HomeMy WebLinkAboutR87-02 Vacation of County Road No. 307 - Brush Creek RoadCommissioner Id ygfO✓ moved adoption
of the following Resolution:
BOARD OF COUNTY
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 87 - a
VACATION OF A PUBLIC RIGHT -OF -WAY
COUNTY ROAD NO. 307, COMMONLY REFERRED TO AS
BRUSH CREEK ROAD, AT MILE POST 3.8 AND EXTENDING
APPROXIMATELY .4 MILES ALONG BRUSH CREEK ROAD,
COUNTY OF EAGLE, STATE OF COLORADO
WHEREAS, pursuant to §43 -2 -301, et seg., C.R.S., and
§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, the County has recently completed a road
improvement project on County Road No. 307, more commonly
known as Brush Creek Road, which entailed the relocation of a
-- portion - of - -the - County's right -of -way - across property owned
exclusively by Adam's Rib Ranch Corporation (hereinafter
"Adam's Rib "); and
WHEREAS, in order to relocate the affected portion
of Brush Creek Road, the County acquired a right -of -way from
Adam's Rib as evidenced by that certain Warranty Deed dated
and recorded in the real property records
of the County of Eagle, State of Colorado, Book at Page
; and
WHEREAS, there being no further necessity for that
portion of the public right -of -way which was abandoned by
virtue of Brush Creek Road's relocation to the newly acquired
right -of -way, the Board desires to vacate said public right -
of -way at this time, such abandoned portion being more
f
particularly described on Exhibit "A" attached hereto and
incorporated herein by this reference; and
WHEREAS, notice of the public hearings before the
Eagle County 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 in accordance with
law; and
WHEREAS, the Eagle County Planning Commission at its
regular meeting of January 7, 1987, recommended approval of
vacation of the subject public right -of -way; and
WHEREAS, the Board at the public hearing held
January 13, 1987, determined that the subject right -of -way,
is entirely within the County of Eagle and not within the
limits of any city or town, and furt4er, all easement holders
of record have been duly notified, and it has been determined
that the vacation of said public right -of -way shall not, in
any way, affect any recorded easements necessary to bring
utilities or other public services to the surrounding property.
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, 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, the aforesaid vacation of the right -of -way
described in Exhibit "A" shall not be construed or deemed to
be construed as affecting in any way whatsoever any and all
existing recorded easements necessary for utilities or other
public services.
-2-
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MOVED, READ AND ADOPTED by the Board of County Commis-
sioners of the County of Eagle, State of Colorado, at its
regular meeting held the day of January, 1987.
to
COUNTY OF EAGLE, STATE OF
COLORADO, By and Through Its
BOARD OF COUNTY COMMISSIONERS
G� 0 _
John . Loug an
Commissioner
Commissioner (� /) seconded adoption
of the foregoing resolution. The roll having been called, the
vote was as follows:
Commissioner Donald H. Welch
Commissioner Richard L. Gustafson
Commissioner John F. Loughran
This Resolution passed by a yflW /'l'd( vote of the Board of
County Commissioners of the County of Eagle, State of Colorado.
-3-
A tract of land located in Tract 69, Township 5
Range 84 West of the 6th Principal Meridian, Eagle
Colorado, being more particularly described as follows:
Considering the East line of said Tract 69 as
North 0 001130" East and with all bearings contained
South,
County,
bearing
herein
relative thereto:
Commencing at the Southeast Corner of said Tract 69;
thence, North 0 001130" East along said East line, 909.14 feet
to a point on the South fence of Brush Creek Road, said point
being the Point of Beginning; thence, along said South and
Westerly fence, North 45 000' West 94.87 feet; thence, North
46001' West, 616.65 feet; thence, North 54 018' West, 534.6
feet; thence, North 18 017' West, 94.2 feet; thence, North
11 031' East, 602.3 feet; thence North 12 025' West, 55.4 feet;
thence, North 40 037' West, 73.8 feet; thence, North 55 036'
West, 47.2 feet; thence, North 70 041' West, 94.8 feet; thence,
leaving said South and Westerly fence, North 18 039' East, 38.3
feet to a point on the North and Easterly fence of Brush Road;
thence, along said North and Easterly fence, South 71 015'
East, 250.0 feet; thence South 09 016' West, 426.1 feet;
thence, South 13 018' West, 99.2 feet; thence South 13 °16'
West, 121.5 feet; thence, South 04001' East, 86.6 feet; thence
South 40001' East 158.1 feet; thence, South 52 039' East, 273.7
feet; thence, South 57 °37' East, 89.8 feet; thence, South
45 140' East, 715.53 feet to a point on the East line of said
Tract 69; thence, leaving said North and Easterly fence, South
0 001'30" East, 54.00 feet to the Point of Beginning.
The above - described tract contains 2.40 acres.
EXHIBIT "A" - Vacation of Easement
Brush Creek Road