HomeMy WebLinkAboutR10-009 Lake Creek Farm, Lot 3 Utility Easement VacationCommissioner c~T~L1 ~`-~l moved adoption
of the following Resolution:
I30ARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 2009 -
Lake Creek Farm, Lot 3 Utility Easement Vacation
File Number G-2478
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 (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 Eagle County Engineering
Department (hereinafter referred to as "Petitioner"), the Board was asked to vacate Utility and
Drainage Easements dedicated to the public by the Lake Creek Farm Final Plat recorded at
reception number 745839, more particularly described as "utility and drainage easements to be
vacated by this plat" in Exhibit "A" (the ``Easements") attached hereto and incorporated herein
by this reference; and
WHEREAS, notice of the public hearings to consider the proposed vacation of the
Easements was published in the Eagle Valley Enterprise on November 12, 2009 for the public
hearings before the Eagle County Planning Commission and Board; and
WHEREAS, at its regular meeting of December 2, 2009, the Eagle County Planning
Commission recommended approval of the vacation of the Easements; and
WHEREAS, the Board conducted a public hearing on December 15, 2009, to consider
the Petitioner's request; and
WHEREAS, at the aforesaid public hearing, the Board determined that the Easements 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.
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 or Vice-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 Easements.
THAT, the application for approval of the vacation of the Easements 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 Applicant in this application and all public meetings shall be adhered to and
considered conditions of approval.
2. The vacations 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.
THAT, upon the date on which the Resolution of the Eagle County Board of County
Commissioners has been recorded with the Eagle County Clerk and Recorder for the vacated
Easements, the Board thereupon divests, relinquishes and vacates any and all rights it may have
in the vacated Easements described in this Resolution and the attached Exhibit "A".
// SIGNATURE PAGE TO FOLLOW //
MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of
Eagle, State of Colorado, at its regular meeting held the ~p -day of ~ 2010,
COUNTY OF EAGLE, STATE OF
COLORADO, by and Through Its
ATTF.ST~ R(~ARI~ (~F ((~T TNTV C'(1MMTRCT(INFRQ
Sara J. Fisher, Ch irman
County Commissioners
Commissioner ~'` ~~~ seconded adoption of the foregoing
resolution. The roll having been called, the vote was as follows:
Commissioner, Sara J. Fisher
Commissioner, Peter F. Runyon
Commissioner, Jon Stavney
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This Resolution passed by ~ ~ d
the County of Eagle, State of Colorado.
vote of the Board of County Commissioners of
Clerk to the Board of