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HomeMy WebLinkAboutR1947-06 Concerning Right of Way over Cora B. Mayer Land c - ! , • R4SOZUTION WHEREAS, John A. Ewing made, executed and delivered a certain deed dated the 6th day of June, A. D. 1901, conveying a right of way to the County of Eagle and State of Colorado over certain lands then owned by him, said deed having been filed for record on the 15th day of June, 1901, and recorded in Book 63 at Page 555 of the recordq in the office of the County Clerk and Recorder in and for Eagle County, Colorado; AND WHEREAS, Cora B. Mayer is now the owner of the lands and ranch traversed by said right of way granted as aforesaid by John A. Ewing; AND WHEREAS, the description of said right of way conveyed by John A. Ewing is vague and uncertain, and it would be impos- sible to establish same at this date; AND WHEREAS, the only road and highway now used and claimed by Eagle County over said lands formerly owned by said John A. Ewing is that embraced within the right of way granted by Cora B. Mayer to the County of Eagle and State of Colorado by Right of Way Deed dated the 3rd day of April, A. D. 1939 and filed for record on April 11, 1939, and recorded in Book 116 at Page 538 of afore- said records; AND WHEREAS, it appearing that no Commissioner of Deeds has been appointed or been authorized by the present Board of County Commissioners to make conveyances on behalf of said County; NOW THEREFORE, BE IT RESOLVED, AND IT IS HEREBY ORDERED, that the County of Eagle hereby vacates all that portion of said right of way granted as aforesaid by John A. Ewing, except , such portion, if any, as may be embraced within the boundaries of the right of way granted to the County of Eagle and State of Colorado by Cora B. Mayer by Right of Way Deed recorded in Book 116 at Page 538 of the records in the office of the County Clerk and Recorder within and for Eagle County, in the State of Colorado. AND, BE IT FURTHER RESOLVED, AND IT IS HEREBY ORDERED, that -1- w • _ The Board of County Commissioners of Eagle County, State of Colorado, be and it is hereby authorized to make, execute and deliver to said Cora B. Mayer a Quit-Claim Deed conveying to said Cora B. Mayer, her heirs and assigns, all lands embraced within that portion of said right of way vacated as aforesaid, that said deed shall be executed by the County of Eagle and State of Colorado acting by and through its duly elected, qualified and acting Board of County Commissioners and be attested by Thomas F. MoBreen, the Clerk of said Board, with the seal of said County thereunto affixed. PASSED, ADOPTED, SIGNED AND APPROVED at a regular meeting On this 2nd day of June, A. D. 1947. THE BOARD OF COUNTY COMMISSIONERS of Eagle County, Colorado By C_ 'Chaim ATTEST: / eZ. -2•--4:1; 1=gif the Board Commi saiona% j • -2-