 27 AND 28, BLOCK 2 OF ASPEN JUNCTION SUBDIVISION,
SITUATED IN TRACTS 51, 59 AND 60 OF SECTIONS 11 AND 12 AND IN LOTS
13 AND 25 OF SECTION 12, TOWNSHIP 8 SOUTH, RANGE 87 WEST OF THE
6TH PRINCIPAL MERIDIAN, COUNTY OF EAGLE, STATE OF COLORADO" AND
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST NORTHERLY CORNER OF LOT 4, BLOCK 3 OF SAID
SUBDIVISION; THENCE N 67 °16'04" E A DISTANCE OF 25.00 FEET; THENCE
ALONG THE ARC OF A CURVE BEING CONCAVE TO THE NORTHEAST A DISTANCE
OF 79.91 FEET, SAID CORNER HAVING A RADIUS OF 361.36 FEET, A
CENTRAL ANGLE OF 12 040'12 ", THE CHORD OF WHICH BEARS S 29 004'03" E
A DISTANCE OF 79.75 FEET; THENCE S 54 °35'51" W A DISTANCE OF 25.00
FEET; THENCE ALONG THE ARC OF A CURVE BEING CONCAVE TO THE
NORTHEAST A DISTANCE OF 85.44 FEET, SAID CURVE HAVING A RADIUS OF
386.36 FEET, A CENTRAL ANGLE OF 12 040'12 ", THE CHORD OF WHICH
BEARS N 29 004'03" W A DISTANCE OF 85.26 FEET TO THE POINT OF
BEGINNING, DESCRIBED PARCEL CONTAINING 0.047 ACRES, MORE OR LESS.
465677 5 -569 F -557 12, ✓26,:'91 12:23 PG J OF J
EXHIBIT "A"
Vacation of a Portion
of Hillcrest Drive
90067.001
12 -03 -90
i