HomeMy WebLinkAboutR90-118 vacation of public right of way for Brush Creek Road43952,', 'Li -543 G -376
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REC
DOC
JOhII ! iETTE GI- IILLIPS
EAGLE COUNTY CLERK,
COLORADO
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Commissioner ��� moved ad®pstion of
the following esoluti
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G.
RESOLUTION NO. 90- /1
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VACATION OF A PUBLIC RIGHT-OF-WAY
BRUSH CREEK ROAD, COUNTY OF EAGLE,
STATE OF COLORADO
WHEREAS, pursuant to 5 43 -2 -301, et sea., C.R.S., and 5 2.22
of the Eagle County Land Use Regulations, 1982, as amended, 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 easement located entirely within the County
of Eagle, State of Colorado; and
WHEREAS, Brush Creek Road is bounded by private property; and
WHEREAS, the County desires to abandon a portion of the current
right -of -way on Brush Creek Road as the present road is not located
in the right -of -way; and
WHEREAS, notice of the public hearings before the Eagle Countv
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 all affected governmental agencies, adjacent
property owners and public and private utilities were notified of
the proposed vacation; and
WHEREAS, the Board grants the vacation of a portion of a public
right -of -wav to Barbara Abrams and Al Abrams, as described in Exhibit
"A ", attached hereto and made a part hereof by this reference.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMIS-
SIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO:
THAT, the Board finds that the subject right -of -wav is located
entirely within the County of Eagle and is not within the limits
of anv city or town, and, further, that said right -of -wav is no
longer necessary as part of the County road system.
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W
THAT, upon the recording of this Resolution and the attached
Exhibit, the Board hereby divests, relinquishes and vacates any
and all rights it may have in the public right -of -way described in
the attached Exhibit "A ".
THAT, 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.
THAT, the Board finds, determines and declares that this
Resolution is necessary for the public health, safety and welfare
of the citizens of the County of Eagle, State of Colorado.
MOVED, READ AND ADOPTED by the Board of
of the County of Eagle, §tate of Colorado, at
held the 'day of 1990.
By:
County Commissioners
County Commissioners
its regular meeting
COUNTY OF EAGLE, STATE OF COLORADO,
By and Through Its BOARD OF COUNTY
COMMISSIONERS
By
Donald Welch, Chairman
4.39522 B -543 P --376 12/04/90 12 ®35 PG 2 OF 4
s
Commissioner seconded adoption of the
foregoing resolution. — T e roll having been called, the vote was
as follows:
Commissioner Donald H. Welch
Commissioner George A. Gates
Commissioner Richard L. Gustafson G "r
This Resolution passed by l�L�to.cil „avote of the Board of County
Commissioners of the County of Eagle, State of Colorado.
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LEGAL DESCRIPTION
A portion of Eagle County Road No. 307 (Brush Creek Road)
located in Tract No. 73, Section 24, TSS, R84W, of the 6th P.M.,
Eagle County Colorado, and being more particularly described as
follows:
Beginning at the S.E. Corner of Parcel "B" of the Amended Final
Plat of Seipel- Abrams Parcels; Thence N00006128 "W, 940.73 feet
to the N. E. Corner of said Parcel "B "; Thence East, 15.39 feet;
Thence 500005153 "E, 940.74 feet; Thence N 89058103 "W, 15.23 feet
to the Point of Beginning. Containing 0.331 acres
(14,403 sg.ft.)
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