HomeMy WebLinkAboutR05-030 Public Service Easement Vacation File No. G-00021
Commissioner ~ moved adoption
of the following Resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 2005 -
PUBLIC SERVICE EASEMENT VACATION
File Number G-00021
WHEREAS, pursuant to C.R.S. 43-2-301, et seq. and Section 5-2200 ofthe 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 pursuant to a Petition submitted by Public Service Company of Colorado on
behalf of The Vail Corporation doing business as Vail Associates, Inc. (hereinafter referred to as
"Petitioner"), the Board was asked to vacate 7.5 foot wide property line drainage and utility
easements situated along the property lines between Lots 6 and 7 and between Lots 7 and 8 of
Eagle-Vail Commercial Center Final Plat, Eagle County, Colorado, whose street address is
40819 HWY. 6, Eagle-Vail, Eagle County, Colorado, more particularly described as Exhibit "I";
and
WHEREAS, notice ofthe public hearings to consider the proposed vacation of the
subject portion of the public road was mailed for the public hearing before the Eagle County
Planning Commission and published in the Eagle Valley Enterprise on August 12,2004, for the
public hearing before the Board; and
WHEREAS, at its regular meeting of July 21, 2004, the Eagle County Planning
Commission recommended approval of the vacation of the subject easements; and
WHEREAS, the Board conducted a public hearing on September 14,2004, to consider
the Petitioner's request; and
WHEREAS, at the aforesaid public hearing, the Board determined that the easement
described in Exhibit" 1" attached hereto and incorporated herein by this reference lie entirely
within Eagle County, 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 have been given an opportunity to comment, and all such comments have
been fully considered by the Board; and
WHEREAS, the Board has considered all the evidence, exhibits and arguments presented
at the hearings.
1
WHEREFORE, based on the evidence presented, the Board finds that the Petitioner's
request meets the intent of Section 5-2200 ofthe L.U.R which governs Public Way and
Easement Vacations.
NOW, THEREFORE be it resolved by the Board of County Commissioners of the
County of Eagle, State of Colorado:
THAT the Board authorizes the Chairman of the Eagle County Board of County
Commissioners to execute any and all documents, instruments, papers or other forms necessary
for the vacation of the public easement.
THAT, upon the date on which the last ofthe following documents has been recorded
with the Eagle County Clerk and Recorder: 1) Resolution of the Eagle County Board of County
Commissioners; 2) Quit Claim Deeds for the vacated easements, the Board thereupon shall
divest, relinquish and vacate any and all rights it may have in the easement described in this
Resolution and the attached Exhibit" 1 ".
MOVED, READ AND ADOPTED by the Board of County Commissioners of the
County of Eagle, State of Colorado, at its regular meeting held the 15th day of March, 2005,
nunc pro tunc September 14, 2004.
COUNTY OF EAGLE, STATE OF
COLORADO, by and Through Its
ATTEST: BOARD OF COUNTY COMMISSIONERS
By:
Teak J. Simonto
Clerk to the Board of
County Commissioners
Peter F. Runyon,
~ ev...l~ 'WO ~
Tom C. o1it.sion~
Commission~ ~~4'~) seconded adoption of the foregoing
resolution. The roll having been called, t e vote was as follows:
Commissioner, Tom C. Stone
Commissioner, Peter F. Runyon
Commissioner, Am M. Menconi
This Resolution passed by 7(5 vote of the Board of County Commissioners of
the County of Eagle, State of Colorado.
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