HomeMy WebLinkAboutR05-068 Arrowhead Drainage Easement Vacation File No. G-00025
Commissioner ~ moved adoption
of the following Resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 2005 - OW?:>
ARROWHEAD DRAINAGE EASEMENT VACATION
File Number G-00025
WHEREAS, pursuant to c.R.S. 43-2-301, et seq. and Section 5-2200 of the 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 Architectural Impact, LLC (hereinafter
referred to as "Petitioner"), the Board was asked to vacate a drainage easement dedicated to the
public on the Arrowhead River Ranch Final Plat, Eagle County, Colorado, whose street address
is 035635 US 6, Edwards, Eagle County, Colorado, more particularly described in Exhibit "A";
and
WHEREAS, notice ofthe public hearings to consider the proposed vacation of the
subject portion ofthe public road 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 02, 2005, the Eagle County Planning
Commission recommended approval ofthe vacation ofthe subject easement; 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 easement
described in Exhibit "A" 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.
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.
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NOW, THEREFORE be it resolved by the Board of County Commissioners ofthe
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, the application for approval of the vacation ofa drainage easement described in
Exhibit "A" 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 a Quit Claim Deed for the vacated easement is
recorded with the Eagle County Clerk and Recorder.
3. The vacation shall not be effective until the replacement drainage easement is
recorded with the Eagle County Clerk and Recorder.
4. The vacation will not be in effect until the Resolution of the Eagle County Board of
County Commissioners approving the vacation is recorded with the Eagle County
Clerk and Recorder. The Resolution will be recorded upon the completion of
conditions two and three.
5. The petitioner will inspect the stormwater infiltration gallery to ensure it is still
operating within its intended effectiveness.
THAT, upon the date on which the last of the 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 Deed for the vacated easement, 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 "A".
MOVED, READ AND ADOPTED by the Board of County Commissioners of the
County of Eagle, State of Colorado, at its regular meeting held the ,2005,
nunc pro tunc April 12, 2005.
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COUNTY OF EAGLE, STATE OF
COLORADO, by and Through Its
ATTEST: BOARD ,COUNTY COMMISSIONERS
\
By:
Clerk to the Board of
County Commissioners
T~~
om tone, ommlSSlOner
Commissioner ~ seconded adoption of the foregoing
resolution. The roll having been called, e vote was as follows:
Commissioner, Am M. Menconi cz.-y
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 of Colorado.
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