HomeMy WebLinkAboutR23-019 Public Way Vacation for Ridge Road and North Ridge Road File No. G-009268-2022 DocuSign Envelope ID:B990A4F5-4BA7-4D2D-9689-F4DFC7B0113B
Commissioner McQueeney moved
adoption of the following Resolution:
BOARD OF EAGLE COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 2023- 019
APPROVAL OF THE PUBLIC WAY VACATION FOR THE RIDGE ROAD AND
NORTH RIDGE ROAD RIGHT-OF-WAY VACATION
Eagle County File No. G-009268-2022
WHEREAS,on or about June 15, 2022,the County of Eagle, State of Colorado,
accepted for filing Eagle County File No. G-009268-2022, (the "Application") submitted by
Greg Perkins (the "Applicant") on behalf of Robyn Eck and James Brickman("Owners")
seeking a Public Way and Easement Vacation for 385 Ridge Road and 689 Ridge Road
(collectively,the"Property")to vacate the public rights-of-way for Ridge Road and North Ridge
Road across the Property; and
WHEREAS,Ridge Road and North Ridge Road were dedicated through the approval of
the Tenderwild Subdivision as recorded at Eagle County Reception Number 116618. The
Tenderwild Subdivision was partially vacated as described in the Tenderwild Plat Partial
Vacation as recorded at Eagle County Reception Number 119843. The partial vacation excepted
the road rights-of-way which had been accepted by the Eagle County, and the rights-of-way for
Ridge Road and North Ridge Road remained public roads; and
WHEREAS,the rights-of-way to be vacated are described in the attached exhibits set
forth in Exhibit A-Property Description; and
WHEREAS,the rights-of-way to be vacated are located solely within unincorporated
Eagle County and not within any other city, town, or county; and
WHEREAS,pursuant to C.R.S. § 43-2-303(1)(b) and C.R.S. § 43-2-303(2)(a), the
Board of County Commissioners for the County of Eagle, State of Colorado (the"Board"), may
pass a resolution to vacate any platted or deeded public right-of-way solely within its jurisdiction
so long as the vacation does not leave any land adjoining the right-of-way without access to
another established public road; and
WHEREAS, Section 5-2200 of the Eagle County Land Use Regulations (the"ECLUR")
titled"Public Way and Easement Vacations"further establishes the process for the Board to
vacate public rights-of-way; and
WHEREAS, in accordance with ECLUR Section 5-210.E -Notice of Public Hearings
and ECLUR Section 5-2200.C.4 -Public Notification, notice of the Application was mailed to all
owners of property adjacent to the Property concerning the subject matter of the application and
1
Eagle County, CO 202303879
Regina O'Brien 04/11/2023
Pgs: 8 03:08:37 PM
REC: $0.00
DOC: $0.00
DocuSign Envelope ID:B990A4F5-4BA7-4D2D-9689-F4DFC7B0113B
setting forth the dates and times of meetings for consideration of the application by Eagle County
Planning Commission no less than fifteen calendar days prior to the hearing; and notice was
posted at the Property; and notice in the newspaper was published on November 17, 2022; and
WHEREAS, at its public hearing held on December 7, 2022,the Eagle County Planning
Commission considered the Application and submitted its recommendation of approval with one
condition to the Board; and
WHEREAS, in accordance with ECLUR Section 5-210.E -Notice of Public Hearings
and ECLUR Section 5-2200.C.4 -Public Notification,notice of the Application was mailed to all
owners of property adjacent to the Property concerning the subject matter of the application and
setting forth the dates and times of meetings for consideration of the application by the Board no
less than fifteen calendar days prior to the hearing; and notice was posted at the Property; and
notice in the newspaper was published on December 22, 2022; and
WHEREAS, at its public hearing held on January 24, 2023,the Board considered the
Application, the associated plans, documents, and studies; the statements and concerns of the
Applicant; the statements of Eagle County Community Development and Engineering staff; and
the statements of other interested persons, including the members of the public; and
WHEREAS,based on the evidence, testimony, and exhibits as well as comments of the
Eagle County Planning Department, Eagle County Engineering Department,public officials and
agencies, and comments from all interested parties,the Board approved the Application with one
condition by a vote of 3-0, and further finds as follows:
THAT, the Application complies with the requirements of C.R.S. § 42-303(1)(b), C.R.S.
§ 42-303(2)(a), and C.R.S. § 43-2-303(2)(b) and the requirements and standards set forth in
ECLUR Section 5-2200.0 -Procedure and ECLUR Section 5-2200.F -Standards as set forth
below:
1. Location. Consistent with C.R.S § 43-2-303(1)(b), the Property is located solely within
unincorporated Eagle County and not within the limits of any other city, town, or County.
2. Access to a Public Road. Pursuant to C.R.S. § 43-2-303(2)(a) and ECLUR Section 5-
2200.F.1,the Property has access to an established public road through reciprocal
easements between the owners allowing for access and maintenance of the driveway
across the Property. Beyond the access to Property, there was no need for access to
adjoining property identified through the review of the Application.
3. Easements. Pursuant to Section 5-2200.F.2, the Application demonstrated that no
easements were required for the public along the road rights-of-way. The reciprocal
easements between the Owners allows for utility installation and maintenance as needed
for the Property. Furthermore,the need for any further easements was alleviated through
condition 1, which allows emergency service and utility providers to continue accessing
2
DocuSign Envelope ID:B990A4F5-4BA7-4D2D-9689-F4DFC7B0113B
the Property. Condition 1 was agreed to by the Owners.No other need for easements was
identified.
4. Notice. Pursuant to C.R.S § 43-2-303(2)(b),notice of presentation of this Resolution was
mailed by first-class mail to the last known address of each landowner owning one (1)
acre or more of land adjacent to the vacated rights-of-way no later than ten(10)days
prior to adoption.
NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of
the County of Eagle, State of Colorado:
THAT,this application for a Public Way and Easement Vacation is hereby approved,
subject to the following condition agreed to by the Applicant:
1. If a gate is to be installed at the entrance to the subject properties where Ridge
Road currently enters the subject properties, the owners shall provide emergency
service providers with adequate access for emergencies and for utility installation
and maintenance.
THAT, the portions of Ridge Road and North Ridge Road depicted in Exhibit A are
hereby vacated and are no longer public rights-of-way;
THAT,the Board directs the Department of Community Development to provide a copy
of this Resolution to the Applicant; and
THAT,the Board hereby finds, determines and declares that this Resolution is necessary
for the health, safety, and welfare of the citizens of Eagle County.
[Remainder of page left intentionally blank]
3
DocuSign Envelope ID:B990A4F5-4BA7-4D2D-9689-F4DFC7B0113B
MOVED, READ AND ADOPTED by the Board of County Commissioners of the
County of Eagle, State of Colorado, on this l l th day of April, 2023, nunc pro tunc January 24,
2023.
c---- DocuSigned by:
0e3a COUNTY OF EAGLE, STATE OF
COLORADO, By and Through Its
co... BOARD OF COUNTY COMMISSIONERS
ATTEST:
DocuSigned by:
DocuSigned by: rirr . -
Cler
By:1S 2Bti 1 Kathy Chandler-Henry
Chair
145 t*".4-1 1 ,
Matt Scherr
Commissioner
rDocuSigned by: LQ,....ta
l CMAC1201-0AA47A...
Jeanne McQueeney
Commissioner
Commissioner chandler-Henry seconded adoption of the foregoing resolution. The roll
having been called, the vote was as follows:
Commissioner Chandler-Henry Aye
Commissioner Scherr Absent
Commissioner McQueeney Aye
This resolution passed by 2/0 vote of the Board of County Commissioners of
the County of Eagle, State of Colorado
4
DocuSign Envelope ID:B990A4F5-4BA7-4D2D-9689-F4DFC7B0113B
Exhibit A
5
DocuSign Envelope ID:B990A4F5-4BA7.4D2D-9689-F4DFC7B0113B
(VACATE ROW - LOT 10.1, NEW YORK MOUNTAIN PROJECT)
(EAGLE COUNTY ROAD NO. CC3 AND CC4)
PROPERTY DESCRIPTION
A part of a sixty foot wide Ridge Road and North Ridge Road Right-of-Way to be
vacated, lying within Lot 10.1, A Resubdivision of Lot 10, New York Mountain
Project, according to the map thereof recorded at Reception No. 319844 in the office
of the Eagle County, Colorado, Clerk and Recorder, said sixty foot wide strip lying thirty
feet on each side of the following described centerline:
RIDGE ROAD RIGHT OF WAY
Beginning at a point on the intersection of the easterly line of said Lot 10.1 and the
centerline of said Ridge Road, whence the southeast corner of said Lot 10.1, also being
the common corner of Sections 19/20/29/30, bears SO4'10'53"E 181.99 feet; thence
the following three courses along the centerline of said Ridge Road Right-of-Way: 1)
N38'06'38"W 355.20 feet; 2) 487.83 feet along the arc of a curve to the right, having
a radius of 2118.24 feet, a central angle of 13'11'43", and a chord that bears
N31'30'47"W 486.76 feet; 3) N24'54'55"W 459.91 feet to the northerly line of
said Lot 10.1, also being the point of terminus, whence the northeast corner of said Lot
10.1 bears 587'54'34"E 588.08 feet.
The sidelines of the above strip are lengthened or shortened to terminate at the northerly
and easterly lines said Lot 10.1.
AND
NORTH RIDGE ROAD RIGHT OF WAY
Beginning at a point on the easterly property line of said Lot 10.1 whence the southeast
corner of said Lot 10.1, also being the common corner of Sections 19/20/29/30, bears
SO4'10'53"E 780.85 feet, thence the following nine courses along the southerly,
westerly, northerly, and easterly lines of North Ridge Road Right-of-Way: 1)
S85'49 07"W 70.00 feet; 2) N16'52'20"W 171.23 feet; 3) 198.85 feet along the
arc of a curve to the right, having a radius of 730.00 feet, a central angle of 15'
36'25", and a chord that bears N22'33'18"W 198.23 feet; 4) N14'45'06"W
163.75 feet to the northerly line of said Lot 10.1; 5) S87'5434"E 62.68 feet along
said northerly line; 6) departing said northerly line, S14'45'06E 145.58 feet; 7)
182.50 feet along the arc of a curve to the left, having a radius of 670.00 feet, a central
angle of 15'36'25", and a chord that bears 522'33'18"E 181.94 feet; 8)
S40'24'21"E 90.99 feet to the easterly line of said Lot 10.1; 9) SO4'10 53"E
120.12 feet along said easterly line to the Point of Beginning, containing 0.820 acres,
more or less.
" ----
St n NE 1/4 SE 1/4
lorau y2 BS. tey1 g
E,{a e ,, SECTION 19
Dit 9 2021 3" BRASS CAP
S 87'54'34" E SOUTH 1_/16 CORNER
• �0:�4, 1282.86 4.4A SECTION 19/20
jr_ t'� ••• ♦••♦
%4,2A. NOf?TH RIDGE ROAD ‘4'
!�A��, 60 ROW V.�•�•�
oo❖ :%2A SECTION 20
, .4 '•'•iO UNPLATTED
LOT 10.2 �'
V A**A,�• RIDGE ROAD \
60' ROW
A.
POB
��•:°+•i *❖Ki NORTH RIDGE
A , �Q!! ROAD
po•ps
S•: *A, (I)
0' 200' 400' 600' !s4�4.;4MIIII �� 0 W
IN" �!••••�••
LOT 10.1 �^
)A RESUBDIVISIO ••:;;:;:;
OF LOT 10
NEW YORK o4.;•4•;
MOUNTAIN PROJECT :,,•
00",•. POB
• -IDGE ROAD
3" BRASS CAP `,•�
JOB NO. 2348.2 SECTIONS 19/20/30/29 •�
EAGLE VALLEY SURVEYING, INC. 2348-2EXC
DocuSign Envelope ID:B990A4F5-4BA7-4D2D-9689-F4DFC780113B
(VACATE ROW — BRICKMAN)
(EAGLE COUNTY ROAD NO. CC3)
PROPERTY DESCRIPTION
A part of a sixty foot wide Ridge Road and North Ridge Road Right—of—Way to be
vacated, lying within the NE1/4 SE1/4 Section 19, Township 5 South, Range 82 West
of the Sixth Principal Meridian, Eagle County, Colorado, said sixty foot wide strip lying
thirty feet on each side of the following described centerline:
Beginning at a point on the intersection of the southerly line of said NE1/4 SE1/4 Section
19 and the centerline of said Ridge Road, whence the southeast corner of said NE1/4
SE1/4 Section 19 bears 587'54'34"E 588.09 feet, thence the following ten courses
along the centerline of said Ridge Road Right—of—Way: 1) N25'32'26"W 55.00 feet;
2) 139.73 feet along the arc of a curve to the left, having a radius of 909.28 feet, a central
angle of 8'48'16", and a chord that bears N29'56'34"W 139.59 feet; 3)
N34'20'41"W 237.95 feet; 4) 178.32 feet along the arc of a curve to the right, having
a radius of 813.52 feet, a central angle of 12'33'33", and a chord that bears
N28'03'54"W 177.97 feet; 5) 156.04 feet along the arc of a curve to the right, having
a radius of 59.89 feet, a central angle of 149'16'51", and a chord that bears
N52'51'17"E 115.50 feet; 6) 109.76 feet along the arc of a curve to the left, having a
radius of 677.26 feet, a central an91e of 917'08", and a chord that bears
S57'08'51"E 109.64 feet; 7) S61'34 34"E 115.59 feet; 8) 98.37 feet along the
arc of a curve to the right, having a radius of 223.09 feet, a central angle of
25'15'55", and a chord that bears S48'56'37"E 97.58 feet; 9) S3618'40"E
306.67 feet; 10) 98.73 feet along the arc of a curve to the left, having a radius of
124.42 feet, a central angle of 45'27'54", and a chord that bears S59'02'37"E 96.16 feet
to the point of terminus on the west Right—Of—Way line of North Ridge Road, whence said
southeast corner of NE1/4 SE1/4 Section 19 bears S63'02'59"E 309.16 feet.
F,r
°;tan eld
lora P.L.S. 5a8 "
33 26598 6
/
?VAL LAW, .,
• „v, .,
NE 1/4 SE 1/4 SEC 19
••.O.44 \
0•♦O • i,
\44, •� �!% •• . \NO�tTH RIDGE LOAD
♦•e... .•o�•• /7 ROW
'�:;•\ 41 SECTION 20
♦•�•�••• RIDGE ROAD �i!��% U N P LATTED
•
WA RIDGE
60' ROW \
!•�pQ! FND 3" BRASS CAP
SE 1/16
POB S 87'54'34" E — 1282.86 SECTIONS 19/20
LOT 10.1
A RESUBDIVISION
OF LOT 10 0' 200' 400' 600'
NEW YORK N
MOUNTAIN PROJECT
41199 HIGHWAY 6&24,EAGLE-VAIL
P.O.BOX 1230
EDWARDS,CO. 81632 2348-2EXD
(970)949-1406 JOB NO. 2348.2
DocuSign Envelope ID:B990A4F5-4BA7-4D2D-9689-F4DFC7B0113B
AND
(EAGLE COUNTY ROAD NO. CC4)
PROPERTY DESCRIPTION
A part of a sixty foot wide North Ridge Road Right—of—Way to be vacated,
lying within the NE1/4 SE1/4 Section 19, Township 5 South, Range 82 West of
the Sixth Principal Meridian, Eagle County, Colorado, said sixty foot wide strip
lying thirty feet on each side of the following described centerline:
Beginning at a point on the intersection of the southerly line of said NE1/4 SE1/4 Section
19 and the centerline of said North Ridge Road, whence the southeast corner of said
NE1/4 SE1/4 Section 19 bears S87'54'34"E 174.64 feet, thence the following eight
courses along the centerline of said North Ridge Road Right—of—Way: 1) 83.99 feet along
the arc of a curve to the left, having a radius of 414.19 feet, a central angle of
11'37'07", and a chord that bears N23'53'31"W 83.85 feet;
2) N29'42'05"W 113.48 feet; 3) 106.13 feet along the arc of a curve to the right, having
a radius of 394.49 feet, a central angle of 15'24'54", and a chord that bears
N21'59'38"W 105.82 feet; 4) N14 '17'14"W 213.89 feet; 5) 126.85 feet along
the arc of a curve to the left, having a radius of 235.85 feet, a central angle of
30'48'59", and a chord that bears N29'41'44"W 125.33 feet;
6) N45'06'13"W 266.03 feet; 7) 119.30 feet along the arc of a curve to the right, having
a radius of 452.43 feet, a central angle of 15'06 31", and a chord that bears
N37'32'58"W 118.96 feet; 8) N29'59'42"W 224.04 feet to the center of a fifty foot
radius cul—de—sac, the point of terminus, whence said southeast corner of the
NE1/4 SE1/4 Section 19 bears S36'27'49"E 1332.92 feet.
The sidelines of the beginnings of the above strips are lengthened or shortened to
terminate at the south line of the NE1/4 SE1/4 Section 19.
L/ cr
n ' e dt — ----
��eeolor•1 P.L.S. 5-�8 4
: . t Ic ll48 ve ir.g,�r ..
t•441*, L� .— S/Zi/1022 4*,
cr.
ep
4i4.4 p"qL LAB ,„r.v
r4. w .m
0'..
1.4..4 I
.4.4}444
r��.
..44p4 I
.44,4s NE 1/4 SE 1/4
NORTH
0RROW ROAD ♦�i��44 4
.4.4.444
SEC 19
TO BE VACATED .4.44w
•
.4.1 k4.44 I
`i4.4
.4.4.4
\ \ 444•''44`
s
4444444
444i4.4.
.44A.44•
4 ,4♦%
4t4
•
44'444'44
\ . \ A A
\ 0'''' I
• \ 444,44
\ \ �. .
\ • '4'„
� 04D
\
' \ ♦444`j4444
• SECTION 20
UNPLATTED
4iii4 FND 3" BRASS CAP
4?:L? SE 1/16
S 87'54'34" E — 1282.86 POB SECTIONS 19/20
LOT 10.1
A RESUBDIVISION
OF LOT 10
NEW YORK 0' 200' 400' 600'
MOUNTAIN PROJECT
41199 HIGHWAY 6&24,EAGLE-VAIL
P.O.BOX 1230
EDWARDS,CO. 81632 2348-2EXM
(970)949-1406 JOB NO. 2348.2