HomeMy WebLinkAboutStaff Report 04.21.14Boa rd of County Comm issioners, April 21 , 201 4
Publ ic Hearing Exhibits -CR 103 Road Vacation
Exh ibit Exhibit
1
' Letter '
(A to Zl
A Public no tice documents including Publication an d M ai l Receipts
B Garfield County 2013 Land Use and Development Code, as amended
c Garfield County Comprehensive Pl an 2030, as amended
D Appl icat ion
E Staff Report
F Staff Presentation
G Email dated January 22, 2014 from Mike Prehm, Road & Bridge
H Email dated January 29, 201 4 from Dan Roussin, CDOT
I Email dated January 30, from Chris Hale, Mountain Cross Engineering
J Letter dated October 29, 2013 from Devin Drayton, CDOT Construction Manger
(w ith att achments)
K Draft Resolution accepting land for pub lic road purposes
L Draft Reso lution vacating portions of County Road 103
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EXHIBIT ______ I A
Garfield Coun
PUBLIC HEARING NOTICE INFORMATION
Please check the appropriate boxes below based upon the notice that was conducted for your public
hearing. In addition, please initial on the blank line next to the statements if they accurately reflect the
described action.
p My application required written/mailed notice to adjacent property owners and mineral
owners.
':;f._ Mailed notice was completed on the li2_ day of MttVL.((\ , 2014.
~ All owners of record within a 200 foot radius of the subject parcel were identified as
shown in the Clerk and Recorder's office at least 15 calendar days prior to sending
notice .
..::;:.,. All owners of mineral interest in the subject property were identified through records in
the Clerk and Recorder or Assessor, or through other means [list]-------
• Please attach proof of certified, return receipt requested mailed notice.
;Bl. My application required Published notice.
Notice was published on the ;}._O day of fv\a v-c.b , 2014.
• Please attach proof of publication in the Rifle Citizen Telegram.
0 My application· required Posting of Notice.
Notice was posted on the dJ.O day of \'l\a (C.Jr\. 2014.
Notice was posted so that at least one sign faced each adjacent road right of way
generally used by the public.
I testify that the above Information is true and accurate.
Name: _J=>u_'-"'-[ '"""'l e...'--:-'-(;.....=.(J.::;~~7-<=----
Signature: q1w 1, f/uztiJL
Date: 'f-fO -IL{
Ad Name: 10028547A
Customer: Julie Pratte
Your account number is: 4533593
PROOF OF PUBLICATION
TH£ RIFLIE
CITIZEN Tf:LE6RAM
STATE OF COLORADO,
COUNTY OF GARFIELD
I, Jim Morgan, do solemnly swear that I am General
Manager of The Rifle Citizen Telegram, that the same
weekly newspaper printed, in whole or in part and
published in the County of Garfield, State of Colorado,
and has a general circulation therein; that said newspaper
has been published continuously and uninterruptedly in
said County of Garfield for a period of more than fifty-
two consecutive weeks next prior to the first publication
of the annexed legal notice or advertisement; that said
newspaper has been admitted to the United States
mails as a periodical under the provisions of the Act of
March 3, 1879, or any amendments thereof, and that
said newspaper is a weekly newspaper duly qualified
for publishing legal notices and advertisements within
the meaning of the laws of the State of Colorado.
That the annexed legal notice or advertisement was
published in theregularand entire issue ofeverynumber
of said weekly newspaper for the period of !
consecutive insertions; and that the first publication
of said notice was in the issue of said newspaper dated
3/20/2014 and that the last publication of said notice
was dated 3/20/2014 the issue of said newspaper.
In witness whereof, I have here unto set my hand this
03/24/2014.
My Comm~sioo Expires 1110112015
Pamela J. ~hultz, Notary ublic
My Conunission expires:
November 1, 2015
PUBLIC NOTICE
TAKE NOTICE that Crystal Ranch Corp and Clil-
lord Cruise Ranr;h Co LLLP have applied to the
Board of Counly Commissioners, Garfield County,
State of Colorado, to request approval or a Road
Vacation/relocellon for a portion of Counly Road
103 (Crystal springs Road). This site Is located
within lhe County of Garfleld, State of Colorado,
to-wit~
Legal Descdp6on' See Attached pages for Righi of
Way to be vacated.
pregUca! Descrlp!io~· East of the Town of Carbon·
dale and nor1h of tate Highway 82 on CR 103
(Crysral Sprfngs).
~To vacate a portion of road right-of-way
and relocate that right-of-way to Incorporate Iha
road based upon recenlly completed Improve·
ments.
All persons artected by !he proposed Road Vaca-
Hon are Invited to appear and slate !heir views,
protests or support. It you can not appear person·
ally at such hearing, lhen you are urged to slate
your views by letter, as the Board ol County Com·
missioners w!ll give consideration to lhe comments
of surrounding property owners, and othe1s affect-
ed, In deciding whelher 10 granl or deny Iha re·
quest for a Road Vacation I refocatlon for a portion
of Counly Road 103. The applicallon may be re-
viewed at the office of the Community Develop-
ment Department located at 108 Bth Street, Sulie
401, Garfleld County Plaza Bufldlng, Glenwood
Springs, Colorado, 81601, belween the hours of
8:30 am. and 5:00 p.m., Monday through Friday.
A 11ubllc hearing on the appllcallon has been
scheduled for the Aprll 21, 2014 at 1:00 PM, In
the Commission Meeting Room, County Admlnls·
lrallon Building, toe 8th S!reet, Glenwood Springs,
COB1601.
Plannlng Department
Garfield County
COUNTY ROAD 103 ROADWAY
TO BE VACATED
LOT 10, SECTION 26, TOWNSHIP 7 SOUTH,
RANGE 88 WEST OF THE
SIXTH PRINCIPAL MERIDIAN
COUNTY OF GARFIELD, STATE OF COLORADO
ROAPWAYTO BE VACATED
THE ROADWAY TO BE VACATED BEING A
PORTION OF THAT ROADWAY DESCRIBED IN
THE DOCUMENT RECORDED NOVEMBER 10,
1993 AS RECEPTION NO. 4549n OF THE GAR-
FIELD COUNTY RECORDS AND WITHIN LOT 10
OF SECTION 26, TOWNSHIP 7 SOUTH, RANGE
68 WEST OF THE SIXTH PRINCIPAL MERIDIAN,
COUNTY OF GARFIELD, STATE OF COLO-
RADO, WITH ALL BEARINGS CONTAINED
HEREIN BEING RELATIVE TO A BEARING OF S
89°59'06" E BETWEEN THEN 1116 CORNER OF
SAID SECTIONS 26 AND 27 AND THE N-C 1/16
OF SAID SECTION 26; SAID ROADWAY TO BE
VACATED BEING MORE PARTICULARLY DE-
SCRIBED AS FOLLOWS:
BEGINNING AT A POINTON THE EASTERLY
BOUNDARY OF THE PROPERTY DESCRIBED IN
THE DOCUMENT RECORDED NOVEMBER 2,
2006 AS RECEPTION NO. 710307 FROM
WHENCE SAID N 1f16 CORNER BEARS
N.46°54'41"W., A DISTANCE OF 4,448.44 FEET;
THENCE LEAVING SAID BOUNDARY AND
ALONG THE CENTERLINE OF SAID RECORD·
ED ROADWAY THE FOLLOWING THREE (3)
COURSES:
1) 47.92 FEET ALONG THE ARC OF A CURVE
TO THE LEFT, 372.29 FOOT RADIUS, CENTRAL
ANGLE IS 07'22'28" (CHORD N sa~33•53· E.
47.88FEEn;
2) N 34°52'40' E, 123.76 FEET:
3) 172.05 FEET ALONG THE ARC OF A CURVE
TO THE RIGHT, 1122.80 FOOT RADIUS, CEN-
TRAL ANGLE IS 08"46'47' (CHORD N 39°16'03'
E, 171.88 FEET) TO THE POINT OF TERMINUS
FROM WHENCi:; SAID N 1/16 BEARS N 54"20'06'
W.A DISTANCE OF 4,446.71 FEET.
SAID ROADWAY TO BE VACATED CONTAINS
20,207 SQUARE FEET OR 0.463 ACRES, MORE
OR LESS.
Published In the Cillzan Telegram March 20, 2014.
(10028547)
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II Attach this card to the b.ack of the mailplece,
D Agent
D Addressee
or on the rront if_ space per_mits.
1----------c----------11 D. IS de.1iVery'e:ldreSs different from item 1? D Yes
1. Article-Addressed to: If YES, enter delivety address below: D No
C. Date jlj De~vfry 3-l<t-11
Bureau of Land Management
2300 River Frontage Rd
Silt, CO 81652 3. SerV/ce "fype
D Certified MaHit
CJ Registered
D l~ii?i;Jre~ Mail
a Priority M8il Express"'
CJ Returii Receipt for Merchandise
0 Collect on oeriveiy
4~ Restricted Delivety? (Extra Fee) DYeS.
I 2. Article -~urpb~r; i : i i
{!tansfer from service label)
" PS Form 3811, July 2013
7013 1710 ODDO 9279 7109_. __ "
Domestic-Return R_ecelpt
11 Complete Items 1, 2, and 3. Also complete
jtern 4 if Restrlctecl Delivery is desired. •;
• Print your._nam~ and address on the reverse
. so that We can return the card t.o you.
II Attach this card to the back· of the mailplece,
or on the front if space permits. ·
. 1. Artfcle AddresSed to:
I
I!
I
i John Davis
l P.O. Box 2025
I _c_a_r_bo_n_d_a1_e_,c_o __ a_1_ 62_3 __ _
.J
I L\=3=. ::=se=rv:;:=lc=e:;:Ty:=pe==============
D Certifie:d Mall® D Priority MS:ll Express"'
I
D fi:_egrstei'ed O Return Receipt for Merchandise
.o·fnSured·Mail 0 Col!ectoitDelivery
4. Restricted Delivery? (Extra Fee) D Yes
' I 2. Article Number 7013 1710 0000 3078 6080 ~l-~(71<l~·~ns1e~·;';~o~m;::se~rv~~:•=lab~.~~)L· _.::;;:::::;;::=;:=::=:;=::=:::::~::;-~~~~-----~~~---
.I PS Form 3811, July·2(l13 Domestic Return Receipt ----·--_______ J !_ ...
II· coniplete items· 1; 2, arid ·s. Also corTij:>lete
item 4 if Restricted Delivery is desired.
a Print your name an.d addre~s on the reverse.
so ·that we can return the card to you. i 11 Attach this card.to the back of the mallplece,
/ __ or~o_n_t~h~e~fro_n_t~if~·•_P_a_ce_pe_r_m_lt_s. _____ -,f-.,..--4;.,;;t,....,"":i!°"'~-'c:c:---c--'-:::-r0~v.~e=s----<
I 1. Article Address_ed to: D ·No
i 11·~-----------1
11!1 ·,r, Thoma.s & Marilyn Hays .
1i") P.O. Box 717
1
l.!;:3=.::=5=.rv=ic=e::=Ty=p=e=========="".
Carbondale, CO 81623 D certified Mail• D Priority Mail Express~
! I J 0 Reg!Sterfld 0 Aeturq ReCelptfor Merchandise : r·· --·----··-------------------__________ , CJ lnSured_M~il D-Collecton'Dellvery
j-:-:-:-:-:--::c-.:-:---------;::==============~4=.=R=e=~=rfc=re=d=D=e=liv=e=~~?=(Ext"'.".'ra~n~e~~~~""']D_._v._e_s __ 1
2. Article Number 7013 1710 0000 9279 7017
1 (Transfer_from service labelj
I i:. PS Form 3811, July 2013 Domestic ·Return Receipt
!
-~ _v_v~ 1_1i.i1t:'..~~ _1lt;:1/ 1.~. _•, -~. anc;i_ ;:i_._ f\ISO com-plete
· ·_ 1teni. 4·Jf:8e~tricted ·oalhi_S,.Y is d8sired. · ~
1J Pr!nt your name· and address-on the reVerse
so_._that we can retµ.rn the card tci you.
'" Attach this card to the back of the mailpiece,
or on the front If space permits.
1. Artlcle Addressed to:
. \
D Agent
D Addressee
C. Date of Delivery
D. Is de"!iverY address different from itein 1? D Yes
If YES, enter delivery.address below: D No
-~----------.--------·---· -· ,, -1
\l Clifford Cerise Ranch Co.
, 86 County Rd. 104
3.
Prior! Mi:iil Express"'
1 l Carbondale, CO 81623
I~~~~~~~~ eturn Receipt for Merchandise
DYes.
· 2. Article Numqer: : . rr--
(!ransre} train serv1de label) -1013 1110 0000 9279 6966
PS Form 3811, July 2013 oOmestio Return Rece_lpt
• Comii19i~ items 1, 2, ~nd 3. Also complete
Item 4 If RestrlC:ted Pelivery is desired.
• Print yOur naine and_ ad9ress on the reverse
so that we.can return the card to.you. . .. ;
• Attach this card to the back of the mailpiecei(
or on the·frontJ.f"sp~<,:e permits. ~:~'·>·
-1 _-Art-ic-le_A_d_d-re-ss_e_d~to-: "-,--------·"·:.~~"';·.~?-, --< ·:.D. Is delivery address different from Item 1? o
0
)'<Nes
" ,·~ . If YES, ~nter delivery address below: o
Richard & Connie Mc€rudden
499 Wooden Deer Rd.
Carbondale, CO 81623
' . ,
3. Service Type
D Certified Mail®
D Registered
d Insured Mall
Cl PriOrity MaU Express"'
D Return Receipt for Merchandise '
D COiiect On Delfvery
4. Restricted Delivery? (Extra Fee) D Yes
2.· ArtlcleNUrTib~r( ! i . :
(TranSfe~frbm 's'efvlde la6eQ 1013 1110 0000 9279 6980
1r-PS·F~m-3811,-July2013
/' p
I
I-• Cornplete Items 1, 2, and 3. Also complete
item 4.if.R0stricted Delive"ry Is d~sired.
I 111 Print your _name and address oh· the .reverse i so that we Can return the card to you.-
I • Attach this card \o the back of the mallpiece,
l or on the front if space permits.
I :1. Article Addressed to:
\~~~~~~~~~~-
\I
I!
Thomas & Mary Beth Joiner
1290THwy. 82
Carbondale, CO 81623
11 --------) ·---·--·------. -
3. serV!ce 1'ype
D certified Mall®
Cl Reg.rstered
Cl Insured Mall
DYes
DNo
D Priority Mall Express"'
Cl Return Receipt for Merchandise
Cl Collect o.n Dellvery
4. Restricted Delivery? (.Extfa Fe9) OYes
1· 2. Article Number: .
(T ransfe~ _trofn Servi~e labeQ 1013 1110 0000 9279 7079
i! PS Form 3811. July 2013 Domestic Return Receipt
• Complete items 1, 2,and•3. Also complete
it_em 4 If Restricfed Delivery i!? desired.
II . Print your name ·a.na address on the reverse
so th8.t we ~an return the cart! to you.
• Attach this card to the back of the mailpiece,
D Agent_
D Addressee
' . Date of Delivery ·
or on the front If space permits. 0 L-.::::_::_:_::_:::_::_:::_:_::_:::_::::_:::_ _______ .,.;.f 1:..:p;<'-is d_ellvery addreSs different from item 1? Yes
1. Article Addressed to: If YES, enter del!very address below: D .. No
1 f~~~~ ~~~:~ B~~F 0~~~-;~~-7 1 ~M/? 19 20
Attn: BOK CRES BTS-36 l!;:s=. ·=~e=rv=10.=,=YP=.====~~====
P.O. Box 2300 D Certified Mail• D PrlorityMailExpress'" l Tulsa, OK 7 41 3 5 D Registered D Return RecelptforMerchandlse •
D ·insured Mail D Qollect on Delivery
4. Restricted Delivery? (Ext;a Fee) D Yes
i PS; Form 3,81.1, Jyly 2,0)3; ; ; , i ' : ; Domestic Return Receipt
1. Article Addressed to: " :
BOKF NADBA BK OF OKLHOMA
SCCR IN INTT
5956 Sherry Lane, Ste. 6.00
Dallas, ix:75225 3. Service Type
. o-Certified Mall® D Pi'loi'ity Mall Express"™
CJ Reglst~red D ReturlJ fje6elpt for Merchandise ;
D Insured. M~: · .;f. Hect on Delivery
4. Res ·· • • Fee) CJ Yes
7013 1,710. Ql;Jtl'til~flj'I~·ab
- . .,,t.,. ·:!iS:s:.: ri '
------------~-· ·----·--~-·--·-'· . _ . . . , . Doryiestfc ·Returri Receipt
··-·"-'--C....-.-~~------'-·---------------~-----·----·------·---'--J
11 corliPiete-iiemS 1, ?;·and 3. Also· c.orTiplete.
item 411 Restricted Delivery Is desired.
II Print your name and address on the reverse
so th~t we can return-the card to you:
• Attach t~ls card to the back of the mailpiece,
or on the front if space permits,
1. Article Addressed to:
Arthur McMahon Family Trust
1411~.fifalkirk Lane K~fi'lisaw, GA 30152-6701
l ,.
D Agent
D ·Addressee ·
.C. Date of Dellvery ·
.o. Is ct811Veryaddress differentfrOm ttem .1? D Yes
If YES, enter delivery address below:· 0 No
3.· Service Type
D Certified Mall• D Priority Mall Express~
D Registered D Return Receipt for Merchandise
D Insured Mall D Coll~ct on Deliyery
4. Restricted Delivery~ (Extra Fee) D Yes
2' ArtlcleNumber 7013 1710 0000 9279 7031
I-.-. ,_m~. ran'.:.'.::.':'.'.'""..':'.:". to:'.'.m'.'..'=:'."'.'.:'':_i~::•_:la'.'.'..be:!Q'...,.....'.:::=============-'"=;_;;.;;.;~~...!----
1[ i PSiFdrin 3811 / july·2013 Dbm~stlc Return Receipt
II Complete items 1, 2,: and 3. Also complete
Item '4 ltRestricted Delivery is desired.
II' Print your name and address on the r,everse
so that we can return·-the card to. you. I II Attach this carcj to the bapk of the mailplece,
) __ o_roc.n_t_h_e:...f_ron_t· i_f.::spc.a_c_ce_c_p_e_rm_i_ts_, ------i
1
if 1. ArticleAddressed~'_ _____ ------,~
D Agent
D Addressee :
.C. Date 6f Delivery
D. Is def[Ve addrBss different from item 1?
If YEs;·en1~~-eJi~ery address below.
-.. ' ·-., "-
DYes
D No
II Bailey Family Investment Co. ; ;.~)
11 c/o Iron Rose Ranch J..!;::3=_::::5 .=M=.0::!0 ~ . ..:·~H ,
I l Cla oroboonBdluaele,H ceroon81L6an2e3 .. ·,ti"C-ertifie ~ .. ;~o Priority Mall Express"
I -'-Q1"ieels~~--i:rReturnRecefptfOrMerchandise ·
· t:J ·rnsured.:Maf( o-Co!l~ct on DeU:u-ery I 4. Restricted Delivery? (Extra Fee) 1:~~~;_~,_,-~-;-==========~=============-~==~-=,l-'-~~-
1 2. l\ttlcleNu[ntier' i---70, 13 1710 0000 9279 6959 I I (Tlrmsler'ttorii serVlce talJeQ . ·
0 Yes
r.Qi:~P~S:F~o:rm::.:_:3:8;1~1~,~·J~u~ly~2~-0~1~3~~~~=D~o~m=e=st=ic=R=e=tu=rn~R=e=ce=lp=t::=::::::':=::::::::::-:ccc-=c:=::c-::-:=~~~:--:-
f'
I
I
I
11 Compl~te iiems 1; 2, and s:AJ~o complete
iteni 4. if ResMcted DelNery is desired.
11 Print yq_ur na:rne and_ address on. the_ reverse
. so .that we can return the card to you.
11 Attach this card to the back of the mailplece,
or on the front lfspace pemilts. ·
:f. Article Addressed to:
j( ----...._
0 Agent ,
Ci Addiessee :
O. Date of Delivery ·
DYes
DNo
Ji II Ii.• Brian & Sandra Gaddis
121 S County Rd. 111 / ~3=_:;80=rv1=00=li:=yp=•=--;:_:;,~::;; .. ,;;::"~;;:,. =======
// Ca_rbondale, CO 81623-9218
1
, o certified Mair• o Priority Marr express"
JI~· ---------------'--~1 . CJ Reg.lstered ·O Retlirn Receipt for. Merchandise
I 0 lnSured f'Aail D Col/!3Ct o_n Delivery
! ~· Rest'ricted Delivery? (5xtra Fee) /l-;;2-.~Art~r:cre:-;;Nu:m:b:e~r.---rr~===7=0=1~3~1"=7~1"""'"="====================::::;---~~
I (Transfer trom service !abaO 0 0 0 0 0 9 2 7 9 7 0 0 0 I
DYes
1 •.. PSform38r1~Jui'/'2o1:3.
~-----------
Gary Clyde & Catherine Marshall
12748 Hwy. 82
Carbondale, CO 81623
I
I
\ k::=========
\
\
(fl'artsfer .frorri SerVfce lab_eQ
, PS Form 3811, July 2_013
t
Domestic Return Receipt
. ' . ..
R Complete Items 1, 2, and 3. Also complete
~tern 4 if Restricted Delivery Is desired.
11 Print your name ;;i.nd address on the reverse
so that w~ can return the card to you. B. RecelveA1,J;iY (Pripte
II Attach this card to the back of the mailpiece, An f'} I' I <I e .JP').-,..,_,.,
or on the front If space permits.
-------------------11 D. Is delivery address different fro
1. Article Addressed to: If-YES, enter delivery address below:
Kimiko Powers
1311 2 Hwy. 82
Carbondale, CO 81623 ' t:l Priority Mall Express"'
CJ Return Receipt for Merchandls~ ·.
2. Article Number
(Transfer from service /abeQ 7013 1710 DODD 9279 7116
Domes1ic Return Rect:1Jpt
11 Complete Items 1, 2. and 3. Afao complete
item 4 If Restricted Delivery is desired.
l!I Print your name and address on the reverse
so that we_.can retu_rn the card to you.
II Attach this card to the back of the mailpiece
or on the front if space permits. '
1. Artfc!e Addressed to:
Brad & Julie Hardman
P.O. Box 12232
Aspen, CO 81612
D. Is d01ivery address different from Item 1?
If YES, enter delivery address below:
3. Service Type
J!f Certified Mail® CJ Priority MElll Express""
D Registered D Returri Receipt for Merchandise
D Insured Mall D Collect on Delivery
4. Restricted Delivery? (Eitra Fee) D Yes ·
2. Article Number
(Transfer from service /abaO 7013 1710 ODDO 9279 7024
PS Form 3811, July 2013 Domestic Return Receipt
; SENDER: COMPLETE THIS SECTION ' • . ,
·' . '
11 Coniplete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
II Print your name .and address on the reverSe
so that ~e can return the card tO you. ·
11 Attach this card to the back of the mallpiece, /~
or on the front If space permits. I ...._.
1
1. Article Addressed to:
·7Rr--·
\:.~~:·;,
j:~athan & Lucie Fitch
l,2 Williams Lane
C:happaqua, NY 10514-2623
I ;:: I ' . ' ~ ·~
COMPLETE THIS SECTION ON DELIVERY
'--' ' '
3. Service Type
LI Priority Mail Express,,. D Certified Mall®
D Registered
D ·insured Mail
D Return Receipt for Merchandlsi:i ·
D Ccillect on Delivery
4. Resfrrcted Delivery? (Extra Fee) 0 Yes
2 .. Ai:tlcle Number
(Transfer ~rom service label) 7013 1710 DODO 9279 6973
PS Form 3811 .. July 2013,
-· - -Domestic Return Receipt
-_}
Bl ci0rnpl0~e items 1,-2,_'Srid 3. Also complete
item 4 if RElstr_IGted DelivQry is desired.
111 Pi'int your riaine aod 8.d_dress on the reverse
so that we can return the card to you.
Ill Attach this card to the back. of the mall piece,
or on the frqnt If ,space permits.
1. Articlei.'Addressed_ to:
~gent
D Addressee ,
D. 'ls deiivery adctresS different ti_OiTI ltein-1? D· Yes
If YES, enter delive.ry address below: -'9fl'Jo
1 -----------------~----~~.
Jj
! State Department of Highways ,, U=======:::;:======
I 4201 E. Arkansas Ave. ' .3. Service Type
I Denver, CQ,:·80222 Cl certified M•ii•
I D ReQistered
D Insured Mail
Cl Priority Mail EXpross"
J;J Return Receipt for Merchandise
0_ Collect o_n De11v~ry '
m C_omplete Items 1, ·2, and 3. Also complete
item 4 lf Restricted Delivery Js desired.
II Print your name 13nd address on the reverse
so that we can return the card to you.
11 Attach this card to the back of the rnallplece,
or 011 the front if space,.permits. ,
4. 'Resfrlcted Delivery? (Extra Fee) 0 Yes
.. ~ l:.
· 1. Article Addressed to:
I •
D. Is delivl;lry address ·different frorn Item ?
If YES, enterdeliVery,address below:
il
1
' ·-~11
Kathryn Ann & William Sollock
I. L!r.;=:;:===:=;===================== t I 12752 Hwy 82 -I 3: Service Typo
j [ Carbondale, CO 81623. I Cl Certified.Mall• Cl Priority Mail Express"
D Registered Cl Retlirn Re.colpt for Merchandls~ I~--------------) . i D ·1nslrred Mall D Collect on Delivery
j 4'. Resfrlcted De.llvery?. (Extra Fee) ·o Yes.
]-. ;:2.-;7f:;;;;.;;;;1~;;;101eN~u:;;f:;;;~;;;e:7~rv~i~ce-ki~-b-iiQ-.-::j===7=a=1=3=1=7=1=01::· =0=0=0=0=9=2;7;9;;,;;::7;::0;;,5;::5~=~:'...'.:=:. __
:,-c_;;P:;::S';:F::o::rm:'.'_o~o~"<~"<1-._ J7_u'.:'IY_-':2:::_0::1::'.3~~---.-D-om_o_s_tlc_R_o_tu~m"'.R=e=c=el=pt=========:_.--. ---'-',
, • Corripl~tteinf1, 2,,and3. Also complete.· l Item 4 If Restlicled. Delivery ls desired.
• Print.your. name and address on the ieverse
_ so that w_e can: return the card to you.
• At!ach this card io I.he back of .the mallpi'ece,
or on the fr()nt ~space permits.
I 1. Article Addressed to:
ill--------------:",,:_;·;,
I ,;¥·~ A
--·--------·------------'
), Jon'Tefs•& Lisa Gail '\.
[: 624'3'dKey Dr. L!;::=============
·
1
1. Fort Lauderdale, FL 33304 3. Sorvice'fype
, 1 Cl Certified Mall
I ' Cl Registered
Cl lnsuiad Mali'
Cl Express Mall
D Return Receipt for Merchandise l
Cl c,o.o. l
i 4. Restricted Delivery? (Extra Fee) 0 Yes
'1 2. Article Number , ; , , , , , ,
1
-
1. (liiansfer (,,,ni ,J,i,;i;J ,_LL; ; r•---"""'°"" ___ ·~-·'--~'--~~""""'"""-="'"""=:;;;""';;;;;..~;;::c~-----;;:;;:_-_. ________________ '
\ PS Forrn_3811, February 2004 ~o-~~~~i~-~~eturn Reqelpt 10259~2-~--~~~;-
7011 3500 ODO~ 4l72 1001
x
B.
O Agent .
O Addressee·
C. 01*-of Delivery '
! ~ s del~~-diffeientirorrl'ltem 1? O· Yes
( 1. ArticleAddressedto: rtYE~~'.·"· ~~~l~err.~addressbeJOW. CJ°No.
I . . --· . ..._~. ) ) ;
I . '#. /v, / I Michael Stahl ~.J"-....~..,Q. .
I . ·1 2905 Hwy. 82 3. ~pe
I Carbondale, CO 81623 o Certified Mail" O Priority Mail Express-
\ , D Registered Cl Retul'f! ReCeipt for Merchandise
) '·---·---Cl lnsui:ed. M~I CJ -Collect on Delivery I . . I 4. ~estilcted Delivery? ~.F~)_ ... _ ... r,:i 'res
I 2. ArtlcleNumb~r . \' 71:ii3-:i.7-:i.a aaaa 9279 7:1.23 Ir---!, ! (TransferfJ'Om servJce·fabeJ)
{;. PSForm-3811, July 2013 Domestic Retu.m.Recelpt
II corriP1~ iterrts" '1 J :.2. and 3. Also complete
item 4_. if Re$frjcter;j D_elivery is desired.
, • Print:Yc)ur name and address on .the reverse
I
. so that,,,,.,· can return the card to yo\J.
•. Attach 'this card to the back of the mail piece,
or on the front if space permits.
! 1. Article Addressed to:
I·-------··-·-·--.. · .. ---------·-.
, 1 I
11 Christopher & Jonna Sue Coyle I LI;::==:::::===========
I/ 501 Wooden Deer Road 3• service Type
1 Carbondale, Co 81623 j OCertlfledMal/O DPnorityMaJIExprass-
11 --· _ __ ·-· __ ·-··-__ _ __ __ r ~ ~:!~7.i~i g ~:':.:: =~c;:i:~ Me(Chandise
4. Resfrlcted Delivery? (Extra. FeeJ ·Cl Yes
I ·~
I 2. Article Number 7013 1710 0000 9279 !:.997 ! {Transter from setvlce /abeQ I H PSForm3811.July2013 Domestic Return Receipt
.
1STUDIO
IENDWAY
INGS, CO 81601
UNITEDSTIJTES
POSTIJLSERVJCE
11 '11!11111 !Jill
U.S. POSTAGE PAID GLENWOOD SPRING.CC
81601 ' FEB 26, 'I~ AMOUNT
$6.49
00022176-12 I
. -;
7013 2630 DODD 6943 4237 ,ijOO
°"='"' 81623
Christopher & Jonna Sue Coyle
501 Wooden Deer Road
Carbondale, Co 0
' "?"
wrx.:re s•0:2 · o.t:· ·.1 ·
RETURN T-0 SENDER
· U·N· C·L A I -M·-E i)
UNABLE TO FORWARD
BC: 81601.863365 *1658-01182-19-42
s 16 01@s 6 s 3 : .1.1 111.i111.11.11!'I!1 !!II• •IHnlll'hll, i.1Ji'"'hill''llll'm
11
I
~---·------~-··-------
;1udio
lend Way
iprings, CO 81601
7013 2630 DODD
nW~% w::::i,~~ John F. & John D. Davis
' '
' . . . . · ___ ·-_ . iii/ii I II II 11 I U.S. POSTAGE
, · --81621 0002m5-12
isl f"fr?'DE -1_ ....--z 7 _
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t~T'., i \i:U. 3 -/ <f ~i~'l,jti,ii~ .. "·' ...... ·~··.· . t. · P.O. Box 966 NAME : • · .. · . ·i) Basalt, CO 816~1
1 sfNotu:::e ' ~ HI Xl E
2nd Notice
Ret\Jrn
81601@863 :>
.',"·
RETURN TO SENDER
mu:::L AilVlED
UNABLE TO FORWARD
BC: 816018633.SS *J.568-00636-1.8-31 •I
I 11I 1 1!'!1!1 !!!I !!!!11l11JI 11 I !ii I•! 1111 1l11l1J 1 hlllu11 J' !' 1 ' 11 I
1STUDIO
~END WAY
1NGS. co 81601
111 ~~rl11 I
7013 2630 DODD
Arthur McMahon Family Trust
1483 Falkirk Lane
Kennesaw, GA 301 52.5701
RETURN TO SENDER
UNCLAIMED
UNABLE TO FORWARD
(.~---· ---~-:---'-;c:---,_-·----
I --&
BC: Bl.60186:3.3.65 *1991-070.62-24-15
)tudio
lend Way
;prings, CO 81601
Ii II• I Hhi• l nff!' n 1 l l l" I\ l l J l I 1h H 1h'111•1111iliJj_il1 • !J:!
U.S. POSTAGE PAID CARBOODALE, CO
81623
MAR 17,'14
AMOUNT
.···.~. •. '' 7013 NAME.~
$649 ooozlsso-1,0, 1710 DODD 3078 6042 1000 81623 -
1st Notice~. . '?g ~ Z.f;
2nd Notice~AR r,, !J """'"$
Return.· APR -1: · ··~
.lA)\~ Todd Cramer
1411 Green Meadow Dr.
Carbondale. CO R162'.'I
81601@863 3
. ii;I >::Ii!l
RETU.RN 'TO S.!!:NDER
'N'.OT 'DELI'MERAlliLE AS ADDRES:S'ED
ll'NAB'L' .. E 'TO FORWAR'D
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The Land Studio
365 River Bend Way
Glenwood Springs, CO 81601
... ""'~"'. ,, .. ~J~~\(·f.~,.
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7013 1710 DODO 9279 6942
Ry"Mi.i Foundation
21 O fl:!oth Street
Glenwooa "Springs, CO 81 601
't:7~i{ii;:;-. .. "J'•
; .. ,
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UNITEDSTJJ.TES
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1st Notice
. ''~·
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4
U.S. POSTAGE
GLENWoobA§~RING. er
81601 MAR 18. '14
AMOUNT
$6.49
00083811-16
TYPE OF REVIEW
APPLICANT
REPRESENTATIVE
LOCATION
PROJECT INFORMATION
Board of County Commissioners
April 21, 2014
RVAC7785 -KE
Vacation of a portion of County Road -CR 103, Crystal Springs
Crystal Ranch Corp . & Clifford Cerise Ranch Co ., LL.LP.
The Land Studio, Inc. -Doug Pratte
1. 78-miles east of the Town of Carbondale, north of SH 82
I. DESCRIPTION OF THE PROPOSAL AND LOCATION
The Applicants are requesting that certain portions of County right-of-way for CR 103, Crystal Springs, be
vacated due to improvements to the roadway that resulted in re-alignment of the road surface. The
Applicants propose to provide deeds for the new right-of-way alignment that contains the improved
road surface .
The intersection was reconstructed last year with the road surface being relocated outside of the
historic right-of-way.
Board of Co unty Comm is sioners
Ap r il 21 , 2014
RVAC7785 -KE
The se ro ad and intersection improvements were required as a condition of approval for the Power's Pit
application to continue operation of a concrete batch plant, Re solution 2011 -77 , as follow:
iii. County Road 103 and State Highway 82 Improvements. The .
Applicant shall work wi1h .Color&do Department of Transportation .and
County Road and Bridge to 'detenlline the ~sity of any additional road
improvements, including but not limited to tum lanes,
decelerationlacceleration lanes, and drainage improvements. A oopy of an
apProved. Colorado Department of Transportation access permit shall be
. provided to the P1anning Department. ·
iv. Improvements Agreement. The Applicant shall desigri, engineer,
eonstruct and provide adequate financial sccwity for any work to be
completed on Co.unty Road l 03; iri .a fonn as required by the CoWlty and
pursuant to the Garfield County Road and Right-of-way RegUlations.
c. The applicant shall deed tO the Comity all portions of County .Road 103 that fall
upon or cross the Crystal Ranch Corp. prop,crty.
A 'Road Construction Agreement For Construction of Improvements to County Road 103' was signed by
the Board of County Commis si oners and the Applicant on May 6, 2013 and recorded at Reception
Number 934949.
The Power's Pit {Crystal Ranch Corp.) is located on the west side and the Ceri se Gravel Pit {Clifford Cerise
Ranch Co ., LL.LP. is located on the east sid e of CR 103. Pre-construction conditions at the site ar e
shown in a GIS aerial map below, w ith the Power's Pit property outlined in blue .
Board of County Commissioners
April 21, 2014
RVAC7785 -KE
Ownership of rema ming land contained within this intersection include s Colorado Department of
Transportation (highlighted in yellow) and Clifford Cerise Ranch Co, LL.LP. to the east.
A Title Commitment was included i n the submitta l materials which indicates that there has been no
conveyance of property or an easement for that portion of the road that crosses Crystal Ranch Corp
property. Further, the commitment does indicate that an easement deed conveying interest to Garfield
County from the Clifford Cerise Ranch Co, L.L.L.P . does exist at Reception No. 454977 in the Clerk's
records.
The realignment of the intersection was not located within the deeded easement on Clifford Cerise
Ranch Co, LLLP property and a new ROW must be created for that portion of the road within the Crystal
Ranch Corp property. Thi s is being done in conjunction with the vacation of the ROW that is no longer
necessary due to the realignment.
The 2013 Land Use and Development Code , as amended (LUDC) contains regulations for the vacation of
a County Road based upon provisions contained in §42-2-301 C.R.S. which require Planning Commission
recommendation to the Board of County Comm iss ioners on the vacation of the road , as well as a
companion Location and Extent review to determine general conformity with the Comprehen sive Plan.
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3 1 Page
Board of County Commissioners
April 21, 2014
RV AC7785 -KE
Ill. REFFERAL AGENCY COMMENTS
Submittal documentation was forwarded to the following agencies for review and response.
Comments have been received from:
Garfield County Road and Bridge : Exhibit G
Exhibit H
Exhibit I
Colorado Department of Transportation:
Mountain Cross Engineering:
IV. APPLICABLE REGULATIONS
SECTION 4-101. 4-108. VACATION OF A COUNTY ROAD OR PUBLIC RIGHT OF WAY.
A. Overview.
1. Applications to vacate a County road or public right-of-way shall be reviewed
and a recommendation made by the Planning Commission, and decided by the
BOCC.
2. The provisions of C.R.S. § 43-2-301, shall control all vacation proceedings
considering a petition to vacate or abandon the entire width of any County road
or public right-of-way. The provisions in this Code are in addition to all other
requirements of State law.
B. Review Process.
Applications to vacate a County road or public right-of-way shall be processed according to
Table 4-102, Common Review Procedures and Required Notice, with the following
modifications:
1. Pre-application Conference. The Director may waive the pre-application
conference.
2. Review by Referral Agency. Staff shall request that referral agencies address the
following:
a. Whether the property is or is likely to be necessary or desirable for any
public purpose within the reasonably foreseeable future;
b. Any term, condition, reservation, or dedication of any easement or
interest in the property necessary or desirable for public purposes and
permitted by law; and
c. Any other comment relevant to the County road or public right-of-way.
3. Planning Commission Review and Recommendation. The Planning Commission
shall review all applications or petition s to vacate a County road or public right-
of-way pursuant to the provisions of C.R.S. § 30-28-llO(l)(d).
a. The Planning Commission shall conduct its review of the petition or
application to vacate a County road or public right -of-way at a Public
Hearing without required notification other than inclusion in a posted
agenda .
b. The date established for initial review by the Planning Commission shall
4 1 P age
Board of County Commissioners
April 21, 2014
RVAC7785 -KE
be considered the date of submission pursuant to C.R.S. § 30-28-110.
c. The Planning Commission may continue consideration of the application
until the next regularly-scheduled Planning Commission meeting. Under
all circumstances, it shall conclude its review and render its decision and
recommendation to the BOCC within 60 calendar days of submission.
d. The decision of the Planning Commission shall be considered a
recommendation, not a final action on the request.
4. BOCC Review and Notice. The BOCC shall conduct its review pursuant to the
provisions of C.R.S. § 43-2-301, et seq., and the requirements of this Code. The
BOCC review and decision shall be considered a legislative act.
a. Hearing Notification. Action of the BOCC shall be pursuant to a Public
Hearing. Mailed and published notice shall be provided according to
section 4-101.E.
b. Published Notice. Published notice shall include a statement that a
resolution to vacate the subject County road or public road right-of-way
will be presented at the hearing.
c. Hearing Information. During the Public Hearing before the BOCC, the
Applicant shall provide a form of resolution vacating the subject County
road or public right-of-way that is prepared by the Applicant and
reviewed and approved by the County Attorney's Office prior to the
BOCC hearing.
5. BOCC Decision. The BOCC may approve, approve with conditions, or deny the
application pursuant to section 4-101.G., or take any of the following actions:
a. Continue the Hearing. The BOCC may continue the Public Hearing as it
deems necessary to receive all information the BOCC deems relevant.
Any continuation must be to a date certain with a decision to approve
or deny the resolution vacating the County road or public right-of-way
occurring within 90 calendar days of the initiation of the Public Hearing.
b. Modified Resolution. The BOCC may elect to approve a resolution
vacating a County road or public right-of-way in a form modified or
altered from that presented. In that event, the BOCC shall specifically
direct staff to make alterations to the resolution by a motion specifying
those alterations. Such motion shall also include a continuance to allow
staff to revise the resolution and present it in final form as part of the
continued Public Hearing.
c. Final Action. No final action on a petition or application to vacate a
County road or public right-of-way shall occur until a resolution has
been considered at a Public Hearing, signed by the chair of the BOCC,
pursuant to motion, and recorded with the Garfield County Clerk and
Recorder.
d. Vested rights. No rights shall vest in the vacated right-of-way until final
action of the BOCC has occurred, including recording of the vacation
resolution under C.R.S. § 43-2-301, et seq.
6. Subsequent Action. Subsequent to recording a resolution vacating a County
road or public right-of-way, the Road and Bridge Supervisor shall delete the
SIP age
Board of County Commissioners
April 21, 2014
RVAC7785 -KE
roadway or portion of roadway from all County road maps submitted to the
State of Colorado and all reports submitted to the State claiming the road or
right-of-way as a County road.
C. Review Criteria.
A petition or request to vacate a County road or public right-of-way may be approved so long as
it meets the following criteria. However, meeting these criteria does not preclude the BOCC's
denial of a petition or application for any other reason.
1. The subject County road or public right-of-way does not provide any access to
public lands (for the purpose of this subsection, public land shall mean any
property owned by the Federal government or the State of Colorado).
Staff Comment: CR 103 does provide access to public land however that access
will not be adversely affected by the vacation of portions of the ROW .
2. The subject County road or public right-of-way does not abut or connect to any
property, including any easement owned by the Federal government, State of
Colorado, municipality, County, or special district, where such property or
easement constitutes a public park, recreational area, or trail.
Staff Comment: The right-of-way is requested to be vacated due to construction
improvements that located the road surface outside of the existing ROW which
the Applicant s seek to replace by requesting Board acceptance of deeds that
include the right-of-way description of the improved road surface. The
acceptance of new ROW deeds and vacation of portion of the existing ROW will
not impact public parks, recreation areas or trails .
3. The subject County road or public road right-of-way is not currently used nor
will it be used in the future for any County road or public right-of-way purpose
unless the BOCC makes a specific finding that a satisfactory alternative route for
the existing or future County road or public right of way purpose is available or
will be provided.
V. FINDINGS
Staff Comment: Upon Board acceptance of the right-of-way deed s for the
improved road surface there will be no use for the right-of-way reque sted to be
vacated .
1. That proper public notice was provided as required for the hearing before the Board of County
Commissione rs .
6 I P~ge
Board of County Commissioners
April 21, 2014
RVAC7785 -KE
2. That the hearing before the Board of County Commissioners was extensive and complete, that all
pertinent facts, matters and issues were submitted or could be submitted and that all interested
parties were heard at that meeting.
3. That for the above stated and other reasons the request to vacate portions of County Road 103 is in
the best interest of the health, safety, convenience, order, prosperity and welfare of the citizens of
Garfield County.
4. That the application has adequately demonstrated that the road vacation is compliant with the
regulations required by the Garfield County 2013 Land Use and Development Code, as amended.
5. That the application is generally consistent with the Garfield County Comprehensive Plan 2030, as
amended.
VII. PLANNING COMMISSION RECOMMENDATION
On February 12, 2014 the Planning Commission voted unanimously to approve a Location & Extent
application for the road improvements and road vacation. That review and approval are required as a
companion application with a Road Vacation request. Subsequently the Planning Commission voted
unanimously to recommend approval of the requested Road Vacation.
VIII. BOARD OF COUNTY COMMISSIONER DELIBERATION AND DECISION
Should the Board seek to approve the proposed request to vacate portions of County Road 103 Staff
recommends that first, the Board accept the parcels of land for public road purposes and authorize the
Chairman to sign the Resolution of acceptance. The second step is to authorize the Chairman to sign the
resolution vacating portions of County Road 103.
7 I Page
EXHIBIT
I &
From:
To :
Subject:
Date:
Kathy,
Michael Prehm
Kathy A Eastley
Cou nty Road 103 -Crystal Springs
Wednesday, January 22, 20 14 2:56 :16 PM
I have reviewed the material submitted to vacate and dedicate the re-alignment of County Road
103 with State Highway 82. We have no concerns. It is acceptable to Road & Bridge .
If you have any questions please don't hesitate to contact me.
Sincerely,
Mike Prehm
Garfield County Road & Bridge
Foreman/Glenwood District
(970) 945 -1223 Office
(970) 945-1318 Fa x.
(970) 618-7109 Cell
EXHIBIT
From:
To:
Subject:
Date:
Roussin -COOT. Daoje!
Kathy A East!ey
Extent/Roa d Vactlon of CR 103
Wed nesday, January 29, 201 4 9 :57:52 AM
Kathy -CDOT doesn't have any comments on the vacation of section of 103 since
the County Road 103 got realigned.
thanks
Dan Roussin
Region 3 Permit Unit Manager
State of Colorado, Colorado Department of Transportation
222 South 6th Street, Room 100, Grand Junction, CO 81501
office: 970.683.6284 lfax: 970.683 .6290
email : daniel.roussin@state .co .us
H
January 30, 2014
Ms. Kathy-Eastley
Garfield County P lanning
108 8111 Street, Suite 401
Glenwood Springs, CO 81601
MOUNT/\IN CROSS
~N<iIN~~RIN<i, INC.
Civil and Environmental Con s ultin g and De si gn
EXHIBIT
I
RE: CR 103-Crystal S prings, Road Vacation: RVAC-7785
Dear Kathy:
This office has performed a review of the documents provided for the Road Vacation Application
for CR 103 by the Crystal Ranch, Corp. The submittal was found to be thorough and well
organized. The following comment was generated :
• The application materials do not provide anything to show that t he improvements to the
intersection of Hwy 82 and CR 103 have been completed to the satisfaction of Garfield County
and CDOT. The Appli cant should provide evidence as to the completeness and acceptance of
the intersection constru ction.
Fee l free to call if you have any questions or comments.
Chris Hale, PE
826 % Grand Avenue, Glenwood Springs, CO 81601
P: 970.945 .5544 F: 970 .945.5558 www.mountaincross-eng .com
EXHIBIT
_____ STATE OF COLO
DEPARTMENT OF TRANSPORTATION
Region 3 Traffic & S1fety
222 South 8th StrHI, Room 100
Grand Junction, Colorado 81501
(970) 883·8284
October 29, 2013
Lafarge West
Attn: Bill Arrasmith
10170 Church Ranch Way, Suite 200
Westminster, CO 80021
RE: PROJECT COMPLETION CERTIFICATE OF ACCEPTANCE, ACCESS
PERMIT's NO 312039, LOCATED ON STATE HIGHWAY 082A, NEAR MILEPOST
13.49L IN GARFIELD COUNTY
Dear Pennittee or Applicant
The Colorado Department of Transportation (COOT) has accepted the certification of the
Colorado Registered Professional Engineer in Responsible Charge of Construction
Observation that to the best of their knowledge and belief, the construction of the access to the state
highway is in compliance with the specifications, tenns and conditions of Access
Pennit No 312039.
The pennittee, his or her heirs, successors-in-interest, assigns, and occupants of the property
J
serviced by the access shall be responsible for meeting the tenns and conditions of the permit. If any
construction element fails due to improper construction or material specifications, the pennittee shall be
responsible for all repairs. Failure to make such repairs may result in suspension of the pennit and
closure of the access.
You are advised that your 2-year warranty period begins from the date of project completion , in
accordance with the pennit tenns and the Access Code. You (the permittee/owner) are advised that the
date of acceptance is October 29, 2013.
If you have any questions, please contact me.
Sincerely,
Devin Drayton
Region 3 Construction Manager
cc: File
Yanci Nichol, PE -Sopris Engineering
Stephanie Helfenbein, Sopris Engineering
Mr. Devin Drayton
Construction Manager
COOT Region 3 -Traffic and Safety
222 South 6th St., Room 100
Grand Junction, CO 81501
RE: CR 103/Hwy 82 -Certificate of Completion for COOT Access Permit #312039
SE Job #: 12138.01
Dear Devin :
Octob er 28, 201 3 I
This letter Is written to formally notify COOT of the completion of the CR 103/SH 82 Intersection which was
constructed under the COOT Access Permit number 312039 .
We conducted a preliminary walk thru on September 12, 2013 and created a small punch list based on that
walk thru. You had a final walk thru on October 22, 2013 and agree with Soprls Engineering that all required
Improvements, Including the final punch list Items are comp lete and In place . Therefore, to the best of my
knowledge , the construction was completed In accordance. with the Intent of the COOT app roved plan s and
specifications dated March 15, 2013 .
Per the conditions of our access permlt(s), enclosed with thi s letter Is a "Compliance of Construction and
Materials" from CTL Thompson , Inc . dated October 24, 201 3 for your re cords.
Thank you for taking the time to condu ct sit e vi sit s and working clo se ly with ou r t ea m on th is proj ec t. Th e
project wa s a gr eat succe ss thank s to all of the effort put Into It by all players, Includin g you and othe rs at
COOT .
I apprec iate your help , and I will look forward to receivin g the CDOT 's letter of approval to start th e two
year warranty period .
Since rely,
Cc : Kent Harbert-COOT, Stephanie Helfenbeln ·Soprls Engineering, Biii Arrasmlth ·LaF arge, Mike Ter mentozz l·Unlted Comp ani es,
Art Dall y-Holl and and Hart, Mike Prehm -Garfield County
Enc(s): ·Complian ce of Con struction of Mate rials from CT L Thom pson Da ted 10/24 /13
I 502 Main Street • Suite A3 o Carbondale, CO 816 23 o (970) 704-0311 o Fax (970) 704 -0313
SOPRIS ENGINEERING • llC civil con sult ant s
October 24, 2013
Sopris Engineering, LLC
502 Main Street
Carbondale, CO 81623
Attention:
Subject:
Ms. Stephanie Helfenbein
Compliance of Construction
and Materials
State Highway 82 and
Garfield County Road 103
Garfield County, Colorado
Project No. GS05464-345 and 355
CTL I Thompson, Inc. has provided construction observation and materials
testing for work performed for the new intersection of State Highway 82 and Garfield
County Road 103. The work consisted of aggregate base course (ABC) placement
and hot Bituminous asphalt pavement.
Our construction observations for ABC began on July 8, 2013 (Daily Report
No. 30) and concluded on August 7, 2013 (Daily Report No. 43). Asphalt testing
began on July 25, 2013 (Report No. 1) and concluded on August 7, 2013 (Report
No. 7).
In our opinion, the items observed and tested are in general conformance
with the project and Colorado Department of Transportation specifications. We
appreciate the opportunity to work with you on this project. If you have questions or
we can be of further service, please call.
Very truly yours,
CTL I THOMPSON, INC.
&#!J?'/AA/,~)
Dan Downing
Laboratory/Field Manager
DD:JM:cd
cc: Via email to stephanie@sopriseng.com
234 Center Drive I Glenwood Springs :~:u1~·1 racl::-, :, i ·~·.": 1
Telephone: 970-945-2809 Fax: :_1/'0--9.:15--,:411
n echling, P.E.
ranch Manager
EXHIBIT
I I<
STATE OF COLORADO )
)ss.
COUNTY OF GARFIELD )
At a regular meeting of the Board of County Commissioners for Garfield County,
Colorado, held at the County Administration Building in Glenwood Springs on the 21 '' day of
April, 2014, there were present:
John Martin , Commissioner Chairman ~~~~~----------~
~M~ik=e"-"-Sa=m=so=n~----------' Commissioner
~T=om~J~a=nk=o=v~s=k~y __________ , Commissioner
-'-'A=n~d...,re'-'w"'"""G"'o""rg=-'e"'y __________ , County Manager
~Fr=a=nk~H=u=t=fl=es=s~----------'' County Attorney
~K=e=ll~v~C=a=v=e ____________ , County Attorney
_J"'e""a=n'-"A-"l"'b""er=ic"'o"-----------' Clerk to the Board
when the following proceedings, among others were had and done, to-wit:
RESOLUTION NO. 14-
RESOLUTION ACCEPTING A PARCEL OF LAND FOR PUBLIC ROAD PURPOSES
FOR THE REALIGNMENT OF COUNTY ROAD 103
A The Board of County Commissioners of Garfield County, State of Colorado ("BOCC") is a
legal and political subdivision of the State of Colorado for which the BOCC is authorized to
act; and
B. Crystal Ranch Corp. is the owner of a parcel of land situated in the El/2SE1/4 of Section 23,
NE1/4NE1/4 and Lots 1 through 13 inclusive, of Section 26, and Lots 1, 6, 7, 8 and 9 of
Section 27, Township 7 South, Range 88 West of the 6th P.M. Garfield County, Colorado
(also known as Assessor's Parcel No. 239323400131), and Clifford Cerise Ranch Co.,
L.L.L.P. is the owner of a parcel of land situated in Lots 4 and 12 in the SWl/4 of Section
25, and Lots 8, 9, and 10 SEl/4 Section 26, Township 7 South, Range 88 West of the 6th
P.M. Garfield County, Colorado (also known as Assessor's Parcel No. 239325300158)
(collectively, the "Owners"); and
C. The above referenced parcels are encumbered by existing County Road 103; and
D. Pursuant to an approval for an amendment to a Special Use Permit for the Powers Pit
Concrete Batch Plant, the BOCC had required Crystal Ranch Corp. to construct certain
improvements to County Road 103 and State Highway 82, to improve the public health,
safety and welfare. Such improvements required a realignment of County Road 103 (the
"County Road 103 Improvements"); and
E. The improvements agreement was memorialized in that certain Road Construction
Agreement for Construction of Improvements to County Road 103, recorded in the records of
the Garfield County Clerk and Recorder as Reception No. 834949 (the "Agreement"); and
F. The improvements have been completed and the Owners have requested the BOCC accept
such improvements as a right of way for county purposes, to be included as part of County
Road 103; and
G. Garfield County Road & Bridge and the Colorado Department of Transportation have
inspected the improvements and found those improvements constructed in accordance with
the Agreement; and
H. Owners have offered to dedicate real property for county road purposes, and rededicate
portions of the County Road 103 Right-of-way as depicted in Exhibit Al and A2 attached
hereto, and as further described in the deeds attached hereto as Exhibits B and C (the
"Deeds"); and
I. The BOCC is entitled to accept roads over private lands which are properly dedicated to the
public for use by the public and on behalf of the public pursuant to the provisions of Section
43-2-201(1)(a), C.R.S., as amended.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Garfield County, State of Colorado, as follows:
1. The BOCC hereby accepts for County road purposes the right of way described in
the Deeds. The acceptance by this Resolution is limited to the descriptions contained in the
Deeds.
2. The BOCC hereby accepts the Deeds attached as Exhibits B and C and
authorizes the Chair to sign the Deeds on behalf of the Board.
DATED this day of _____ ~ 20
ATTEST:
Clerk to the Board
BOARD OF COUNTY COMMISSIONERS OF
GARFIELD COUNTY, STATE OF COLORADO
By: ---------------John Martin, Chairman
Upon motion duly made and seconded the foregoing Resolution was adopted by the following
vote:
~M=i=k=e~S=am~s=on~ _____ .Aye/Nay
~Jo=hn~M~art~in~-----~Aye/Nay
-"-T=om=-'J'-"a=nk"'o"""v"'s"'k.,_y _____ .Aye/Nay
Commissioners
2
STATE OF COLORADO )
) SS.
COUNTY OF GARFIELD )
I, Jean Alberico, County Clerk and ex-officio Clerk of the Board of County
Commissioners in and for the County and State aforesaid do hereby certify that the annexed and
foregoing Resolution is truly copied from the Records of the Proceedings of the Board of County
Commissioners for said Garfield County, now in my office.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said
County, at Glenwood Springs, this_ day of , A.D. 20_.
County Clerk and ex-officio Clerk of
the Board of County Commissioners
EXHIBIT MAP OF:
COUNTY ROAD 103 ROADWAY TO BE CREATED
A PORTION OF RECEPTION NO. 348555
LOT 10, SECTION 26, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE SIXTH PRINCIPAL MERIDIAN
COUNTY OF GARFIELD, STATE OF COLORADO
REC. NO. 81613S
C4
cs
m
LENGTH
41.92'
1.91'
40.80'
SHEET 1OF2
CURVE TABLE
RADIUS TANGENT
200.00' 21.03'
952.00' 0.95'
1122.80' 20.40'
N-C 1/16, SECTION 26
FOUND 8LM ALUMINUM CAP
REC. NO. 348555
POINT OF BEGINNING
/
60'ROAOWAY
REC. NO. 4549n
C.R.103
RIGHT-OF-WAY TO BE CREATED
17,305 SQ. FT OR 0.397 AC.+/·
REC. NO. 348S5S
LINE TABLE
LINE BEARING LENGTH
l3 S43"03'09"W 159.02'
l4 S20"32'00"W 169.06'
LS N43"39'27"E 274.78'
LG N46.20'33"W 72.47'
DELTA BEARING CHORD
12"00'29" N 49°39'41" E 41.84'
0'06'53" s 43°06'36" w 1.91'
2'04'55'' S 44"41'54"W 40.79'
SOPRIS ENGINEERING· LLC
CIVIL CONSULTANTS
502 MAIN STREET, SUITE "3
CARBONDALE, COLORADO 81623
970 704·0311 SOPRISENG@SOPRISENG.COM G K 12138 04 11 14 11016-CERIS W DWG
EXHIBIT MAP OF:
COUNTY ROAD 103 ROADWAY TO BE CREATED
A PORTION OF RECEPTION NO. 348SSS
LOT 10, SECTION 26, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE SIXTH PRINCIPAL MERIDIAN
COUNTY OF GARFIELD, STATE OF COLORADO
SHEET 2 OF 2
RIGHT-OF-WAY TO BE CREATED
A ROADWAY WITHIN LOT 10 OF SECTION 26, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE SIXTH
PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO, ALSO WITHIN THE PROPERTY
DESCRIBED IN THE WARRANTY DEED RECORDED DECEMBER 30, 1983 AS RECEPTION NO. 348SSS
OF THE GARFIELD COUNTY RECORDS, WITH ALL BEARINGS CONTAINED HEREIN BEING RELATIVE
TO A BEARING OF S 89'59'06" E BETWEEN THE Ni1! CORNER OF SAID SECTIONS 26 AND SECTION
27 AND THE N-Ci1i OF SAID SECTION 26; SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT A POINTFROM WHENCE SAID Ni';, CORNER BEARS N 54'24'43" W, A DISTANCE OF
4,404.66 FEET; THENCE 1.91 FEET ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A 952.00
FOOT RADIUS, A CENTRAL ANGLE OF 00'06'53" (CHORDS 43'06'36" W, 1.91 FEET); THENCE
S 43'03'09" W, A DISTANCE OF 159.02 FEET TO A POINTON THE COMMON BOUNDARY OF SAID
WARRANTY DEED AND THE PROPERTY DESCRIBED IN THE DOCUMENT RECORDED MARCH 19,
2012 AS RECEPTION NO. 816135 OF SAID COUNTY RECORDS; THENCE ALONG SAID COMMON
BOUNDARY S 20'32'00" W, A DISTANCE OF 169.06 FEET; THENCE LEAVING SAID COMMON
BOUNDARY 41.92 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 200.00
FEET AND A CENTRAL ANGLE OF 12'00'29" (CHORD N 49'39'41" E, 41.84 FEET); THENCE
N 43'39'27" E, A DISTANCE OF 274.78 FEETTO A POINTON THE EXISTING RIGHT-OF-WAY IN THE
DOCUMENT RECORDED NOVEMBER 10, 1993 AS RECEPTION NO. 4S4977 OF SAID COUNTY .
RECORDS; THENCE ALONG SAID EXISTING RIGHT-OF-WAY N 46'20'33" W, A DISTANCE OF 60.00
FEET; THENCE LEAVING SAID EXISTING RIGHT-OF-WAY N 46'20'33" W, A DISTANCE OF 12.47
FEETTO THE POINT OF BEGINNING.
SAID RIGHT-OF-WAY CONTAINS 17,305 SQUARE FEET OR 0.397 ACRES, MORE OR LESS.
SOPRIS ENGINEERING -LLC
CIVIL CONSULTANTS
502 MAIN STREET, SUITE A3
CARBONDALE, COLORADO 81623
(970) 704·0311 SOPRISENG@SOPRISENG.COM
EXHIBIT MAP OF:
COUNTY ROAD 103 ROADWAY TO BE CREATED
A PORTION OF RECEPTION NO. 81613S
LOTS 10& 11, SECTION 26, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE SIXTH PRINCIPAL MERIDIAN
COUNTY OF GARFIELD, STATE OF COLORADO
N f& SECTIONS 26 & 27 SHEET 1 OF 2
FOUND BLM ALUMINUM CAP
LINE
L7
LS
L9
LIO
Lil
l12
l13
l14
LIS
CURVE LENGTH
C6 94.97'
C7 147.9S'
CB S0.9S'
SCALE 1" = 60'
LINE TABLE
BEARING LENGTH
S43"03'09"W 72.85'
s70•1s'39"W 176.SS'
S17"16'S4"W 4.99'
SS9"19'11"W 67.47'
S7S0 40'49"E 131.97'
N17"10'41"E 120.00'
s72•49'19"E 3S.93'
N70'15'39"E 160.27'
N20"32'00"E 169.06'
CURVE TABLE
RADIUS
200.00'
160.00'
200.00'
TANGENT DELTA
48.40' 27"12'29"
79.74' 52°58'4S"
25.61' 14'35'43"
RIGHT·OF·WAY TO SE CREATED
35.846 SQ. FT. OR 0.822 AC.+/-
REC. NO. 81613S
BEARING CHORD
s S6'39'24" w 94.08'
s 43"46'16" w 142.73'
N 62°57'47" E 50.81'
REC. NO. 816135
STATE HIGHWAY NO. 82
SOPRIS ENGINEERING-LLC
CIVIL CONSULTANTS
502 MAIN STREET, SUITE A3
CARBONDALE, COLORADO 81623
I
I
I
REC. NO. 348S55
(970) 704-0311 SOPRISENG@SOPRISENG.COM GRK 12138 02 25 3 11016-C !SE ROW.DWG
EXHIBIT MAP OF:
COUNTY ROAD 103 ROADWAY TO BE CREATED
A PORTION OF RECEPTION NO. 816135
LOTS 10 & 11, SECTION 26, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE SIXTH PRINCIPAL MERIOIAN
COUNTY OF GARFIELD, STATE OF COLORADO
SHEET 2 OF 2
RIGHT-OF-WAY TO BE CREATED
A ROADWAY WITHIN LOTS 10 AND 11 OF SECTION 26, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF
THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO, ALSO WITHIN THE
PROPERTY DESCRIBED IN THE DOCUMENT RECORDED MARCH 19, 2012 AS RECEPTION NO.
816135 OF THE GARFIELD COUNTY RECORDS WITH ALL BEARINGS CONTAINED HEREIN BEING
RELATIVE TO A BEARING OF S 89"59'06" E BETWEEN THE Nf; CORNER OF SAID SECTIONS 26AND
27 AND THEN-ck OF SAID SECTION 26; SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT A POINT ON THE COMMON BOUNDARY OF SAID DOCUMENT ANDTHE PROPERTY
DESCRIBED IN THE WARRANTY DEED RECORDED DECEMBER 30, 1983 AS RECEPTION NO. 348555
OF SAID COUNTY RECORDS FROM WHENCE SAID NrtCORNER BEARS N.52"19'38"W., A DISTANCE
OF 4,386.66 FEET; THENCE LEAVING SAID COMMON BOUNDARYTHE FOLLOWING SIX (6)
COURSES:
1) S 43"03'09" W, 72.85 FEET;
2) 94.97 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, RADIUS OF 200.00 FEET AND CENTRAL
ANGLE OF 27"12'29" (CHORDS 56"39'24" W, 94.08 FEET);
3) S 70"15'39" W, 176.85 FEET;
4) 147.95 FEET ALONG THE ARC OF A CURVE TO THE LEFT, RADIUS OF 160.00 FEET AND CENTRAL
ANGLE OF 52"58'45" (CHORDS 43"46'16" W, 142.73 FEET);
5) S 17"16'54" W, 4.99 FEET;
6) S 59"19'11" W, 67.47 FEET TO A POINTON THE COMMON BOUNDARY OF SAID PROPERTY
DESCRIBED IN THE DOCUMENT RECORDED MARCH 19, 2012 AS RECEPTION NO. 816135 AND THE
NORTHERLY RIGHT-OF-WAY OF STATE HIGHWAY NO. 82; THENCE ALONG SAID COMMON
BOUNDARY THE FOLLOWING THREE (3) COURSES:
1) S 75"40'49" E, 131.97 FEET;
2) N 17"10'41" E, 120.00 FEET;
3) S 72"49'19" E, 35.93 FEET; THENCE LEAVING SAID COMMON BOUNDARY N 70"15'39" E, A
DISTANCE OF 160.27 FEET; THENCE 50.95 FEET ALONG THE ARC OF A CURVE TO THE LEFT
HAVING A RADIUS OF 200.00 FEET AND A CENTRAL ANGLE OF 14"35'43" (CHORD N 62"57'47" E,
S0.81 FEETTO A POINT ON SAID COMMON BOUNDARY OF SAID PROPERTY DESCRIBED IN THE
DOCUMENT RECORDED MARCH 19, 2012 AS RECEPTION NO. 816135 AND THE PROPERTY
DESCRIBED IN THE WARRANTY DEED RECORDED DECEMBER 30, 1983 AS RECEPTION NO. 348555;
THENCE ALONG SAID COMMON BOUNDARY N 20"32'00" E, A DISTANCE OF 169.06 FEET TO THE
POINT OF BEGINNING.
SAID RIGHT-OF-WAY CONTAINS 35,846 SQUARE FEET OR 0.822 ACRES, MORE OR LESS.
SOPRIS ENGINEERING -LLC
CIVIL CONSULTANTS
502 MAIN STREET, SUITE A3
CARBONDALE, COLORADO 81623
(970) 704-0311 SOPRISENG@SOPRISENG.COM GRK12138022513 6-CE ISEROW.D G
EXHIBlli
j ~
WARRANTY DEED
CRYSTAL RANCH CORP., a Colorado corporation, whose address is 13112 State
Highway 82, Carbondale, CO 81623, owner of certain lands in Garfield Count)', State of
Colorado, GRANTOR, for and in consideration of TEN DOLLARS ($10.00)· and other good
and valuable consideration, the receipt and adequacy of which are hereby acknowledged, does
hereby bargain, deed and convey to the GARFIELD COUNTY BOARD OF COUNTY
COMMISSIONERS, whose legal address is 108 8TH Street, Suite 213, Glenwood Springs, CO
81601, GRANTEE, a right of way for county road ptirposes, as described on Exhibit A, attached
hereto and incorporated by this reference, (the "Property") through the land stated below,
Lots 10 and 11, Section 26, Township 7 South, Rarige 88 West of the 6th P.M., Garfield
County, Colorado
GRANTEE may protect this public road easement from all other users, including the
GRANTOR, through issuance of permits that will control, condition, or prohibit the use of the
permanent easement.
GRANTOR wan-ants title against all persons claiming under GRANTOR, excepting
taxes and assessments for the years 2013 and thereafter, and easements, reservations, restrictions,
covenants, encumbrances and other matters shown on Exhibit B hereto .
Signed this __ day of ________ , 2013.
CRYSTAL RANCH CORP., a Colorado
corporation
STATEOF dtb (};.,,/l,J
) ss:
COUNTY OF W e,'!}"' )
The foregoing instrument was acknowledged before me this a day of_fll2_.,-i;.«Y:...1-1_,_/ ____ ___,
2013, by Barbara Hapgood as President of Crystal Ranch Corp., a Colorado corporation.
Witness my hand and official seal.
Accepted by Resolution as a public and county road right-of-way by the Garfield Board of County Commissioners
thls_dayof 201_.
ATTEST:
Clerk to the Board
BOARD OF COUNTY COMMISSIONERS
OF GARFIELD COUNTY, COLORADO
2
EXHIBIT A
-----------------------41 LTG Polley No. LTAQ63007566*1 I
Our Order No. GC63007566*1
LEGAL DESCRIPTION
A ROADWAY WITHIN LOTS 10 AND 11 OF SECTION 26 , TOWNSHIP 7 SOUTH, RANGE 88 WEST
OF TIIE SIXTH PRINCIPAL MERIDIAN. COUNTY OF GARFIELD, STATE OF COLORADO, ALSO
WITHIN THE PROPERTY DESCRIBED IN TIIE DOCUMENT RECORDED NOVEMBER 2, 2006 AS
RECEPTION NO . 710307 OF THE GARFIELD COUNTY RECORDS WITH ALL BEARINGS
CONTAINED HEREIN BEING RELATIVE TO A BEARING OF S 89°59'06" E I;JETWEEN THE Nl/16
CORNER OF SAID SECTIONS 26 AND 27 AND THE N-Cl/16 OF SAID SECTION 26; SAID
PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS :
BEGINNING AT A POINT ON THE COMMON BOUNDARY OF SAID DOCUMENT AND THE PROPERTY
DESCRIBED IN THE WARRANTY DEED RECORDED DECEMBER 30, 1983 AS RECEPTION NO ..
348555 OF SAID COUNTY RECORDS FROM WHENCE SAID Nl/16 CORNER BEARS N.
52°19'38"W., A DISTANCE OF 4,386 . .66 FEET ; THENCE LEAVING SAID COMMON BOUNDARY
THE FOLLOWING SIX (6) COURSI;:S:
1) S 43°03'09" W, 72.85 FEET;
2) 94 .97 FEET ALONG THE ARC OF A CURVE TO THE RIGHT , RADIUS OF 200.00 FEET AND
CENTRAL ANGLE OF 27°1Z'29" (CHORDS 56°39'24" W, 94.08 FEET);
3) S 70°15'39" W, 176.85 FEET;
4) 147.95 FEET ALONG THE ARC OF A CURVE TO THE LEFI', RADIUS OF 160.00 FEET AND
. CENTRAL ANGLE OF 52°58'45" (CHORD BEARS S 43°46'16" W, 142 . 73 FEET);
5) S 17°16'54" W, 4 .99 FEET;
6) S 59°19' 11" W, 67 .47 FEET TO A POINT ON THE COMMON BOUNDARY OF SAID PROPERTY
DESCRIBED IN THE DOCUMENT RECORDED NOVEMBER 2, 2006 AS RECEPTION NO. 710307 AND
THE NORTHERLY RIGHT-OF-WAY OF STATE HIGHWAY NO. 82; THENCE ALONG SAID COMMON
BOUNDARY THE FOLLOWING THREE (3) COURSES:
1) S75"if0'49" E, 131.97FEET; ..
2) N 17°10'41" E, iio.oo FEET ;
3) S 72°49'19" E, 35.93 FEET; T}JENCE LEAVING SAID COMMON BOUNDARY N 70°15'39" E,
A DISTANCE OF 160.27 FEET; THENCE 50.95 FEET ALONG THE ARC OF A CURVE TO THE
LEFI' HAVING A RADIUS OF 200.00 FEET AND A CENTRAL ANGLE OF 14°35'43" (CHORD N
62°57'47" E, 50 .81 FEET TO A POINT ON SAID COMMON BOUNDARY OF SAID PROPERTY
DESCRIBED IN THE DOCUMENT RECORDED NOVEMBER 2, 2006 AS RECEPTION NO. 710307
AND THE PROPERTY DESCRIBED IN THE WARRANTY DEED RECORDED DECEMBER 30, 1983 AS
RECEPTION NO . 348555; THENCE ALONG SAII;> COMMON BOUNDARY N 20°32'00" E, A
DISTANCE OF 169 .06 FEET TO THE POINT OF BEGINNING.
COUNTY OF GARFIELD ·
STATE OF COLORADO
EXHIBIT B
1. General taxe~· arld assessments for 2013 and subsequent years.
2 _-RIGHT OF PROPRIETOR OF'A VEIN .OR LODE TO EXTRACT AND. REMOVE HIS ORE
THEREFROM SHOULD THE SAME BE.FOUND TO PENETRATE OR INTERSECT THE PREMISES
AS RESERVED IN UNITED STATES PATENT RECO:ttDED MAY 09, 1898, IN BOOK 12 AT
PAGE 485 .
3. · ·-RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUGTED BY-THE AUTHORITY -OF-THE-·
UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED MAY 09, 1898,
IN BOOK 12 AT PAGE 485.
4. .RESERVATONS AS CON.TAINED IN DEED FROM EDITH JAMES,.ALSO KNOWN AS EDITH S.
JAMES , FREEMAN S. JAMES, ALSO KNOWN AS F.S . JAMES AS FREEMAN SMITH JAMES
AND SHIRLEY L .. SP ARKS (FORMERLY SHIRLEY L. JAMES) TO RICHARD C. MARTIN AND
WILMA S. MARTIN, RECORDED JANUARY 31, 1959, IN BOOK 315 AT PAGE 10,
PROVIDING AS FOLLOWS: AND PROVIDED FURTHER THAT THE GRANTORS HEREIN, ·FOR
THEMSELVES,.THEIR HEIRS , EXECUTORS, ADMINISTRATORS AND ASSIGNS RESERVE,
AND EXCEPT FROM TIIlS CONVEYANCE, AN UNDIVIDED 1/2 INTEREST IN AND TO ALL
OIL, GAS AND OTHER MINERALS IN OR UNDER SAII~ LAND, OR WHICH MAY ~E
RECOVERED THEREFROM, AND ALSO THE RIGHT OF INGRESS ~ND EGRESS TO GO UPON
SAID LANDS AND DRILL; PROSPECT FOR, AND PRODUCE, ANY SUCH OIL, GAS OR .
OTHER MINERALS, SUBJECT TO THE c ·oNDITION THAT THE OWNERS OF SUCH RESERVED
MINERAL ESTATE WILi: BE REQUIRED" TO PAY:THE SURFACE OWNER ALI; DAMAGES -· ... -· .
OCCASIONED BY ANY DRlLLING, PROSPECTING, OR OTHER PRODUCTION OPERATIONS. ·
5. RIGHT OF WAY FOR THE NICHOLS DITCH AS SHOWN BY MAP AND STATEMENT FILED FOR
RECORD.JUNE 1, 1895 AS DOCUMENT NO . 18448.
6. RIGHTS OF WAY FOR THE NICHOLS DITCH, THE FIRST ENLARGEMENT OF THE KELSO
DITCH AND THE SECOND ENLARGEMENT OF THE KELSO DITCH, AS EVIDENCED BY
DECREE RECORDED FEBRUARY 3, 1941 IN BOOK 201 AT PAGE GS, CERTIFICATE OF
WATER RIGHTS RECORDED MAY 24, 1958 IN BOOK 309 AT PAGE 30 AND CERTIFICATE
OF WATER RIGHTS RECORDED MAY 24, 1958 IN BOOK 309 AT PAGE 31 ..
7. RIGHT OF WAY EASEMENT TO THE MOUNTAIN STATES TELEPHONE AND TELEGRAPH
COMPANY AS GRANTED BY INS_TRU~ENT RECORDED IN BOOK 454 AT PAGE 198.
8. RIGHT OF WAY EA~EMENT TO HOLY CR,OSS ELECTRIC ASSOCIATION, INC. AS GRANTED
BY-INSt?RUMENT-·REGORDEU -~-6 1-1980 IN--BOQK-544.-AT PAGE 860 .AND .. RECORDED.
AUGUST 28, 1995 IN BOOK 951 AT PAGE 287.
9, . TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN
TRENCH, CONDUIT, AND VAULT AGREEMENT RECORDED JUNE-01, 2010 UNDER
. RECEPTION NO. 786667.
10. EASEMENTS AND RIGHTS OF WAY FOR THE UNINTERRUPTED FLOW OF CRYSTAL SPRINGS
CREEK. . ··
11. TERMS, CONDmONS AND PROVISIONS OF RESOLUTION NO. 20ll· 77 RECORDED
DECEMBER 14, 2011 AT RECEPTION NO. 811974.
12. EXISTING LEASES AND TENANCIES, IF ANY.
.j I
WARRANTY OEED
CLIFFORD CER ISE RANCH CO., L.L.L.P., a Co lorad o limit ed liabilit y limited
partnership. who se addre ss is 0086 Co unty Road I 04 . Ca rb ond ale. CO 81623 . owner or certa in
lands in Garfield Cou nt y. State of Colorado, GRANTOR, for and in consideration of TEN
DOLLARS ($ l 0.00) and other good and valuable consideration , th e receipt and adequacy of
which are hereby acknowledged . docs hereb y bargain , deed and convey to the GARF IELD
COUNTY BOARD OF COUNTY COMMISS IONERS . whose legal address is I 08 8th Street.
Suite 2 13, Glenwood Springs. CO 8 I 60 l. GRANTEE. a right of way for county road purpo ses ,
as described on Exhibit A. attached hereto and incorporated by thi s reference (lh e .. Property")
th ro ugh the la nd stated below.
Lot I 0. Section 26, Township 7 South. R<mgc 88 West of the 6th P.M ., Garfi eld Coun ty.
Colorado
GRANTEE may protect this public road casement from all ot her users. including the
GRANTOR. through issuance of permits that will contro l, condition, or prohibit the use of the
permanent ca se ment.
GRANTOR warrants title aga in st a ll persons claiming under GRANTOR . excepting
taxes and assess ments for the years 2013 and thereafter, an d easements, reserva tion s,
restrictions. covenants, encumbrances and other matters show n on Exhibit H hereto .
Signed thisCJfof/Jday or ~/JfJ;.~i~2013 .
CLIFFORD CER IS E RANCI I CO ., L.L.L.P ..
a Co lorado limited li ability limit ed partnership
By:J?J~~
Robert S. Ceri se, General Partner
By: --rr;;;:s~ {l~Qc
EXHIBIT
0
Accepted by Resolution as a public and county road right-of-way by the G.arfield Board of County Commissioners
this __ dayof 201_.
AITEST:
Clerk to the Board
BOARD OF COUNTY COMMISSIONERS
OF GARFIELD COUNTY, COLORADO
2
EXHIBIT A
-----------------------ii LTG Policy No. LTAQ63007892 . 1.._ _______________ __,
Our Order No. ABC63007892
LEGAL DESCRIPTION
A ROADWAY WITHIN LOT 10 OF SECTION 26, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE
SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO, ALSO WITHIN
THE PROPERTY DESCRIBED IN THE WARRANTY DEED RECORDED DECEMBER 30, 1983 AS
RECEPTION NO. 348555 OF THE GARFIELD COUNTY RECORDS, WITH ALL BEARINGS
CONTAINED HEREIN BEING RELATIVE TO A BEARING ·ops 89°59'06~ E BE1WEEN THE
Nl/16 CORNER OF SAID SECTIONS 26 AND SECTION 27 AND THE N-Cl/16 OF SAID
SECTION 26; SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS :
BEGINNING AT A POINT FROM WHENCE SAID Nl/16 CORNER BEARS N 54°24'43" W, A
DISTANCE OF 4,404 .66 FEET; THENCE 1.91 FEET ALONG THE ARC OF A CURVE TO THE
LBFr, HAVING A 952 .00 FOOT RADIUS, A CENTRAL ANGLE OF 00°06'53 " (CHORD S
43°06'36" W, 1.91 FEET); THENCE S 43°03'09" W, A DISTANCE OF ·159.02 FEET TO A
POINT ON THE COMMON BOUNDARY OF SAID WARRANTY DEED AND TIIE PROPERTY DESCRIBED
IN THE DOCUMENT RECORDED NOVEMBER 2, 2006 AS RECEPTION NO. 710307 OF SAID
COUNTY RECORDS; THENCE ALONG SAID COMMON BOUNDARY S 20°32'00" W, A DISTANCE OF
169.06 FEET; THENCE LEAVING SAID COMMON BOUNDARY 41.92 FEET ALONG THE ARC OF A
CURVE TO THE LEFI' HAVING A RADIUS OF 200.00 FEET AND A CENTRAL ANGLE OF
12°00'29" (CHORD N 49°39'41" E, 41.84 FEET); THENCE N 43°39'27" E, A DISTANCE
OF 274 .78 FEET TO A POINT ON THE EXISTING RIGHT-OF-WAY IN THE DOCUMENT
RECORDED NOVEMBER 10, 1993 AS RECEPTION NO . 454977 OF SAID COUNTY RECORDS;
THENCE ALONG SAID EXISTING RIGIIT-OF~WAY N 46"20'33" W, A DISTANCE OF 60.00
PEET; THENCE LEAVING SAID EXISTING RIGHT-OF-WAY N 46°20'33" W, A DISTANCE OF
12 .47 FEET TO THE POINT OF BEGINNING.
COUNTY OF GARFIELD
~'TATE OF COLORADO
EXHIBIT B
1. General taxes and assessments for 2013 and subsequent years.
2. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE
. THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES
AS RESERVED IN uNJTED STATES PATENT RECORDED MAY 08 , 1S98 , IN BOOK l Z AT
PAGE485.
3 • RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE
UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED MAY 08, 1898 ,
. . IN BOOK 12 AT PAGE 485. . .
4. 2/3 INTEREST IN AND TO ALL OIL OR GAS PRODUCED FROM SAID LANDS AS RESERVED
IN INSTRUMENT RECORDED OCTOBER 25, 1938 IN BOOK 192 AT PAGE 285, AND ANY
AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN. .
. .
5. EASEMENTS AND RIGHTS OF WAY AS GRANTED TO HOLY CROSS ELECTRIC ASSOCIATION",
INC. IN INSTRUMENT RECORDED JUNE 21, 1973 IN BOOK 446 AT PAGE 161. .
6 .
. .
BASEMENTS AND RIGHTS OF WAY AS CQNTAINED IN DEED RECORDED NOVEMBE~ 10, 1993
IN BOOK 881 AT PAGE 695 . . · .
7 .• TERMS, CONDITIONS AND PROVISIONS OF MEM()RANDUM OF GRAVEL PROPERTY LEASE
RECORDED AUGUST 10, 2009 AT RECEPTION NO. 773602. ·
B •. TERMS, CONDITIONS AND PROVISIONS OF LICENSE AGREEMENT RECORDED SEPTEMBER
. 10, 2008 AT REC~PTION NO . 755465 . .
9. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO .. 2011-44 .RECORDED AUGUST
16, 20U AT RECEPTION NO. 806658 . · ,
EXHIBIT
I L-
ST ATE OF COLORADO )
) SS .
COUNTY OF GARFILED )
At a regular meeting of the Board of County Commissioners for Garfield County,
Colorado, held. in the County Administration Building on the 21 1h day of April , 2014, there were
present:
""""Jo=hn~M~art"-"=in"-------------' Commissioner Chairman
_M_i_ke_S_am_so_n ___________ , Commissioner
_T_om_J_ank_o~v_s_k..._y __________ , Commissioner
=An=dr~e'-'-w~G-=-=o"-"rg=e..,_y __________ , County Manager
_Fr_a_nk_H_u_t_fl_es_s __________ ,CountyAttorney
=K=e=llyJ---"'C"""'a-'-ve-"-------------' Assistant County Attorney
_Je_a_n_A_l_b_er_ic_o ___________ , Clerk to the Board
when the following proceedings, among others were had and done, to wit:
RESOLUTION NO . ---
A RESOLUTION CONCERNED WITH VACATING THE PUBLIC ROAD RIGHT-OF-WAY
WAY OTHERWISE KNOWN AS A PORTION OF COUNTY ROAD 103
(CRYSTAL SPRINGS)
Recitals
A. Garfield County is a legal and political subdivision of the State of Colorado for which
the Board of County Commissioners is authorized to act.
B. Crystal Ranch Corp. is the owner of a parcel of land situated in the El/2SEI/4 of
Section 23 , NE1/4NE1/4 and Lots 1through13 inclusive, of Section 26, and Lots 1, 6, 7, 8, and
9 of Section 27, Township 7 South, Range 88 West of the 61h P.M. Garfield County, Colorado
(also known as Assessor's Parcel No. 239323400131), and Clifford Cerise Ranch Co., L.L.L.P.
is the owner of a parcel of land situated in Lots 4 and 12 in the SWI/4 of Section 25, and Lots 8,
9, and 10, and the SEI/4 Section 26, Township 7 South, Range 88 West of the 6th P .M. Garfield
County Colorado, (the "Applicants") have applied to The Board of County Commissioners to
vacate a portion of a public road right-of-way, as such lies within the property of the
"Applicants" as set forth in Deeds recorded at Reception Numbers and ___ _
C. That portion of the road right-of-way as set forth below is no longer needed as a
public road right-of-way since, among other things, County Road 103 and the intersection with
State Highway 82 was recently improved resulting in portions of the road surface being located
outside of the existing right-of-way. The Board of County Commissioners have accepted right-
of-way deeds for the improved location of the right-of-way .
Page I of 3
D. The Board of County Commissioners is entitled to vacate a public road right-of-way
by resolution pursuant to the provisions of Section 43-2-303(l)(b), C.R.S. and Section 4-108 of
the Garfield County 2013 Land Use and Development Code, as amended ("LUDC").
E. The Planning Commission considered this request at a public meeting held on
February 12, 2014, at which time the Commission recommended approval to the Board of
County Commissioners.
F. The Board of County Commissioners opened a public hearing on the 7111 day of April,
2014 for consideration of whether to vacate a portion of the right-of-way should be granted or
denied, during which hearing the public and interested persons were given the opportunity to
express their opinions regarding the request.
G. The Board of County Commissioners closed the public hearing on the 7th day of April,
2014 to make a final decision.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Garfield County, as follows:
1. That the foregoing Recitals are incorporated by this reference.
2. That portion of the right-of-way no longer needed for road purposes depicted in
Exhibit A and Exhibit B attached hereto, should be and hereby is vacated.
3. That pursuant to the foregoing vacation, title to such property shall vest in the
adjoining property owner(s), Crystal Ranch Corp. and Clifford Cerise Ranch Co., LL.LP.
4. The foregoing vacation does not leave any property adjoining said public road
right-of-way without an established public road connecting said land with another established
public road.
5. This vacation does not leave any public land without access to a public road.
6. That this vacation is in the best interest and for the health, safety and welfare of
the general public.
DATED this ___ day of _______ , 2014.
BOARD OF COUNTY COMMISSIONERS
OF GARFIELD COUNTY, COLORADO
Page 2 of3
By: _____________ _
John Martin, Chairman
ATIEST:
Clerk to the Board
Upon motion duly made and seconded the foregoing Resolution was adopted by the
following vote:
"'Jo,,,hn~M=art'-"1"'·n,__ _________ , Aye/Nay
~M=i=k=e=S=a=m=s=on~---------• Aye/Nay
=T=om~J~a=nk=o~v~s=k~y _________ , Aye/Nay
Commissioners
Page 3 of 3
EXHIBIT MAP OF:
COUNTY ROAD 103 ROADWAY TO BE VACATED
LOT 10, SECTION 26, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE SIXTH PRINCIPAL MERIDIAN
COUNTY OF GARFIELD, STATE OF COLORADO
SHEET 1OF2
SECTIONS 26 & 27
FOUND BLM ALUMINUM CAP
60' ROADWAY (REC. NO. 454977) REMAINING
C.R.103
POINT OF TERMINUS
SCALE 1" = 40'
REC. NO. 816135
SECTIONS 26 & 27
FOUND BLM ALUMINUM CAP
N·C 1/16, SECTION 26
FOUND BLM ALUMINUM CAP
S 89°59'06" E fl. -BASIS OF eEA.RiNG-' I L -...,.,._~
' v ' ' ' '<!< -~~<"'-
' ' ' ' ' '
SOPRIS ENGINEERING -LLC
CIVIL CONSULTANTS
502 MAIN STREET, SUITE A3
CARBONDALE, COLORADO 81623
(970) 704-0311 SOPRISENG@SOPRISENG.COM
CURVE TABLE
CURVE LENGTH RADIUS TANGENT
Cl 47.92' 372.29' 23.99'
C2 172.05' 1122.80' 86.19'
DELTA
7"22'28"
8°46'47"
LINE
Ll
BEARING
N 38°33'53" E
N 39"16'03" E
POINT OF BEGINNING
LINE TABLE
I BEARING
I N34"52'40"E
CHORD
47.88'
171.88'
I LENGTH
I 123.76'
GR 2 3804 1114 11016-CERISEROW.DWG
EXHIBIT MAP OF:
COUNTY ROAD 103 ROADWAY TO BE VACATED
LOT 10, SECTION 26, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE SIXTH PRINCIPAL MERIDIAN
COUNTY OF GARFIELD, STATE OF COLORADO
SHEET2 OF 2
ROADWAY TO BE VACATED
THE ROADWAY TO BE VACATED BEING A PORTION OFTHAT ROADWAY DESCRIBED IN THE
DOCUMENT RECORDED NOVEMBER 10, 1993 AS RECEPTION NO. 4S4977 OF THE GARFIELD
COUNTY RECORDS AND WITHIN LOT 10 OF SECTION 26, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF
THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO, WITH All
BEARINGS CONTAINED HEREIN BEING RELATIVE TO A BEARING OF S 89'59'06" E BETWEEN THE
Nn CORNER OF SAID SECTIONS 26AND 27 ANDTHE N-CnOF SAID SECTION 26; SAID ROADWAY
TO BE VACATED BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE EASTERLY BOUNDARY OF THE PROPERTY DESCRIBED IN THE
DOCUMENT RECORDED MARCH 19, 2012 AS RECEPTION NO. 816135 FROM WHENCE SAID Ni\;
CORNER BEARS N.46'54'41"W., A DISTANCE OF 4,448.44 FEET; THENCE LEAVING SAID
BOUNDARY AND ALONG THE CENTERLINE OF SAID RECORDED ROADWAYTHE FOLLOWING
THREE (3) COURSES:
1) 47.92 FEET ALONG THE ARC OF A CURVE TO THE LEFT, 372.29 FOOT RADIUS, CENTRAL ANGLE
IS 07'22'28" (CHORD N 38'33'53" E, 47.88 FEET);
2) N 34'52'40" E, 123.76 FEET;
3) 172.05 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, 1122.80 FOOT RADIUS, CENTRAL
ANGLE IS 08'46'47" (CHORD N 39'16'03" E, 171.88 FEET) TO THE POINT OF TERMINUS FROM
WHENCE SAID Nn SEARS N 54'20'06" W, A DISTANCE OF 4,446.71 FEET.
SAID ROADWAY TO BE VACATED CONTAINS 20,207 SQUARE FEET OR 0.463 ACRES, MORE OR
LESS.
SOPRIS ENGINEERING -LLC
CIVIL CONSULTANTS
S02 MAIN STREET, SUITE A3
CARBONDALE, COLORADO 81623
(970) 704-0311 SOPRISENG@SOPRISENG.COM 121 4 11 11016-ERISE OWG
EXHIBIT MAP OF:
COUNTY ROAD 103 ROADWAY TO BE VACATED
LOT 10, SECTION 26, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE SIXTH PRINCIPAL MERIDIAN
COUNTV OF GARFIELD, STATE OF COLORADO
SHEET 1OF2
N·C 1/16, SECTION 26
FOUND BLM ALUMINUM CAP SECTIONS 26 & 27
LiL_ __ g19~9]§'.!_ '\ ... _L:a_FOUNDBLMALUMINUMCAP
V, -BASIS OF BEARING--\/ V
' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' '"' "".9~ SCALE 1" = 50' ..,.., ';\..e_,,.._
\ft ~'%·~,'
REC. NO, 816135 '-' ' R.O.W, TO BE VACATED '-.
(HATCHED AREA) '-.
POINT OF BEGINNING '-
d N·C 1/16, SECTION 26 V FOUND BLM ALUMINUM CAP
-4'".."'l> 9'' ?• \)I~ ,-1.,"'~ •-<'.t,,~Y
POINT OF TERMINUS
LINE
l25
l26
I
I
I
STATE HIGHWAY NO. 82
LINE TABLE
BEARING I LENGTH
S76"S8'00"W T 22.47'
S76"S8'00"W I 27.S4'
SOPRIS ENGINEERING -LLC
CIVIL CONSULTANTS
S02 MAIN STREET, SUITE A3
CARBONDALE, COLORA0081623
'
970) 704·0311 SOPRISENG@SOPRISENG.COM RK 2 38 04 1 14 110 6-E ISE ROW.OWG
EXHIBIT MAP OF:
COUNTY ROAD 103 ROADWAY TO BE VACATED
LOT 10, SECTION 26, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE SIXTH PRINCIPAL MERIDIAN
COUNTY OF GARFIELD, STATE OF COLORADO
SHEET2 OF 2
ROADWAY TO BE VACATED
THE ROADWAYTO BE VACATED BEING A PORTION OF THAT 60 FOOT WIDE PARCEL OF LAND
DESCRIBED IN THE DOCUMENT RECORDED AS BOOK 93 AT PAGE 267 OF THE GARFIELD COUNTY
RECORDS SITUATED WITHIN THAT PROPERTY DESCRIBED IN THE DOCUMENT RECORDED MARCH
19, 2012 AS RECEPTION NO. 816135 OF SAID COUNTY RECORDS AND WITHIN LOT 10 OF SECTION
26, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF
GARFIELD, STATE OF COLORADO, WITH All BEARINGS CONTAINED HEREIN BEING RELATIVE TO A
BEARING OF S 89"59'06" E BETWEEN THE Ni? CORNER OF SAID SECTIONS 26AND27 ANDTHE
N-C,1, OF SAID SECTION 26; SAID ROADWAY TO BE VACATED BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE EASTERLY BOUNDARY OF THE PROPERTY DESCRIBED IN SAID
DOCUMENT RECORDED AS RECEPTION NO. 816135 FROM WHENCE SAID Nl/16CORNER BEARS N
49"38'58" W. A DISTANCE OF 4,455.73 FEET; THENCE LEAVING SAID BOUNDARY AND ALONG THE
CENTERLINE OF SAID RECORDED 60 FOOT WIDE PARCELS 62"03'00" WA DISTANCE OF 138.38
FEETTO A POINT ON THE BOUNDARY OF THE PROPERTY DESCRIBED IN THE DOCUMENT
RECORDED JULY 6, 1977 AS RECEPTION NO. 266186; THENCE LEAVING SAID BOUNDARY S
62"03'00" WA DISTANCE OF 114.22 FEET; THENCE S 76"58'00" WA DISTANCE OF 22.47 FEETTO
A POINT ON SAID BOUNDARY; THENCE S 76"58'00" WA DISTANCE OF 27.54 FEETTO A POINT ON
THE SOUTHERLY BOUNDARY DESCRIBED IN SAID DOCUMENT RECORDED AS RECEPTION NO.
816135, THE POINT OF TERMINUS FROM WHENCE SAID Nl/16 BEARS N 46"01'11" W, A
DISTANCE OF 4,341.1 FEET.
SAID ROADWAYTO BE VACATED CONTAINS 18,157 SQUARE FEET OR 0.416 ACRES, MORE OR
LESS.
SOPRIS ENGINEERING -LLC
CIVIL CONSULTANTS
502 MAIN STREET, SUITE A3
CARBONDALE, COLORADO 81623
(970) 704-0311 SOPRISENG@SOPRISENG.COM GRK12 80414141101 C RISEROW.DWG
EXHIBIT
!K
GRANT OF UTILITY EASEMENT
KNOW ALL MEN BY THESE PRESENTS, THAT for and in consideration of the
sum of Ten Dollars ($10.00) and other good and valuable considerations, the receipt and
sufficiency of which are hereby acknowledged, the undersigned Crystal Ranch Corp., a
Colorado corporation ("Grantor") does hereby dedicate and grant to each of the following -
described publ~c utility companies, to wit: Comcast, Excel Energy, Holy Cross Energy,
Source Gas, and Century Link Inc., and to their respective successors and assigns, a perpetual,
non-exclusive utility easement upon and beneath the "U tility Easement" (i) shown and depicted
on the Exhibit Map attached hereto as Exhibit A and made a part hereof by this reference, and
(ii) more particularly described on Exhibit B attached hereto and made a part hereof by this
reference, for purposes of ingress and egress for the construction, installation, enlargement, use,
operation, maintenance, repair, removal and replacement of underground utilities including
electricity, gas, telephone, and cable television, together with and including a reasonable right of
access for the accomplishment of such purposes , for the use and benefit of the above-named
utility companies or any of them that may from time to time own, operate and otherwise deal
with utility facilities installed in said easement from time to time.
Executed as of the lL day of April, 2014 .
Grantor:
STATE OF l/.·4. &.,k. )
. ) SS.
COUNTY OF tJ.,, .. u )
"
The foregoing instrument was acknowledged before me this J2 day of April, 2014, by
Barbara J. Hapgood as President of Crystal Ranch Corp., a Colorado corporation.
Witness my hand and official seal.
My commission expires: Cf/1s-1zo117
61133H_l
Exhibit A
EXHIBIT MAP OF
UTILITY EASEMENT TO BE CREATED
A PORTION OF RECEPTION NO 816135
LOTS 10, SECTION 26, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE SIXTli PRINClPAl MEP.IDIAN
COUNTY OF GARF IE LO, STATE OF COLORADO
UTIUTY EASEMENT
10, 737 50-FT. OR 0.246 AC. +/-
SCALE 1" " 30'
C.0.0.T.
REC. NO. 266186
STATE HIGHWAY NO. 82
CURVE
Cl3
SHHT!OF2
POINT OF BEGINNING
REC. NO. 816135
LINE
L!9
L20
Lll
l22
l24
CURVE TABLE
LENGTH RADIUS TANGENT OHTA
50.95' 200.00' 25.61' 14"35'43"
SOPRIS ENGINEERING-LLC
CIVIL CONSULT ANTS
502 MAIN STREET, SUITE Al
CARBONDALE, COLORADO 81623
{970) 704·0311 SOPRISENG@SOPRISENG.COM
REC NO. 31\8555
llNE TABLE
BEARING LENGTH
S62"03'00"W 134.62'
N17'10'4l"E 57.60'
N72"49'19"W 64.07'
N70'1S'39"E 160.27'
520"32'00"W 94.06'
BEARING CH ORO
N 62'57'47" E 50.81'
G.~K 12138 04 U l~ 11016-CERISf ROW.DWG
Exhibit B
EXHIBIT MAP OF·
UTILITY EASEMENT TO BE CREATED
A PORTION OF RECEPTIOI~ NO 816135
LOTS 10. SECTION 26, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE SIXTH PRINCIPAL MERIDIAN
COUNTY O> GARFIELD, STATE Oi' COLORADO
SHEET20F2
UTILITY EASEMENT TO BE CREATED
A UTILITY EASEMENT WITHIN LOT 10 OF SECTIOI< 26, TOWNSHIP 7 SOUTH, RANGE 88
WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE Of COLORADO,
ALSO WITHIN THE PROPERTY DESCRIBED IN THE DOCUMENT RECORDED MARCH 19, 2012
AS RECEPTION NO. 816135 Of THE GARFIELD COUNTY RECORDS, WITH All BEARINGS
CONTAINED HEREIN BEING RELATIVE TO A BEARING OF S 89"59'06" E BETWEEN THEN it
CORNER Of SAID SECTIONS 26 AND SECTION 27 AND THE N-C rl; Of SAID SECTION 26; SAID
EASEMENT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE COMMON BOUNDARY BETWEEN SAID PROPERTY AND
THE PROPERTY DESCRIBED IN THE DOCUMENT RECORDED DECEMBER 30, 1983 AS
RECEPTION NO. 34855S OF SAID COUNTY RECORDS FROM WHENCE SAID N it BEARS
N 49"06'13 W, A DISTANCE OF 4,471.27 FEET; THENCE LEAVING SAID COMMON
BOUNDARY S 62"03'00" W, A DISTANCE OF 134.62 FEET TO A POINT ON THE COMMON
BOUNDARY OF SAID PROPERTY PER DOCUMENT RECORDED AS RECEPTION NO. 816135
AND THE PROPERTY DESCRIBED IN THE DOCUMENT RECORDED JANUARY 31, 1975 AS
RECEPTION NO. 266186; THENCE ALONG SAID COMMON BOUNDARY N 17"10'41" E, A
DISTANCE OF 57.60 FEET; THENCE CONTINUING ALONG SAID COMMON BOUNDARY
N 72"49'19" W, A DISTANCE OF 64.07 FEET TO A POINT ON THE SOUTHERLY
RIGHT-Of-WAY FOR CR103 DESCRIBED IN THAT DOCUMENT RECORDED 20_
AS RECEPTION NO. Of SAID COUNTY RECORDS; THENCE ALONG SAID
RIGHT-OF-WAY N 70"15'39" E, A DISTANCE Of 160.27 FEET; THENCE CONTINUING ALONG
SAID RIGHT-OF-WAY 50.95 FEET ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A
RADIUS OF 200.00 FEET; A CENTRAL ANGLE OF 14"3S'43" (CHORD BEARS N 62"57'47" E, A
DISTANCE OF 50.81 FEET) TO A POINT ON THE COMMON BOUNDARY BETWEEN SAID
PROPERTY DESCRIBED IN THE DOCUMENT RECORDED MARCH 19, 2012 AS RECEPTION NO.
816135 Of SAID COUNTY RECORDS AND THE PROPERTY DESCRIBED IN THE DOCUMENT
RECORDED DECEMBER 30, 1983 AS RECEPTION NO. 348555 Of SAID COUNTY RECORDS;
THENCE ALONG SAID COMMON BOUNDARY S 20"32'00" W, A DISTANCE Of 94.06 FEET TO
THE POINT Of BEGINNING.
SAID EASEMENT CONTAINS 10,737 SQUARE FEET OR 0.246 ACRES, MORE OR LESS.
SO PRIS ENGINEERING· LLC
CIVIL CONSULTANTS
502 MAIN STREET, SUITE Al
CARSONOAlE, C0LORAD081623
{970) 704·0311 SOPR!SENG@SOPR!SENG.COM GRI( 121 8 04 14 M ll016-CER15E ROW.OWG
GRANT OF UTILITY EASEMENT
KNOW ALL MEN BY THESE PRESENTS, THAT for and in consideration of the
sum of Ten Dollars ($10.00) and other good and valuable considerations, the receipt and
sufficiency of which are hereby acknowledged, the undersigned Clifford Cerise Ranch Co.,
L.L.L.P., a Colorado limited liability limited partnership ("Grantor") does hereby dedicate
and grant to each of the following-described public utility companies, to wit: Comcast, Excel
Energy, Holy Cross Energy, Source Gas, and CenturyLink Inc., and to their respective
successors and assigns, a perpetual, non-exclusive utility easement upon and beneath the "Utility
Easement" (i) shown and depicted on the Exhibit Map attached hereto as Exhibit A and made a
part hereof by this reference, and (ii) more particularly described on Exhibit B attached hereto
and made a part hereof by this reference, for purposes of ingress and egress for the construction,
installation, enlargement, use, operation, maintenance, repair, removal and replacement of
underground utilities including electricity, gas, telephone, and cable television, together with and
including a reasonable right of access for the accomplishment of such purposes, for the use and
benefit of the above-named utility companies or any of them that may from time to time own,
operate and otherwise deal with utility facilities installed in said easement from time to time.
Executed as of the l.k day of April, 2014.
STATEOF lo\rrra.do ) ri ) SS.
coUNTY OF C1acfie1 )
Grantor:
The foregoing instrument was acknowledged before me this fu day of April, 2014, by
Robert S. Cerise, Toni S. Cerise, and Michael B. Cerise as General Partners of Clifford Cerise
Ranch Co., L.L.L.P., a Colorado limited liability limited partnership.
Witness my hand and official seal.
My commission expires:
6813355_2
Exhibit A
EXHIBIT MAP OF:
UTILITY EASEMENT TO BE CREATED
LOT 10, SECTION 26, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE SIXTH PRINCIPAi MERIDIAN
COUNTY OF GARFIELD, STAH OF COLORADO
SHEET 1 or 2
...cill_ s 89"59'06"J__ -'",_ -,._
NkSECTIONS 26 & 27
FOUND BlM ALUMINUM CAP
~~ ........ -BASiS&sEARING ' . ./ v~
/ "'-N-C 1/16, SECTION 26
_/ "--"--"--"--"--FOUND SLM ALUMINUM CAP
RIGHT-OF-WAY
REC. NO.
REC. NO. 816135
UTILITY EASEMENT
6,259 SQ. FT. OR0.143 AC. t/-
,'
/ ,
I ,
' ' '.1's,.,
~°./. <1<1;>/.:S'/~
"'{->'>-'(
POINT OF BEGINNING
/--------·· -i1
/,,"-----------;';(~ ,
·~,
f------· ··----;' /
------' f---------$~!/,/
_____ ,/' /
!----------~,'
, ,
I
I
I
'ROA~Y
REC. NO. 454977
C.R.103
SCALE 1" = 40'
I
I~
I
REC. NO. 348555
CURVE
C9
ClO
CH
, , I
LENGTH
167.45'
114.93'
41.92'
RADIUS
1092.80'
402.29'
200.00'
LINE TABLE
LINE BEARING
L!6 S34"52'40"W
L17 Nzo•32•oo"E
LlB N43'39'27"E
CURVE TABLE
TANGENT DELTA
83.89' 8'46'47"
S7.86' 16'22'09"
21.03' 12"00'29"
SOPRIS ENGINEERING· LLC
CIVIL CONSULTANTS
S02 MAIN STREET, SUITE A3
CARBONDALE, COLORADO 81623
970) 704-0311 SOPRISENG@SOPRISENG.COM
LENGTH
123.76'
94.88'
274.78'
BEARING CHORD
s 39"16'03" w 167.29'
s 43"03'44" w 114.S4'
N 49"39'41" E 41.84'
GRK 121~804 17 14 11016-CERISEROW.D G
Exhibit B
EXHIBIT MAP OF;
UTILITY EASEMENT TO BE CREATED
LOT JO, SECTION 26, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE SIXTH PRltlCIPAL MERIDIAN
COUNTY Of GARFICLD. STATE OF COLORADO
SHEET 2 OF~
UTILITY EASEMENT TO BE CREATED
A UTILITY EASEMENT WITHIN LOT 10 OF SECTION 26, TOWNSHIP 7 SOUTH, RANGE 88 WESTOF
THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO, ALSO WITHIN THE
PROPERTY DESCRIBED IN THE WARRANTY DEED RECORDED DECEMBER 30, 1983 AS RECEPTION
NO. 348555 OF THE GARFIELD COUNlY RECORDS, WITH All BEARINGS CONTAINED HEREIN
BEING RELATIVE TO A BEARING OF S 89"59'06" E BETWEEN THE N fg CORNER OF SAID SECTIONS
26 AND SECTION 27 AND THEN-CJ\ OF SAID SECTION 26; SAID PARCEL BEING MORE
PARTICUlARl Y DESCRIBED AS FOLLOWS:
BEGINNING AT A POINTON AN EXISTING ROADWAY DESCRIBED IN THE DOCUMENTRECORDED
NOVEMBER 10, 1993 AS RECEPTION NO. 454977 FROM WHENCE SAID N f. CORNER BEARS
N 54"16'54" W, A DISTANCE OF 4,476.42 FEET; THENCE LEAVING SAID ROADWAYTHE
FOLLOWING THREE (3) COURSES
l) 167.45 FEET ALONG THE ARC OF A CURVE TO THE LEFT, RADIUS OF 1,092.80 FEET, CENTRAL
ANGLE OF 8°46'47" (CHORDS 39"16'03" W, 167.29 FEET);
2) S 34"S2'40" W, 123.76 FEET;
3) 114.93 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, RADIUS OF 402.29 FEET, CENTRAL
ANGLE OF 16"22'09" {CHORDS 43"03'44" W, 114.54 FEET) TO A POINT ON THE COMMON
BOUNDARY Of SAID WARRANTY DEED ANO THE PROPERTY DESCRIBED IN THE DOCUMENT
RECORDED MARCH 19, 2012 AS RECEPTION NO. 816135 OF SAID COUNTY RECORDS; THENCE
ALONG SAID COMMON BOUNDARY N 20"32'00" E, A DISTANCE OF 94.88 FEET; THENCE LEAVING
SAID COMMON BOUNDARY AND ALONG THE SOUTHEASTERLY BOUNDARY Of THE
RIGHT-OF-WAY FOR CR103 RECORDED , 20_AS RECEPTION NO. ___ OF SAID
COUNTY RECORDS THE FOLLOWING TWO (2) COURSES:
1) 41.92 FEET ALONG THE ARC OF A CURVE TO THE LEFT, RADIUS OF 200.00 FEET, CENTRAL
ANGLE OF 12"00'29" (CHORD N 49"39'41" E, A DISTANCE OF 41.84 FEET);
2) N 43"39'27" E, 274.78 FEETTO THE POINTOF BEGINNING.
SAID EASEMENT CONTAINS 6,259 SQUARE FEET OR 0. 143 ACRES, MORE OR LESS.
SOPRIS ENGINEERING -LLC
CIVll CONSUl TANTS
502 MAIN STREET,SUITE A3
CARBONDALE, COtQRAD081623
(9701 704-0311 SOPRISENG@SOPR!SENG.COM GRK 2138 04 1114 11016-CERIS ROW.DWG