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Home My WebLink AboutR05-048 Angel Lane Vacation File No. G-00024 Commissioner moved adoption of the' ollowing Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2005 - ANGELA LANE VACATION File Number G-00024 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 ofthe 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 the Angela Lane Homeowners (hereinafter referred to as "Petitioner"), the Board was asked to vacate the Angela Lane right-of- way as described on the plat for Lake Creek Subdivision, Second Filing, recorded June 28th, 1971, in Book 220 at Page 868-B at reception number 116533 more particularly described in Exhibits "A" through "E"; and WHEREAS, when a public right-of-way is vacated, Colorado Law, requires that the title of the said right-of-way be vested to the owners ofthe abutting land, with each abutting owner taking land to the center of said right-of-way; and WHEREAS, notice of the public hearings to consider the proposed vacation of the subject portion ofthe public right-of-way was mailed for the public hearing before the Eagle County Planning Commission and published in the Eagle Valley Enterprise on March 10,2005, for the public hearing before the Board; and WHEREAS, at its regular meeting of March 2,2005, the Eagle County Planning Commission recommended approval of the vacation ofthe subject right-of-way and easements; and WHEREAS, the Board conducted a public hearing on April 12, 2005, to consider the Petitioner's request; and WHEREAS, at the aforesaid public hearing, the Board determined that the right-of-way described in Exhibits "A" through "E" attached hereto and incorporated herein by this reference lies 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 of the 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 ofthe public right-of-way. THAT, the application for approval ofthe vacation of Angela Lane is hereby approved, subject to compliance with the following conditions: 1. Except as otherwise modified by these conditions, all material representations of the Petitioner in this application and all public meetings shall be adhered to and considered conditions of approval. 2. The vacation will not be in effect until Quit Claim Deeds for the vacated easements and right-of-way are recorded with the Eagle County Clerk and Recorder. 3. The vacation shall not be effective until the public utility easement and public access easement from Lake Creek Road to the commencement ofthe existing pedestrian easement are recorded with the Eagle County Clerk and Recorder. 4. The vacation shall not be effective until a maintenance agreement for the continued maintenance of Angela Lane is recorded with the Eagle County Clerk and Recorder. 5. The vacation will not be in effect until the Resolution ofthe Eagle County Board of County Commissioners approving the vacation is recorded with the Eagle County Clerk and Recorder. The Resolution will not be recorded until conditions 2, 3 and 4 have been satisfied. 6. No gate can be installed to preclude access on Angela Lane and the pedestrian easement. 7. The Petitioner will provide one public parking space. 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 right-of-way; 3) Public Utility Easement and Public Access Easement from Lake Creek Road to the commencement ofthe existing pedestrian easement; 4) Maintenance Agreement for the continued maintenance of Angela Lane; the Board thereupon shall divest, relinquish and vacate any and all rights it may have in the right- of-way described in this Resolution and the attached Exhibits "A" through "E". 2 MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held A-pr-u- b20-HA...., 2005, nunc pro tunc April 12, 2005. COUNTY OF EAGLE, STATE OF COLORADO, b and Through Its ATTEST: BOARD CO Y COMMISSIONERS By: By: l Teak J. Simont n Am M. Menconi, Clerk to the Board of County Commissioners Tom c~~oner Commissioner 0~";;1.~ seconded adoption of the foregoing resolution. The roll having been called, the vote as follows: Commissioner, Am M. Menconi Commissioner, Peter F. Runyon Commissioner, Tom C. Stone This Resolution passed by vote of the Board of County Commissioners of the County of Eagle, State 3 r'1'(ut"t.1'( I' lJt.;)U()t-'IIUN ( ( Thot portion of Angek ..:Jne (SO' right of way). to be obondoned,.~_ated within lake Creek Subdivision. Flrst FlIIng. Second Filing. Reception No. 116533, according to the mop thereof recorded in the office of the Eagle County Colorado, Clerk and Recorder, descrbed os follows: Beginning at the east comer of lot 1 and lot 2, sold lake Creek Subdivision, Second Filing on said SO' radius right of way. thence, S29'01'55-E SO.OO feet to the radius point of sald rl9ht of way. thence S21'02'23-[ SO.OO feet to the north corner of lot 1 and lot 8. sold lake Creek Subdlvlsion, Second FIling: thence. along the eost line of sold lot 1 150.10 feet oIon~ the ore of 0 curve to the right, hovlng 0 radius of SO feet, a central angle of 172'00'28, ond 0 chord that bears H25'02'09-W 99.75 feet to the Point of Beginning, containing 3752 square feet, more or less. . (" - '. *- 1tf.:~ : : .... - -. - '. ~. :~: . \ : ". ..'..::" Dote ........ ~...............~~ ........ "'",:/lkIL nVl\ "",,,, ""ll' ...lUll' LOT C HAPPY VALLEY ACRES LOT 2 I ........ I " LOT 7 LAKE CREEK SUBDIVISION FIRST FILING I 6.= 171 '58' 47" I It::) . R=50.00' LOT 1 L=150.08' I~ T-713.22' I C LEN=99.76' 0 BRG=N 25'01'18" WI LOT 8 Q:- ..l.. J..... ~ .:) o' Sf! 120' 180' 0 ~ , II ~ CJ l' ... 60' PROPERTY DESCRIPTION That portion of ~ lane (50' right of way), to be abandoned, located within Loke Creek ~, Secof\d fling. Reception No. 116533. oceordfng to the mop thereof recOf'ded in the office of the Eogle County Colorado, Clerk and Recorder, described as fclows: Be9lnnlng ot the south comer of Lot 2, Lake Creek SubdMsion. Second Filln9 and lot C, Happy Valley A<:res. according to the mop thereof recorded in the office of the Eogle Coooty. Colorado. Cln and Recorder. thence along the south line of sold Lot C. S6-t'01'57-[ 31.<< feet to the south comer of sold Lot C ond Lot 7. loke Creek SubdMsion. first Filing. according to the mop thereof recOf'ded in the offICe of the Eogle County, Colorado. Cln and Recorder. thence. departln9 sold south line. S25'S8'03.W 25,00 feet to the centerline of sold Angelo lone; thence. along sold centerline. N6.J'01'5'rW 31.<< feet, thence. deporting sold centerline. N25'SS'01-E 25.00 feet to the Point of Beginning, containing 786.1 squore feet, more or less. ......ift, , ;;, lfl/'r.'" , LOT C HAPPY VALLEY ACRES LOT 2 " PARCEL C 0.01805 ACRES 564'O,'57"E 31.44' S2S'S8'03"W 25.00' LOT 1 I ~ Q I LOT 8 Q:- .)... " ~ ~ (/ so' 120' 18(/ 0 ~ ~ I' ~ U PROPERlY DESCRIPllQN . ( That portion of Angelo t...le (SO' right of way), to be abandoned, 1cX:I.JLed within Lake Creek SubdMslon, Second fling. Reception No. 116533, according to the map thereof recorded in the office of the Eagle County Colorado, Clerk and Recorder. described os follows: Beginning at the eost corner of Lot 1 and lot 2, said Lake Creek Subdivision, Second Filing on said SO' radius right of way. thence, along the south line of said Lot 2, 100.36 feet alon~ the orc of 0 cur... to the right, having Q radius of 50 feet. 0 central angle of 11.'59'.3 , and a chord that bears 561'32'03"E 84.3-4 feet to the south corner of sold Lot 2 and Lot C. Happy Valley Acres, according to the mop thereof recorded In the offICe of the Eagle County. Colorado. Clerk and Recorder: thence, deporting said south line S2S"5S'03"W 25.00 feet to centerline of said Angelo Lone; thence olong said centerline N6.'01'57W 43.30 feet to the radius point of said right of way. thence N29'01'SS"W 50.00 feet to the Point of Beginning. containing 3OSO square feet, more or less. LOT C 6=114"59'43" HAPPY R=50.00' VALLEY L=100.3S' T=7S.48' ACRES C LEN=84.34' I BRG=S 61'32'03" E I LOT 7 LAKE CREEK SUBDIVISION FIRST FlUNG / LOT 1 , /Q I /~ 0 I LOT 8 Q:- ..l.. f...... <- ..:J (f 80' 120' 180' 0 ~ Ii ~ I CJ 1. = 60' PROPERTY DESCRIPTION. /~ That portion of Angel~ ~.JI'l. (SO' right of way). to be abandoned. _.Jted within lotce Creek Subdivision, Second FUlng, Reception No. 116533, according to the map thereof recorded In the office of the Eagle County Colorado, aerie and Recorder, descrlbecl os follows: Beginning at the south corner of lot 7, lake Creek Subdivision. First FUlng and lot C, Happy Volley Acres. according to the mop thereof recorded in the office of the Eagle County, Colorado. aerie and Recorder; thence. oIong the south line of sold lot 7. SS4"01'5,E 230.88 feet to the westerly right of way line of County Rood. (lake Creek Rood); thence. oIong said westerly line S2773'40"W 25.01 feet to the centerline of soid Angelo lane; thence oIong soid centerline NS4'01'57"W 230.26 feet: thence, deporting soid centerline N25'58'03"E 25.00 feet to the Point of Beginning, containing 5764 square feet, more or less. LOT C HAPPY VALLEY ACRES LOT 2 LOT 7 LAKE CREEK SUBDIVISION FIRST FILING s 8"0 7S?~ ( LOT 1 . LOT 8 , I , <- ,/ .:::> O' 60' 120' 180' 0 ~ I I I CJ 1" ... 60' PROPERTY DESCRIpnOt)l I That portion of Angel~ ..one (SO' right of way), to be obondoned,l(...;oted within loke Creek SubdMalon. Second Filing. Reception No. 116533. according to the mop thereof recorded in the office of the Eagle County Colorado, Oerk ond Recorder, described os follows: Beginning at the north corner of lot 1 and lot 8. said lake Creek Subdivision. Second Filing. on said SO' radius right of way. thence. N211>2'23'W SO,OO feet to the radius point of said right of way, thence along the centerline of said Angelo lone 5641>1'57"E 305.00 feet to the westerly right of way line of County Rood, (lake Creek Rood). thence, oIong said westerly line S27"23'40"W 25.01 feet to the mast northeasterly corner of said lot 8. thence, the following two courses along the north line of said lot B. 1) NS41>1'5rW 261.08 feet, 2) 11.34 feet along the arc of 0 curve to the right. having a radius of SO.OO feet. a central angle of 12"59'59", and a chord that bears S62"28'49"W 11.32 feet to the Point of Beginning, contoining 7359 square feet. more or less, LOT C HAPPY VALLEY ACRES LOT 2 I " I I "'- - I PARCEl 1 PARCEl 2 I ~ LOT 7 ~\~ ~ PARCEl ~ LAKE CREEK SUBDIVISION ;.~ ~ x~ ~ ~x IVG'~ FIRST FILING f,~X~ s ~ / l'OB~~ N'x x ~o,.l-'lJ\t.t 'x 'JIl: x): s;>.. LOT 1 , ~x c / """,,Xl" ~s SO' Q ~ I( ~.O " t,=12'S9'S9" At ~~ ~o.,. trow / ~ , R=SO.OO' B1'01~ x xZ:-'" L=11.34' S;>....... oX x x ~ PARCEL 7 0 I T=S.71' l1I~x~ C LEN=11.32' <Bl.~ Q:- BRG=S 62'28'49" W 08 ~ x Xx x ~ ~ ,x~ ~ -3i~ LOT B ~~ y;$> ~ ~ .tV <V f...... "'~ ..:) CI 8f1 120' 180' 0 ~ II l t () 1" - 60'