HomeMy WebLinkAboutR93-085 vacation of public right of way for Cattle Creek Road #13511013 B -614 P -93 , 07/28/93 01:49P PG 1 01C REC DOC
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Sara J. Fisher Eagle County Clerk & Recorder 0.00
Commissioner moved adoption
of the follows. Resolut on:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 93
VACATION OF A PORTION OF A PUBLIC RIGHT -OF -WAY
COMMONLY REFERRED TO AS CATTLE CREEK ROAD (County Road 13),
COUNTY OF EAGLE, STATE OF COLORADO
(File No. G- 73 -93)
11
WHEREAS, pursuant C.R.S. 43 -2 -301, et seq. and Section 2.22 of
the Eagle County Land Use Regulations (the "L.U.R. "), 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 public easement located entirely within the
County of Eagle; and
WHEREAS, by an Agreement dated August 4, 1992 (recorded in Book
587 at Page 648 in the Records of the Eagle County Clerk and Recorder) ,
the Board and James W. Griffith, Jr., and Mary Farver Griffith
( "Griffiths "), agreed to exchange certain property by said vacation
process and by the recording of quit claim deeds, in order to
facilitate improvements to Cattle Creek Road; and
WHEREAS, pursuant to said Agreement, the Eagle County Engineer
has processed a petition to vacate the parcels of property described
in said Agreement as the "Easterly Exchange Parcel" and the "Southerly
Exchange Parcel "; and
WHEREAS, notice of public hearings before the Planning Commission
and the Board to consider the proposed vacation was duly published
in the Eagle Valley Enterprise and
WHEREAS, at its regular meeting of April 1, 1993, the Planning
Commission recommended approval of the vacation of the subject public
right -of -way; and
WHEREAS, the matter having now come before the Board, the Board
finds as follows:
1. The portions of public right -of -way described in Exhibit "A"
entitled "Easterly Exchange Parcel," and in Exhibit "B" entitled
"Southerly Exchange Parcel" - both of which are attached hereto and
incorporated herein by this reference - lie entirely within Eagle
County, and not within the limits of any Town;
2. All easement holders of record, affected governmental
entities and adjacent property owners have been notified of the
proposed vacation, and have been given an opportunity to comment,
and all such comments have been fully considered by the Board.
511013 B -614 P -938 ,%28/93 01:49P PG 2 OF 5 G
3. The Board has received a duly executed quit claim deed from
the Griffiths, conveying the property identified in the Agreement
as "Westerly Exchange Parcel" to Eagle County.
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 portions of public right -of -way described
in this Resolution and the attached Exhibits.
THAT, pursuant to Section 2.22 (10) , L.U.R., the Chairman of the
Board is directed to execute on behalf of the Board and cause to be
recorded in the office of the County Clerk and Recorder, a quit claim
deed divesting the County of any interest it may have in the subject
public right -of -way, in favor of the Griffiths, who are the sole owners
of the properties lying adjacent to the right -of -way being vacated
hereby.
THAT, the Chairman of the Board is further authorized and directed
to execute acceptance of the "Westerly Exchange Parcel" quit- claimed
to the County by the Griffiths.
THAT, the aforesaid actions shall not be construed as affecting
in any way whatsoever any and all existing recorded easements necessary
for utilities or other public services.
MOVED, READ AND ADOPTED by the Board of County Commissioners
of the County of Eagle, State 9fColorado, at its regular meeting
held the day of _ , 1993.
COUNTY OF EAGLE, STATE OF
COLORADO, By and Through Its
ATTEST:" BOARD OF COUNTY COMMISSIONERS
e,eoA ao By: AOSe NT
Clerk to th Board of George A. Gates, Chairman
County Commissioners
Im
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511013 B -614 P -938 ./28/93 01:49P PG 3 OF 5 kIJ
Commissione seconded adoption of the foregoing
resolution. Mhe roll having been called, the vote was as follows:
Commissioner Gates aLaeA Z - 1
Commissioner Phillips
Commissioner Johnson
This Resolution passed by — (' vote of the Board of
County Commissioners of the County of Eagle, State of Colorado.
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#82 -237 cattle creek
-3-
ttachment to Vacation
f ROW to Griffiths Legal Description C,
Portion of Cattle Creek
'oad, County Road 13) Easterly Exchange Parcel
A parcel Of land located in Section 22, Township 7 South, Range
87 West of the Sixth Principal Meridian, Eagle County, Colorado,
according to the survey of said Township and Range as approved on
November 8, 1888; said parcel, with all bearings contained herein
based on a bearing of S.87 026138 "E. between the North 1/16 Corner of
Sections 21 and 22 and the North Center 1/16 Corner of Section 22 of`
said Township and Range, both corners being a found rebar and cap,
L.S. No. 11204, being.more particularly described as follows:
Beginning at a point on the Easterly right -of -way. boundary of
Eagle County Road S13 (Cattle Creek Road) from 27 whi s id N
Center 1/16 Corner of Section 22 bears
distant; thence departing said Easterly right -of -way the following
five (5) courses:
1)
2)
3)
174.57 feet along the arc of a curve to the left having a
radius of 2030.00 feet, the chord of which bears
N.52 0 39'30 "W. 174.51 feet
N.55 0 07'18 "W. 293.28 feet
171.97 feet along the arc of a curve to the right having a
OS 53 feet the chord of which bears
to the point of beginning.
Said Easterly Exchange Parcel contains 0.292 of an acre, more or
less .
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radius of 3 F
N.38 059'51 "W. 169.71 feet
4)
N.22 0 52 1 23 11 W. 206.32 feet
a curve to the left having a
5)
123.21 feet along the arc of
the chord of which bears N.32 °52'50 "W.
radius of 352.70,
122.58 feet
to a point
on said Easterly Right -of -Way boundary of Eagle County
the following five
Road S13;
thence along said Easterly Right -of -Way
(5) ` courses:
1)
173.81 feet along the arc of a curve to the right having a
radius of 483.14 feet, the chord of which bears
S.35 0 02'36 "E. 172.87 feet
2)
5.24 0 44'15 "E. 132.68 feet
of a curve to the left having a
3)
228.23 feet along the arc
the chord of which bears
radius of 430.81 feet,
S.39 0 54'52 "E. 225.57 feet
of a curve to the right having a
4)
258.23 feet along the arc
the chord of which bears
radius of 3021.24 feet,
S.52 040'12 "E. 257.80 feet
5)
S.50 011'40 "E. 166.84 feet
to the point of beginning.
Said Easterly Exchange Parcel contains 0.292 of an acre, more or
less .
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Attachment tar Vacatison of
RQ to 'Griffiths
(Portion of Cattle Creek .`
Raod, County. 13Y
Legal Description
Southerly Exchange Parcel
A p arcel of land located in Section 22, Township 7 South, Range..$?
P
West of the Sixth Principal Merid s andlRange Cou
as approved on �
according to the survey of sa Tow
November 1888; said parcel, w pth all beatings north 1/16 Corner
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based on a bearing of S.87 °26'38 E. between e
of Sections 21 and 22 and the 1 /16 - Corner
q found o f e and
22 of said Township and Range, both c
aluminum cap monuments, L.S. No. 11204, being more particularly
described as follows:
Beginning at a point on the Easterly right -of -way boundary of Eagle
er
County Road S13 (Cattle Creek Road) from which said 2605 62 ent er
1/16 Corner of Section 22 bears N.34 °55'22 "W.
distant; thence departing said Easterly right -of -way the following
three (3) courses:
1) N.47 °25'45 "E. 183.42 feet
2) 158..44 feet along the arc of
central angle of 1 79 °09
a radius of 114.69 feet,
and tangent of 94.80 feet, the chord of which bears
N.07 °51'10 "E. 146.14 feet
3) N.31 °43'25 "W. 183.42 feet
to a point on said Easterly right -of -way boundary of Eagle County
Road S13; thence along said Easterly right -of -way 464.99 feet along
the arc of a curve to the right having a radius of 336.59 feet,
central angle of 79009'11"l and tangent of feet .22 feet the
the point chord
of which bears S.07 51 10 s W. 4 28-89 of
beginning.
Said Southerly Exchange Parcel contains 0.312 of an acre, more or
less.
Willi�-Hargi
Johnson, Kunkel
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Date
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EXHIBIT B