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Home My WebLink AboutResolution 2014-201111 ~1 r_.t;ll11r'"J.M1 ~r"-t~~iJ 1,l,iliU'l~ll1;(i~'1 ~'~ ~\'lliM, 11111 Recept.ioni:i: 848461 04122/2014 04 35:48 PM Jean Alberico ! of -; Rec Fee $0 00 Doc Fee 0 OIJ G~RFIELD COUrHY CO 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 21th day of April, 2014, there were present: J,_,o""h,,,n,_,M=art=in,__ __________ , Commissioner Chairman M=ik=e~Sa=m=so=n~----------• Commissioner T_,_o""m......,J"'ank=o"'v"'s"'k_,_y __________ , Commissioner ~An=d=re~w~G=o~rg"'e,,y __________ , County Manager ~F=rank=~H~u=t=fl~es=s~----------· County Attorney =K=e=ll,_y~C=a~v=e ____________ ., 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. J. DI '-f -a 0 A RESOLUTION CONCERNED WITH VACATING THE PUBLIC ROAD RIGHT-OF-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/2SE1/4 of Section 23, NE1/4NE1/4 and Lots l 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, and the SEl/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 1?8'YS<} and tll'l'ltoO . 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 recent! y 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. Pagel of3 1111 ~1~.i~:ln:r'!, ril'.l'+lU!~ 1-J~lli:alM'~I·~~,., ~~ '11il"·~ 11111 Receptlonij: 848461 04122/2014 04 35:48 PM Jean Alberico 2 of 7 Rec Fee $0 00 Doc Fee 0 00 GARFIELD COLN1'r' CO 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( 1 )(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 7ili 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 7ili 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: I. 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., L.L.L.P. 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 ~ I~ day of _~-~F-'-r\""""'\ ___ , 2014. BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO Page 2 of3 1111 w,11Jlt11l 1~ M,I,\ llf1' lti',1\l~Xt l.l .. ';l.J~'•l,rH!~IK11I, 11111 Reeeptlon~: 848461 0412212014 04 35.48 PM Jedn Alberico 3 of 7 Rec Fee $0 00 Doc Fee 0 00 GARFIELD COUr·JTY CO ATTEST: ---... ---- Upon motion duly made ands following vote: ea the foregoing Resolution was adopted by the John Martin ,~ay ,_,M,.,ik.,e"-"S""am""""so,,,n._ _________ ,, 'Aye Nay =T=o=m~J~ank=o~v~s=k"-y _________ , y ay Commissioners Page 3 of3 EXHIBIT MAP OF; COUNTY ROAO 103 ROADWAY TO BE VACATED LOT 10, SECTION 26, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE SIXTH PR.INCi PAL MERIDIAN COUNTY OF GARFIELD, STATE Of COLORAOO SHEET 1 OF 2 SECTIONS 26 & 27 FOUND SLM ALUMINUM CA.P 60' ROADWAY {REC. NO. 454977) REMAINING C.R. 103 POINT OF TERMINUS SCALE 1" =40' REC. NO. 816135 SECTIONS26&27 FOUND BLM ALUMINUM CAP N-C 1/16, SECTION 26 FOUND BLM ALUMINUM CAP ... ~· •... -· __ ... --· _ .... -- ! / ~/ :: :.--::.:_::_::~/---_POINTOF BEGINNING SOPRIS ENGINEERING -LLC CIVIL CONSULTANTS 502 MAIN STREET, SUITE A3 CARBONDALE, COLOR.A0081623 1970) 704-0311 SOPRISENG@SOPRISENG.COM CURVE TABLE CURVE LENGTH RADIUS TANGENT Cl 47.92' 372.29' 23.99' Cl 172.05' 1122.80' 86.19' l -.. -1 .. I I LINE TABLE LINE I BEARING Ll I N34'51'40"E DELTA BEARING CHORD 7"22'28" N 38"33'53" E 47.88' 8°46'47'' N 39°16'03" E 171.88' EXHIBIT A I LENGTH I 123.76' 11 14 11016-w EXHIBIT MAP OF: COUNTY ROAO 103 ROAOWAY 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 2 OF 2 ROAOWAY TO BE VACATEO THE ROADWAY TO BE VACATED BEING A PORTION OF THAT ROADWAY DESCRIBED IN THE DOCUMENT RECORDED NOVEMBER 10, 1993 AS RECEPTION NO. 454977 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 B9"59'06" E BETWEEN THE Nit CORNER OF SAID SECTIONS 26AND27 ANDTHE N·CitOF 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 Nit CORNER BEARS N.46"54'41"W., A DISTANCE OF 4,44B.44 FEET; THENCE LEAVING SAID BOUNDARY AND ALONG THE CENTERLINE OF SAID RECORDED 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 38"33'53" E, 47.B8 FEET); 2) N 34"52'40" E, 123.76 FEET; 3) 172.0S 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 Nit BEARS N 54"20'06" W, A DISTANCE OF 4,446.71 FEET. SAID ROADWAY TO BE VACATED CONTAINS 20,2D7 SQUARE FEET OR 0.463 ACRES, MORE OR LESS. SOPRIS ENGINEERING -LLC CIVIL CONSULTANTS 502 MAIN STREET, SUITE A3 CARBONDALE, COLORAD081623 (970) 704-0311 SOPRISENG@SOPRISENG.COM GRK12 041 1 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 1 OF 2 N-C 1/16, SECTION 26 FOUNO SLM ALUMINUM C.AP SECTIONS 26 & 27 ~ S 89"59'06" E " t:i.._FOUND BLM ALUMINUM CAP V, --6AS!s5FeEARING'v/ 1_ -v ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' '~.9· SCALE 1" = 50' ... .,,s.~O':('_ :s:~~ ~., REC. NO. 816135 '-'-' R.O.W. TO BE VACATED '- (HATCHED AREA) ' POINT OF BEGINNING '- ..a._ N-C 1/16, SECTION 26 V FOUND BLM ALUMINUM CAP -t-. . .,,,o-1", 11,,.,, '\..,,..,_ ·<i'-1",, '1' '-· -·~/: POINT OF TERMINUS LINE l25 L26 I I I STATE HIGHWAY NO. 82 LINE TABLE BEARING I LENGTH S76'58'00"W I 22.47' S76"S8'00"W I 27.54' SOPRIS ENGINEERING· LLC CIVIL CONSULTANTS 502 MAIN STREET, SUITE A3 CARBONDALE, COLORADO 81623 970 704-0~11 SOflRISENG SOPRISENG.COM EXHIBIT I s -• ~ 0 u =~ ~ --~ z ~ ~ u ~ 0 ~ ~ w ~ • OU ~ OU "~ ' -00 ~ DO -"' ao '-. 1 14 11016-CERISE EXHIBIT MAP OF: COUNTY ROAD 103 ROADWAY TO BE VACATED LOT 10, SECTION 26, TOWNSHIP 7 SOLITH, RANGE 88 WEST OF THE SIXTH PRINOPAl MERIDIAN COUNTY OF GARFIELO, STATE OF COLORADO SHEET 2 OF 2 1111 W.1~_.~:f ~°'l,HI,\ flW, '~f:i ~.',ll~'b.''1~i·lil':~ll ,~1il•,•), 11111 Reception~: 846461 04/22/2014 04 35·48 PM Jean Alberico 7 of 1 Rec Fee $0 00 Doc Fee:0.00 Gf:IRFIELO COL~TY CO ROADWAY TO BE VACATED THE ROADWAY TO 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. 81613S 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 AND THE N·Ci\:OF SAID SECTION 26; SAID ROADWAYTO BE VACATED BEING MORE PARTICULARLY DESCRIBED AS FOUOWS: BEGINNING AT A POINT ON THE EASTERLY BOUNDARY OF THE PROPERTY DESCRIBED IN SAID DOCUMENT RECORDED AS RECEPTION NO. 816135 FROM WHENCE SAID Nl/16 CORNER 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 FEET TO 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 FEET TO A POINT ON SAID BOUNDARY; THENCE s 76°S8'00" w A DISTANCE OF 27.54 FEETTO A POINTON THE SOUTHERLY BOUNDARY DESCRIBED IN SAID DOCUMENT RECORDED AS RECEPTION NO. Bl6135, THE POINT OF TERMINUS FROM WHENCE SAID Nl/16 BEARS N 46°01'11" W,A DISTANCE OF 4,341.1 FEET. SAID ROADWAY TO 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, COLORAOO 81623 (970) 704-0311 SOPfUSENG@SOPRISENG.COM