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HomeMy WebLinkAboutR82-004 Vacation of Edwards Roadsr P RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, COLORADO RESOLUTION No. 82- MODIFICATION OF RESOLUTION No. 81 -27 RELATIVE TO THE VACATION OF THAT CERTAIN COUNTY ROAD LOCATED IN OR ADJACENT TO EDWARDS, COLORADO WHEREAS, pursuant to § 43 -2 -303, C.R.S. 1973, as amended, the Board of County Commissioners of the County of Eagle, Colorado, hereinafter referred to as the "Board ", has the power and authority to vacate all or any portion of a County right -of -way located entirely within the County of Eagle, Colorado; and WHEREAS, pursuant to Resolution No. 81 -27 adopted by the Board on September 17, 1981, the Board vacated a certain County right -of -way as described in Exhibit A of the aforesaid Resolution, said right -of -way being commonly referred to as the "Edwards Road "; and WHEREAS, it has been brought to the attention of the Board that certain portions of the Edwards Road may not have been duly vacated by the Board by reason of alleged inaccuracies in the legal description of said road as set forth in Resolution No. 81 -27; and WHEREAS, based upon the evidence presented to the Board at the public hearings in this matter and the findings of the Board relative thereto, it was the Board's intent to divest and relinquish any and all rights the County may have in the Edwards Road as it physically exists; and WHEREAS, based upon the foregoing, the Board desires to modify Resolution No. 81 -27 in order to have the same conform to the Board's intent and findings in its vacation of the Edwards Road. NOW, THEREFORE, be it resolved by the Board of County Commissioners, County of Eagle, Colorado: THAT upon the recording of this Resolution, the Board, in addition to that portion of the Edwards Road previously vacated pursuant to Resolution No. 81 -27 recorded in Book 329 at Page 096 of the property records of Eagle County, hereby divests and relinquishes any and all rights the County may have in any portion of the Edwards Road, as it physically exists, which has not heretofore been vacated by the Board; said road being generally described as follows: An existing right -of -way which generally lies twelve and one -half feet westerly of a line and twelve and one -half feet easterly of a line parallel with that portion of the East line of the NW4i of the SE -I,, of Section 5, T.5 S . , R 82 W., 6th Principal Meridan that lies North of the Northerly right -of -way line of U.S. Highway No. 6 in Edwards, Colorado, and, in addition, to specifically include a parcel of land described as follows: An existing right -of -way com- mencing at the Northwest corner of the East one -half of the East one - half of said Section 5; thence S.01 °21'27 "W. and along the West line of said East one -half 2,143.80 feet to the true point of beginning; said point being on the Southerly line of a road right -of -way recorded in Book 65 at Page 147; thence N. 57 °30'00 "E. and along said Southerly line of 15.03 feet; thence S. 01 °21'27 "W. and parallel to the West line of said East one -half, 621.65 feet; thence N.59 °41'13 "W., 14.29 feet to a point on the West line of said East one -half; thence N.01 °21'27 "E. and along the West line of said East one -half 606.35 feet to the true point of beginning. THAT, the Board hereby declares and decrees that any portion of the Edwards Road not heretofore vacated pursuant to Resolution No. 81 -27 is hereby vacated and -2- f shall no longer be any part of the County of Eagle roadway system. THAT the adoption of this Resolution is in accordance with and in furtherance of the intent and findings of the Board as set forth at length in Resolution No. 81 -27. THAT Resolution No. 81 -27 is hereby modified accordingly to reflect the foregoing. MOVED, READ AND UNANIMOUSLY ADOPTED by the Board of County Commissioners of the County of Eagle, Colorado, at its regular meeting held the day of January, 1982. COUNTY OF EAGLE, STATE OF COLORADO By and Through its ATTEST: BOARD OF COUNTY COMMISSIONERS By: 1`�L1�'1�CfLC C B y Clerk of thet. ar d Dale F. Grant, Chairman County Commissioners -3- th Troxe Commissioner s, uommissi.oner