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R85-19 vacation of elk laneh Commissioner �! �� /r,a� moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 85 -_/� 3034ui. 0 JOHNNIE t F LGii CTl DECO'. i EB 28 P `" Vacation of a portion of Elk Lane, a County right -of -way, located adjacent to Lot 15, Block 3, Eagle -Vail Filing 1, County of Eagle, State of Colorado WHEREAS, pursuant to Section 43 -2 -301, et sue., C.R.S., and Section 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, Robert C. and Wanda Olney have requested the vacation of a portion of Elk Lane, a County right -of -way, located adjacent to Lot 15, Block 3, Eagle -Vail, Filing 1, County of Eagle, State of Colorado, and more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference; and WHEREAS, notice of the proposed vacation of the above - described County right -of -way was published in the Eagle Valley Enterprise at least thirty (30) days prior to the public hearing to consider the vacation of same; and WHEREAS, the Eagle County Planning Commission at its regular meeting of January 16, 1985, recommended approval of the vacation of the subject County right -of -way; and WHEREAS, the Board, at the public hearing held February 26, 1985, determined that the above - described County right -of -way is entirely within the County of Eagle, State of Colorado, and not within the limits of any city or town; that the vacation of the subject County right -of -way, with the limitations imposed herein, will not in any way affect any recorded easements necessary to bring utilities or other public services to the surrounding property; and, further, that the vacation of the subject County right -of -way will not leave any land adjoining such right -of -way without an established public road connecting said land with another established public road. 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 that portion of the County right -of -way described in this Resolution and the attached Exhibit. THAT, the aforesaid vacation of that portion of the subject County right -of -way described in Exhibit "A" shall not be construed nor deemed to be construed as affecting in any way whatsoever any and all existing recorded easements necessary for utilities or other public services, including the right to maintain, repair, replace and /or upgrade such existing utility and public services facilities. THAT, title to that portion of the subject County right -of -way vacated by this Resolution shall vest in Robert C. and Wanda Olney pursuant to Section 43 -2 -302, C.R.S. MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagles State of Colorado, at its regular meeting held the _ r, of ;,Z� / /,,- � 1985. COUNTY OF EAGLE, STATE OF COLORADO By and Through its ATTEST:( /J BOARD OF C NTY COMMISSIONERS BY > r > >fr / //� By: Cl:erk,..pf the Board of David E. Mott, Chairman County- Commissioners Richard L. Gustafson, Commissioner � Donal H. Welch, C mmissioner dAS C— ommi- s- s3o -ne-r— seconded adoption of the foregoing Resolution. The roll having been called, the vote was as follows: Commissioner David E. Mott Commissioner Richard L. Gustafson Commissioner Donald Welch e i" This Resolution adopted by vote of the Board of County Commissioners of the County of Eagle, State of Colorado. —3— I 4 EXHIBIT "A" A part of the right -of -way of Elk Lane as shown on the plat for Eagle -Vail Subdivision, Filing No. 1, according to the map recorded under Reception No. 121075 in the office of the Eagle County, Colorado, Clerk and Recorder, being described as follows: Beginning at the northeast corner of Lot 15, Block 3, Eagle -Vail Subdivision Filing No. 1, which is also a point in the southerly right -of -way line of said Elk Lane; thence along said right -of -way line 91.26 feet along a curve to the right having a radius of 45.00 feet, a central angle of 116 11'58 ", and a chord which bears N 49 05'47 "W 76.41 feet; thence departing said right -of -way S 49 05'47" E 76.41 feet and along the chord of said curve to the point of beginning, containing 1145 square feet, more or less.