HomeMy WebLinkAboutR05-132 Miller Ranch utility and drainage and snow storage easement vacation
Commissioner KLill\ ( 6Vj moved adoption
of the following Resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 2005 -
MILLER RANCH SUBDIVISION UTILITY AND DRAINAGE AND SNOW STORAGE
EASEMENT V ACA TION
File Number G-00022
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 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 Eagle County & Berry Creek LLC
(hereinafter referred to as "Petitioner"), the Board was asked to vacate a portion of the utility and
drainage easement and snow storage easement located on Lot 76, whose street address is 3 Cross
Timber, Miller Ranch, Edwards, Colorado, dedicated to the public according to the Amended
Final Plat of Miller Ranch Filing 2 as recorded on August 17,2004, at Reception No. 888021 in
the Office of the Eagle County Clerk and Recorder; said easement vacation parcel being 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 easement was mailed for the public hearing before the Eagle County
Planning Commission and published in the Eagle Valley Enterprise on June 9, 2005, for the
public hearing before the Board; and
WHEREAS, at its regular meeting of June 1,2005, the Eagle County Planning
Commission recommended approval of the vacation of the subject easement; and
WHEREAS, the Board conducted a public hearing on July 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.
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 of the public easement.
THAT, the application for approval of the vacation of a utility and drainage easement and
snow storage easement described in Exhibit "A" is hereby approved, subject to compliance with
the following conditions:
I. 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 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
condition two.
THAT, upon the date on which the last of the following documents has been recorded
with the Eagle County Clerk and Recorder: I) 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 July 12,2005.
2
.
.
COUNTY OF EAGLE, STATE OF
COLORADO, by and Through Its
BOARD OF COUNTY COMMISSIONERS
/\
Tom C. Stone, Commissioner
Commissioner H1e) v1~ t1 I seconded adoption of the foregoing
resolution. The roll having been called, the 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.
,
APPROVED AS TO FORM:
I /. 0/
BY-L( /'~t4,/ ! /1 /
Eagle County A.ttorney's Office
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G:' C? ~ UTILITY AND DRAINAGE
C\j ~ EASEMENT, AND SNOW
l.t)..... STORAGE EASEMENT
UTILITY AND DRAINAGE .~ AREA TO BE VACATED
EASEMENT AND SNOW "-
......
STORAGE EASEMENT C/)
TO BE RETAINED
CRee. No. 888021)
N18.50'17"E
9.01'
^'
POINT OF ^'
BEGINNING
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0 ~
-......J
TIE - N 87"05'21" '-.
6.61' 0
-......J
fj, =0.33'09"
R=2890.86'
L=27.88
T=13.94 UTILITY AND DRAINAGE
CH=S6g.42'08"W EASEMENT AND SNOW
CD=27.88 STORAGE EASEMENT
TO BE RETAINED
CRee. No. 888021)
01121 'dwg'.ncroach_flI2_..pt04
NO DATE REVISIONS BY
SCALE: 1.'=10' LOT 76 EASEMENT EXHIBIT MARCIN ENGINEERING 1.1.C
FIGURE DATE: 03-29-05 MILLER RANCH - FILING 2 P.O. BOX 1062
2 AVON, C01.0RADO 81620
PAGE 2 OF 2 EAGLE COUNTY, COLORADO 970-748-0274