The URL can be used to link to this page

Home My WebLink AboutR88-010 Blue Creek Ranch Releaser• 0 0 Commissioner e: moved adoption of the following Resolution: 7' BOARD OF COUNTY COMMISSIONERS 6004L•-� nxc 6. ..,........, COUNTY OF EAGLE, STATE OF COLORADO .1 H P4 4 T T E PHILLIPS RESOLUTION NO. 8'8 -� JA' N 19 423 FM '88 RESOLUTION VACATING PLAT, PUBLIC RIGHTS -OF -WAY AND EASEMENTS OF BLUE CREEK RANCH A Subdivision Located in Sections 14, 15, 22, 23 and 26, Township 7 South, Range 87 West of the Sixth P.M., Eagle County, Colorado AND AUTHORIZING THE RELEASE OF A CERTAIN DEED OF TRUST N CM r4 15, WHEREAS, certain property located in Sections 14, 22, 23 and 26, Township 7 South, Range 87 West of the Sixth P.M., in Eagle County, Colorado (hereinafter the "Property "), was platted and subdivided into lots and blocks and designated Blue Creek Ranch by the Final Plat of Blue Creek Ranch dated January 23, 1981, said Final Plat having been approved by the Board of Commissioners of Eagle County, Colorado, on April 29, 1981, and filed for record in the Office of the Clerk & Recorder of Eagle County, Colorado, as Reception No. 218715 in Book 322 at Page 348 on April 29, 1981 (hereinafter "Final Plat "); and WHEREAS, as a condition of Final Plat approval, the Board of County Commissioners of Eagle County, Colorado ( "Board ") and William M. Hignett ( "Subdivider "), on April 29, 1981, entered into on -site and off -site subdivision improvements agreements (collectively referred to as the "Agreements "), which Agreements were subsequently modified; and WHEREAS, to secure his performance under the Agreement, the Subdivider executed a promissory note to the Board dated April 29, 1981 for the sum of $680,500 (the "Note "), secured by a Mortgage Deed of even date, which was recorded in Book 322 at Page 350, Reception No. 218717 in the office of the Eagle County Clerk & Recorder; and WHEREAS, the Property has been conveyed to First Interstate Bank of Denver, N.A. (hereinafter the "Bank "), and the Bank desires to convey the Property to third persons who do not want the Property platted and subdivided and desire to have the Final Plat and associated Agreements vacated; and r• WHEREAS, there are shown on the Final Plat certain Streets, Avenues, Drives, Courts, Places and Alleys which were dedicated to public use, certain areas designated open space, and easements for drainage and utility purposes, and easements denoted "BLM Access Easement ", "Equestrian Easement ", "Private Access Easement ", and "Irrigation Easement "; and WHEREAS, in addition to requesting vacation of the Final Plat and the Agreement, the Bank has petitioned the Board for vacation of all public ways and easements lying within the boundaries of the Blue Creek Ranch Subdivision as the same are identified on the Final Plat; and WHEREAS, pursuant to Section 43 -2 -301, et se q., C.R.S., and Section 2.22, Eagle County Land Use Regulations, 1982, as amended, the Board has the power and authority to vacate any CM eel public right -of -way or easement located entirely within the ^. County of Eagle, State of Colorado; and WHEREAS, notice of the public hearings before the Eagle County Planning Commission and the Board to consider the proposed vacation of the Final Plat and public rights -of -way and easements was duly published in the Eagle Valley Enterprise; and WHEREAS, at its public hearing held September 28, 1987, the Board determined that vacation of the Final Plat is appropri- ate, subject to the conditions set forth hereinbelow; and WHEREAS, the Board further determined that vacation of the public rights -of -way and easements is also appropriate, subject to the conditions listed below, in that none of the Streets, Avenues, Drives, Courts, Places, or Alleys depicted on the Final Plat provide access to property outside the Blue Creek Ranch Subdivision and all are contained entirely within the Property except Eagle County Road S -13, and the said easements denoted BLM Access Easement, Equestrian Easement, Private Access Easement, and Irrigation Easement did not exist prior to the recordation of the Final Plat, were necessitated by the subdivi- sion of said land, and have not been conveyed nor utilized in any way; and WHEREAS, the Board also determined that the public rights -of -way and easements depicted on the Final Plat are entirely within the County of Eagle 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 given an opportunity to comment and all such comments have been fully considered by the Board; and 4 _ WHEREAS, the written consent of the United States Department of Interior, Bureau of Land Management, to the vacation has been presented to the Board. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO, as follows: 1. The Final Plat of Blue Creek Ranch Subdivision is hereby vacated, subject to the conditions set forth at paragraph 8 hereinbelow. 2. All Streets, Avenues, Alleys shown on the Final Plat and except any portion of Eagle County Plat, are hereby vacated, and the E quishes and vacates any and all ric public rights -of -way. Drives, Courts, Places and dedicated to the public use, Road S -13 shown on the Final oard hereby divests, relin- ,hts it may have in such 3. All easements shown on the Final Plat which were not created by a conveyance or reservation in an instrument T4 recorded prior to the approval and recordation of the Final Plat, including specifically those easements denoted "BLM Access Easement ", "Equestrian Easement ", "Private Access Easement ", and "Irrigation Easement" are vacated and any interest in such easements acquired by Eagle County by virtue of the recordation of the Final Plat is hereby quit claimed and conveyed to the Bank. 4. The vacation of the public rights -of -way and easements described at paragraphs 2 and 3 hereinabove shall not be construed as affecting in any way whatsoever any and all existing recorded easements necessary for utilities or other public services, or any public road or right -of -way existing upon or across the property prior to the filing of the plat. 5. The Chairman of the Board is hereby instructed and authorized to mark the Note "cancelled" and to execute a release of the above - described mortgage deed and to deliver both to the Bank or its agent or nominee. 6. The Subdivision Improvements Agreement dated April 29, 1981 and recorded on that date in Book 322 at Page 351, Reception No. 218718, in the office of the Eagle County Clerk & Recorder, and the Agreement for Off -Site Subdivision Improve- ments, recorded on the same date in the office of the Eagle County Clerk & Recorder in Book 322 at Page 352, Reception No. 218719, and any extensions or modifications of said Agreements, are hereby deemed terminated and of no further effect. -3- 7. The Board hereby consents to the revocation and termination of the Declaration of Protective Covenants, Condi- tions and Restrictions of Blue Creek Ranch Subdivision recorded April 29, 1981 in Book 322 at Page 348, Reception No. 218715, in the office of the Eagle County Clerk & Recorder. 8. The vacation contemplated by this resolution shall have no effect as to any public road or right -of -way created by virtue of adverse use or decreed by any court. 9. The vacation of the Final Plat and associated Agreements is contingent upon the following: a. Closing of the sale by the Bank to its purchaser; and b. Agreement by the Bank and its successors and assigns to the rezoning of the Property to a Resource Zoning District, and the filing of an Application for Zone Change requesting such rezoning. Ln c. Recordation of this Resolution in the Office of the M Eagle County Clerk & Recorder shall be conclusive proof that the contingencies set forth at paragraphs 8(a) and 8(b) herein have been met, and vacation of said plat and the roadways and easements shown thereon, and termination of the Agreements, shall be effective as of the date of such recordation. MOVED, READ AND ADOPTED by the Board of County Commis- sioners of the Countof Eagle, State of Colorado, at its regular meeting held the day of 1988, nunc pro tunc September 28, 1987. ounty Commissioners COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS By: George A. Gates, Chairman Don . Welch,`Commissioner Richard Luf Commissio er -4- 4 t P-.0 Commissioner JGf a7 -14F 90 A) _ seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner George A. Gates Commissioner Donald H. Welch Commissioner Richard L. Gustafson This Resolution passed by LUgh0'),1U4fS vote of the Board of County Commissioners of the County of Eagle, State of Colorado. -5-