HomeMy WebLinkAboutR87-43 Vacation of Right of Way for Trout CourtCommissioner (,y_el vt moved adoption
of the following Resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 87- 14/
VACATION OF A PUBLIC RIGHT -OF -WAY COMMONLY REFERRED TO
AS TROUT COURT CUL DE SAC, BLOCK 3, FILING NO. 1,
EAGLE -VAIL SUBDIVISION, COUNTY OF EAGLE, STATE OF
COLORADO.
WHEREAS, pursuant to S 43 -2 -301, et seq., 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, pursuant to Petition submitted by Jim Poppleton,
in his capacity as managing agent for the Par Six Condominium
Association (hereinafter referred to as "Petitioner "),
Petitioner requested that the Board vacate a portion of a
parcel of land, lying wholly within the unincorporated terri-
tory of Eagle County, commonly referred to as the Trout Court
cul de sac, Block 3, Filing No. 1, Eagle -Vail Subdivision,
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 subject public right -of -way was duly
published in the Eagle Valley Enterprise; and
WHEREAS, the Eagle County Planning Commission at its
regular meeting of June 18, 1986, recommended denial of
vacation of the subject public right -of -way, and further
recommended that, in lieu of vacating a portion of the Trout
Court cul de sac as requested by Petitioner, the entirety of
Trout Court be vacated; and
WHEREAS, at a public hearing held June 24, 1986, the
Board determined that the recommendations of the Planning
Commission merited full consideration and thus ordered that
public notice be duly given concerning the proposal that, in
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lieu of vacating a portion of the Trout Court cul de sac, the
entirety of Trout Court be vacated; and
WHEREAS, after public notice duly published in the Eagle
Valley Enterprise to reflect the inclusion of the entirety of
Trout Court in the legal description of the public right -
of -way proposed to be vacated, the Board held a public hearing
on November 25, 1986, in which it was determined that vacation
of the entire Trout Court is not appropriate; and
WHEREAS, the Board has determined that vacation of the
Trout Court cul de sac as originally requested by Petitioner
and as more particularly described in a legal description
prepared by the Eagle County Surveyor, attached hereto as
Exhibit A and made a part hereof by this reference, is appro-
priate in that the public right -of -way accesses a private
drive pertaining to the Par Six Condominium Association, and
encourages the use of such private drive as a public thorough-
fare, which use poses a safety hazard and a disturbance to
neighboring residents; and
WHEREAS, the Board further determined that the public
right -of -way described on Exhibit A is 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;
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 Exhibits, 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 Exhibits.
THAT, the 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.
86 -76 -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 August, 1987.
By:
k of the Board o
ty Commissioners
MR
COUNTY OF EAGLE, STATE OF
COLORADO, By and Through Its
BOARD,QVC'qUNTY COMMISSIONERS
Donald H. Welch, Commissioner
George W. Gates, Commissioner
Commissioner 6 9 -7-e-s seconded adoption
of the foregoing resolution. The roll having been called, the
vote was as follows:
Commissioner
Richard L.
Gustafson
tk1 'e'
Commissioner
Donald H.
Welch
Commissioner
George A.
Gates
This Resolution passed by (�(/t/N41,' 9404/5 vote of the Board of
County Commissioners of the County of Eagle, State of Colorado.
86 -76 -3-
mountain engineering land surveying c®®
406 S. hyland square, suite a.1
glenwood springs, colorado 81601
945.2045
P. box 14 gypsum, colorado 81637 524 -9414
December 2, 1986
LEGAL DESCRIPTION
to vacate a portion of the Trout Court Cul De Sac, Block 3
Eagle -Vail Subdivision, Filing No. 1, Eagle County, Colorado:
A parcel of land being a portion of the Trout Court Cul
De Sac Located in Block 3, Eagle -Vail Subdivision, Filing No.
1, Eagle County, Colorado. Said parcel being more particularly
described as follows:
All that portion of said Trout Court Cul De Sac lying
northerly of the following described line:
Beginning at the point of intersection of the northerly
boundary of Lot 68, Block 3 of said subdivision and the east-
erly boundary of the Trout Court Cul De Sac; Thence North
84 °48'54" West, 74.84 feet to the point of intersection of the
northerly boundary of Lot 69, Block 3 of said subdivision and
the westerly boundary of the Trout Court Cul De Sac, the end
of said line and containing 0.067 acres, more or less.
Exhibit A
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Exhibit A
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