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Home My WebLink AboutR05-068 Arrowhead Drainage Easement Vacation File No. G-00025 with Exhibit A Commissioner ~ moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2005 - 00CC> 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.D.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 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 of the 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 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 of the vacation of the 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 ofthe 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.D.R which governs Public Way and Easement Vacations. 1 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, 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 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 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. 2 COUNTY OF EAGLE, STATE OF COLORADO, by and Through Its ATTEST: BOARD COUNTY COMMISSIONERS By: Clerk to the Board of County Commissioners TO~'~Sion~ Commission~ ~ seconded adoption of the foregoing resolution. The roll having been called, e vote was 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 of Colorado. 3 EXHIBIT A DRAINAGE EASEMENT TO BE ABANDON SHEET 2 OF 2 EXISTING 30' WIDE DRAINAGE EASEMENT A 30 FOOT WIDE STRIP OF LAND SITUATED IN SECTION 4, TOWNSHIP 5 SOUTH, RANGE 82 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF EAGLE, STATE OF COLORADO, SAID STRIP LYING 15 FEET EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 4, A BLM BRASS CAP IN PLACE, THENCE N87'27'45"W A DISTANCE OF 313.15 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY OF HIGHWAY 6 AND 24, THE POINT OF BEGINNING ; THENCE LEAVING SAID NORTHERLY RIGHT-OF-WAY ALONG THE ARC OF A NON-TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 179.78 FEET A CENTRAL ANGLE OF 17'07'03" A DISTANCE OF 53.71 FEET (CHORD BEARS N04'15'54"E 53.51 FEET); THENCE ALONG THE ARC OF A NON-TANGENT CURVE TO THE LEFT WITH A RADIUS OF 82.S4 FEET A CENTRAL ANGLE OF 49'31 'S2" A DISTANCE OF 71.36 FEET (CHORD BEARS N19'33'26"W OF 69.15 FEET); THENCE N13'28'SO"W A DISTANCE OF 86.80 FEET; THENCE N02'lS'4S"W A DISTANCE OF 79.78 FEET; THENCE N25"08'3S"W A DISTANCE OF 44.86 FEET TO THE TERMINUS (WHENCE THE SOUTHEAST CORNER SECTION 4 BEARS S48'OO'09"E A DISTANCE OF 503.86 FEET). DATE: JANUARY 20, 200S JOB NO.: 201109S.14 - 0932 HIGH COUNTRY ENGINEERING, INC. 14 NVON:88 DFIVE EAST, STE F-12O 1517 Bl.AKE AVBf.E, 8UTE 101 ENCLEWOOD, co 80112 OI..ENWOOO 8PfI'IQS, co 81601 (303) 925-0544 (970) 945-8870 brg''<51-~ /' -'/- EX r rl BIT A 7--0~'. \r, _~ .. ~ ,/ ,</ \------- - DRAINAGE EASEMENT TO BE ABANDON .~\7--S. /' ' ,- \ N 25'08'35" W SHEET 1 OF 2 6bC ll.bi /' ( \' 44 ' ~ ?~.y,.. , .86 :Y' ~ -/\''('~ \ " \ \ \ \ \', - - - -t-" \ ~" ____ ~ I' \ \ ' ,.. u'. \ \ 1 9.6\'t' ...>-: ~ \ - " . \ ' ~ \ \ I'" ,.. I " '$ \ L I I ',,s- \ \ / l' ~ I ..,,'\9~ \ / . \.J" 1:)- \ ~ '\1. I . <96''::'f.9.. - I Z t':'(' -'\ \ ' 10 I -?ij, \ \ 1\ ;;l\~ I ", \ . I \ ~ c:: I ", \ \ I '. . I ~ I EXISTING 30' 'MDE ", \ \ I \ r DRAINAGE EASEMENT', \ \ \ I " ./rtCCORDING TO RECEPTION 'z /' \ , , I NUMBER 811608 . \ ..~':..-- ,I 'I I ..A- ',I' 7.85' _-- \ , ~ -- , 1 -"-.--- \ - '>-- - - -- \ . I I "'~ \ \ ..... VI ~o ~ \\ \ . ~ it> FOUND BLM BRASS CAP \ 01\"'- SE CORNER SECTION \ \ 0.. I T5S, R82W OF THE 6TH P.M. \ \ ' L -- /' -\'A---~ -=--==--=-----, /'-- _.,/' \ - -- - .' \\ \ T-- l--- ,.- f- - - \\ \"';--" \ --------,- ..-" \\ \\03 ""l._ .J ..- . --- -- ---- \ \ Cjl ~O \ . . _ ,-:- - _ _ ___ , . _ ' . ,("l - . . --- . , - \ \ (f) . \ \ \ ~. \ \ EXISTING 30' 'MDE (') \ \ .. \ RAIN AGE EASEMENT " \ II. \ ~ . . . ACCORDING TO RECEPTION \ ~' \ NUMBER 811608 \ ~' \ SCALE, " - 3D' \ I i '\ NON-TANGENT '\ !:i == 49'31'52" \ \ \ : . \ R = 82.54' II ,I ~L-71.36' \ \ \ . . . CB== N 19'33'26" W \\ C=69.1S' I \ :\ \ \ I I I I \ \ I I i \ . \ z II .\ I Y o I I I CJ-30' _.._ v.a. ___..---" ~ I I, .1---..-..-"-"-"-" No I I I.J..-....- I NON- TANGENT ~ I I I I I !:i == 17'07'03" I I I I R == 17978' :E I I I FOUND BLM BRASS CAP L - 53' 71' I I SE CORNER SECTION CB= N 04'15'S4~ E I I T5S, R82W OF THE 6TH P.M. , I \ I - C == 53.51 -I _ _ - -_ - . '--.t -1,. ---- -- L_ -- - 1- --- -- I....... I --- ---- - I -r --- --- .... ,- - _--- 143. Z----- .>- 0.5 - _ _ _N 87'27'45" W184,03' + S 86'20'25" W 313:15;- (liE) - - - - DATE: JANUARY 20, 2005 JOB NO,: 2011095.14 -- 0932 \EXHIBIT -DRAINAGE HIGH COUNTRY ENGINEERING, INC. 14 tNtftI:88 DfIYE EAST, STE F-12O 1SI7 EI..AKE AveQ:. SUTE 101 B<<l.EWOOO, co 80112 CI.ENWOOD SfftG9. co 81601 (303) 925-0544 (970) 945-8876