HomeMy WebLinkAbout1.0 ApplicationGARFIELD COUNTY
- / Building & Planning Department
108 8th Street, Suite 401
Glenwood Springs, Colorado 81601
Telephone: 970.945.8212 Facsimile 970.384.3470
www.garfield-cotintv.com
REF; ,d,.-
DEC062001
GARHLLL Y
BUILDING & PLAiVi‘iiNG
VACATING PUBLIC ROADS & RIGHTS-OF-WAY
GENERAL INFORMATION
:- Street Address / General Location of Property: 0163 Mt. Sopris Ranch Road,
Carbondale, AKA Perry Sopris Ranch
> Legal Description: See attached legal description.
General description of Road/R.O.W. Vacation Requested:
That portion of County Road 118 that traverses the Perry
Sopris Ranch for approximately 0.42 miles.
Name of Property Owner: Iron Rose Land & Cattle II, LLC
Address: 1000 Blue Heron Lane Telephone:
:- City: Carbondale State: CO Zip Code: 81623 FAX:
Name of Owner's Representative, if any (Attorney, Planner, etc):
John F. Neiley, Neiley & Alder, Attorneys
Address: 6800 Highway 82, Suite 1 Telephone: 970-928-9393
> City: Glenwood Springs State: CO Zip Code: 81601 FAX970-928-93'�
STAFF USE ONLY
Doc. No.: Date Submitted: TC Date:
Planner: Hearing Date:
GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT
AGREEMENT FOR PAYMENT FORM
(Shall be submitted with application)
GARFIELD COUNTY (hereinafter COUNTY) and Iron Rose Land & Cattle II, LLC
(hereinafter APPLICANT) agree as follows:
I. APPLICANT has submitted to COUNTY an application for Vacation of a portion
County Road 1 1 8 (hereinafter, THE PROJECT).
2. APPLICANT understands and agrees that Garfield County Resolution No. 98-09, as amended,
establishes a fee schedule for each type of subdivision or land use review applications, and the guidelines for
the administration of the fee structre.
3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed
project, it is not possible at this time to ascertain the full extent of the costs involved in processing the
application. APPLICANT agrees to make payment of the Base Fee, established for the PROJECT, and to
thereafter permit additional costs to be billed to APPLICANT. APPLICANT agrees to make additional
payments upon notification by the COUNTY when they are necessary as costs are incurred.
4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of
consulting service determined necessary by the Board -of -County -Commissioners for the consideration of an
application or additional COUNTY staff time or expense not covered by the Base Fee. If actual recorded costs
exceed the initial Base Fee, APPLICANT shall pay additional billings to COUNTY to reimburse the COUNTY
for the processing of the PROJECT mentioned above. APPLICANT acknowledges that all billing shall be paid
prior to the final consideration by the COUNTY of any land use permit, zoning amendment, or subdivision
plan.
Date: 12-- S - =0q
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10/2004
Page 4
JAN.03'2008 13:38 9289399 #3699 P.003/003
IRON ROSE
eorn..e
January 3,2008
Fred Jarman
Garfield County •
Building and Planning Department
108 8'a Street, Suite 401
Glenwood Springs, CO 81601,
Dear Mr. Jarman:
This letter will confirm that Iron Rose Land and Cattle II, LLC has authorized John
Neiley of the law finn of Neiley & Alder to submit an application on the LLC's behalf to
vacate a ponion of County Road 11S, Please feel free to contact me if you need any
further assistance.
Very Truly Yours,
Tom Bailey
Owner
Petition to Vacate a Portion of County Road 118
Prepared By:
John F. Neiley
Neiley and Alder Attorneys
6800 Highway 82
Suite 1, Upper Level
Glenwood Springs, CO 81601
970-928-9393 Phone
970-928-9399 Fax
NEILEY & ALDER
ATTORNEYS
201 North Mill Street, Suite 102
Aspen, Colorado 81611
(970) 925-9393
Fax (970) 925-9396
Fred Jarman
Garfield County
Building & Planning Department
108 8th Street Suite 401
Glenwood Springs CO 81601
Don Deford
Garfield County Attorney
108 8th Street Suite 219
Glenwood Springs CO 81601
RICHARD Y. NEILEY, JR.
EUGENE M. ALDER
JOHN F. NEILEY
December 6, 2007
Please Reply To:
6800 Highway 82, Suite 1, Upper Level
Glenwood Springs, Colorado 816or
(970) 928-9393
Fax (970) 928-9399
Re: PETITION TO VACATE A PORTION OF COUNTY ROAD 118
Dear Mr. Jarman and Mr. Deford:
I. INTRODUCTION
In this Petition, the land owner Iron Rose Land Cattle II, LLC, a Colorado limited
liability company (hereinafter "Petitioner") requests that Garfield County vacate any interest it
may have in a portion of County Road 118 ("CR 118"), also known as Mount Sopris Ranch
Road. The legal description of the portion of the road the Petitioner wishes to vacate is described
in more detail on the attached survey under Tab A. The portion to be vacated is that portion of
CR 118 beginning at the ranch boundary, traversing a portion of Petitioner's property, and
terminating in Petitioner's hay fields. The road to be vacated does not provide access to any
public lands and does not provide access to any other private property other than the Petitioner's
land. Petitioner seeks a County Resolution vacating the road in accordance with C.R.S. § 43-2-
303 and BOCC Resolution 2003-07.
Petitioner is the owner of a tract of land described in the Warranty Deed appended to this
Petition at Tab G. The property was previously known as the "Perry Sopris Ranch". The
specific portion of the ranch that is the subject of this Petition, is described on the ranch survey
and vicinity map as "Parcel 1" and consists of approximately 268 acres south of the Carbondale
Town Limits and west of State Highway 133. A vicinity map and aerial photos of the parcel are
attached hereto under Tab A. The Petitioner acquired the land in 2006. CR 118 starts at State
Highway 133 immediately to the south of the Colorado Division of Wildlife fish hatchery. The
road crosses the Crystal River and turns southward until it reaches an old ranch gate. The
roadway is paved for a short way past the bridge then reverts to a gravel/dirt surface. The
roadway through the ranch is unimproved dirt and gravel, and it continues south into the
ranch meadows and hay fields. The Petitioner is seeking to vacate only that portion of
CR 118 that lies within the ranch boundaries. The Petitioner is not seeking to vacate, and
does not dispute the status as a public road of, that portion of County CR 118 running
from the intersection of State Highway 133, across the bridge and to the ranch boundary.
The maintenance of the public portion of this portion of CR 118 will preserve public
access across the Crystal River and to the Colorado Division of Wildlife property located
between the Petitioner's eastern boundary and the edge of the river.
Priortothe purchase of the property, the Petitioner obtained a title commitment
and survey, both of which identified CR 118 as lying completely outside the boundary of
the property. It was only after purchasing the property that the Petitioner discovered that
the County asserted public road status for the roadway, including that portion located on
the ranch and crossing the ranch pasture. Apparently, the County asserts that the entire
roadway from Highway 133 south through the ranch property to a point where the dirt
road rejoins Highway 133 may be public by virtue of adverse use by the public for a
period in excess of 20 years. The County records show that only a short portion of CR
118 was maintained by the County and listed on the County's maps as a public road. The
historical evidence for a claim of adverse use of the entire road by the public is thin at
best. The Petitioner disputes that the ranch portion of CR 118 is public and is seeking to
vacate that portion of the road that lies within the ranch. The vacation of that section of
the road will have no adverse effect on any adjacent property owners, will not limit or
sever any access to public lands, and will have no adverse consequences for the County
or the public.
The Petitioner has plans to restore and enhance the traditional agricultural uses of
the property. These improvements include restoration of some of the historic ranch
buildings, improvements to the irrigation system, and the construction of new barns and
out buildings. This property has high agricultural and scenic values, but is obviously a
very attractive site for development. The Petitioner plans to preserve the historic uses of
the property and its scenic values rather than develop or subdivide the property for
residential uses; however, the existence of a disputed public roadway through the heart of
the proposed improvements is inconsistent with the use of the property for agricultural
purposes.
Attached to this Petition are the materials required by County Resolution 2003-07.
A more comprehensive analysis of the history of the road, a description of the current
status and use of the road, and the more detailed items required by the Resolution and
Colorado statutes is set forth below.
II. THE HISTORY OF THE ROAD
The Petitioner's research discloses that the first record evidence relating to CR
118 is a Warranty Deed, dated February 13, 1909, between E.H. Grubb and Max Grubb
as Grantors and Garfield County as Grantee. The deed conveyed the following real estate
to the County:
A strip of land 45 feet wide, commencing where the Crystal River
Boulevard leaves the Elk Mountain Grade, at or near the line
between Lots 2 and 7 in Section 10, Township 8 South, Range 88
West, 6`h P.M., thence through Lot 2 aforesaid to a point
approximately west of what is known as Grubb's Bridge across the
Crystal River; thence northeasterly to the right-of-way of the
Crystal River Railroad, at or near Grubb's Station; all as said
Boulevard is now located, constructed and fenced, conveying also
hereby the aforesaid bridge; the same being for a public highway.
While the legal description obviously leaves much to be desired as far as locating
the exact boundaries of the deeded roadway, it is clear that the portion of the road
running from Highway 133 (which is now generally located in the right-of-way for the
old Crystal River Railroad) across the bridge and at least partway onto the west bank of
the Crystal River is deeded to the. County in fee as a public roadway. I have attached
some copies of the historic maps showing the general location of the Crystal River
Railroad as well as the Elk Mountain Grade and the Crystal River Boulevard for
reference purposes. The Elk Mountain Railway Grade was abandoned in about 1941 at
the same time the Crystal River Railroad in Aspen and Western Railroad lines were
abandoned.
The next record documents relating to CR 118 are the County's HUTF maps and
reports submitted to the Colorado Department of Transportation. The General Highway
Map of Garfield County, dated 1951, does not depict any portion of CR 118. This map
was prepared by the State and not by the County, and it is not clear whether the County
ever formally adopted the 1951 General Highway Map as being an accurate depiction of
roads claimed by the County as public roads. There are no documents showing that CR
118 was listed on the inventory of roads on the County's inventory list submitted to the
State for HUTF reimbursement from 1951 through 1980.
The 1961 General Highway Map of Garfield County, also prepared by the
Colorado Department of Highways, does include CR 118 but depicts it as running from
Highway 133 across the Crystal River Bridge on the north, then south through the
entirety of Section 10, through the northern portion of Section 15, and then back to
Highway 133. The accuracy of this map is questionable since there is no evidence that
there was ever a roadway that extended all the way through Section 10 and into Section
15 back to Highway 133. It is also unclear whether the County every formally adopted
the 1961 Department of Highways map as the official map of the County roadways.
The next map in the County records is the 1976 General Highway Map of
Garfield County, again prepared by the State Department of Highways. This map depicts
a gravel surfaced road starting on Highway 133, traveling west over the Crystal River
Bridge and then generally south until it terminates at a gate on the ranch property. Based
on the scale of the map, the roadway is approximately 0.35 miles in length. There is
some evidence that the 1976 map was formally adopted by the Board of County
Commissioners as the County's official roadmap for HUTF purposes. A copy of the
1976 County Roads Map is stored in the Clerk's vault in a file designated as "maps from
Commissioner's office." The County Clerk is researching this map to determine whether
it is the same as the 1976 Department of Highways Map, but the notation indicating that
the map was obtained from the Commissioner's office at least indicates tangentially that
the 1976 map may have been formally adopted by the BOCC as the official map for
Garfield County roads. From 1976 onward until 1995, the 1976 map was either attached
as an exhibit to the HUTF submittals to the State or at least referenced in those
submittals. In 1995, the County began generating its own independent maps from those
of the Colorado Department of Highways.
CR 118 first makes a formal record appearance in the County road inventory for
HUTF applications in 1987. For the years 1987, 1988, 1989, 1990, 1991, 1992, and
1993, the HUTF applications on file with the County indicate that CR 118 had a total
distance of 0.39 miles. There are no records for CR 118 in the 1994 file. Up through
1991, the road classification was identified as a dirt/gravel road running from Highway
133, to the bridge and thence to a locked gate on the ranch. None of the reports show the
road reconnecting to Highway 133. The total distance of CR 118 from Highway 133 on
the north to the point where it supposedly rejoins Highway 133 to the south is 0.64 miles.
The longest distance for CR 118 reported by the County for HUTF purposes is 0.39
miles.
In 1992, road changes were made to CR 118 in connection with the paving of that
portion of the road from Highway 1-33 across the bridge, as well as reconstruction of the
bridge across the Crystal River. These changes are reflected in the HUTF reports as "re-
do segment" of the road. In connection with the reconstruction of the bridge and the
paving of the road, there is apparently some anecdotal evidence that some individuals
may have made representations at the time that CR 118 was public and should be
improved to provide better access to other properties besides the ranch. The other
properties that would have utilized the roadway from Highway 133 across the bridge
were the MacCready and Stover properties located to the west of the Perry Sopris Ranch.
Although those particular properties never had direct access by virtue of CR 118 or any
other public road, the Petitioner's predecessors in title did grant an access easement to the
Stover and MacCready parcels that originated at the west end of the CR 118 bridge and
from there up to the respective parcels. The historic easement was recorded at Book 482
Page 333. Consequently, at the time the 1992 road work was undertaken, these
individuals may have advocated for the reconstruction of the bridge and road work since
they did in fact use a portion of CR 118 to access their private easements which then
provided access to their respective properties. The historic easement has since been
vacated by Stover and MacCready, and those properties now obtain access through an
alternative easement from Crystal Bridge Drive in River Valley Ranch.
The only other properties that used CR 118 for access are the Fasching Haus
parcel abutting the ranch immediately to the north and the old Ruth Brown tract located
entirely within Parcel 1 of the ranch. Both of these parcels are now owned by the
Petitioner and were acquired with the ranch purchase. Access to the Fasching Haus parcel
is obtained through a recorded easement at Book 867 Page 667 that still remains in place.
The Ruth Brown tract has historically been part of the ranch and its access will continue
to be provided by the ranch road. The vacation of the road will not affect or limit access
to either parcel.
Finally, the Colorado Division of Wildlife owns an immediately abutting property
on the west side of the River and will still be able to obtain access via the bridge and
through the portion of CR 118 that will retain its public status, as well as by virtue of
recorded 30 foot rights-of-way which presently encumber the ranch property.
Beginning in 1995, the HUTF files included maps that were generated by Garfield
County and that no longer made reference to the 1976 Colorado Department of
Transportation maps. Those maps, which are attached under Tab L, modify the
description of CR 118. In the HUTF reports from 1995 through 2001, CR 118 is depicted
as a short stub running from Highway 133 across the bridge and then ending at the ranch
gate. The mileage calculations for the roadway were shown as 0.26 miles, rather than the
previous 0.39 miles. There is no indication in the file why the amount of roadway for
which the County was claiming a maintenance reimbursement was diminished, but the
maps and the mileage logs are consistent throughout these years.
In 2002, the County revised its maps again, and again reduced the total amount of
mileage being claimed for HUTF purposes. The total distance for the road was then
described as 0.19 miles, and CR 118 was shown on the maps as an even shorter stub road,
again -running -from -Highway 1-33 across the -bridge -and -to -the -locked gate on the -ranch
property. The reports from 2002 through the most recent report in 2007 are consistent in
describing the total road length as 0.19 miles, and the maps depict the road merely as a.
stub road running from Highway 133 across the bridge and to the locked ranch gate.
All the other County generated maps show CR 118 in the same manner, i.e. a
short stub road ending at the ranch gate. These County generated maps are attached at
Tab L and include the following: 2005 Road Map of Garfield County; County Town
Street Map; County USFS Roadless Areas; County 2002 Average Daily Traffic Map;
2006 Plow Routes; Base Map Garfield County; Base Map - Carbondale Enlargement;
County Zoning Map; County Comprehensive Plan Map; County Floodplain Map; County
Topo Map; County Wildfire Hazard Map; and County Voter Precincts Map.
Therefore, with the exception of the 1961 Colorado Department of Highways
map, all of the County maps and records depict CR 118 as a road that commences at
Highway 133, crosses the bridge, and then ends at a locked ranch gate on the Perry Sopris
Ranch property. Over the years, the County has steadily decreased the claimed mileage
of CR 118 for HUTF purposes from 0.39 miles, to 0.26 miles, to 0.19 miles for the last
six years. There is no historic evidence that the road on the ranch was ever used by the
general public in the configurationdepicted on the 1961 State Highway map. The
Petitioner's predecessors in title also dispute that CR 118 ever completely traversed the
Perry Sopris Ranch and rejoined Highway 133 in Section 15 as depicted on the 1961
map. In fact, the Petitioner's predecessors in title are prepared to submit affidavits or
provide other testimony to the affect that CR 118 always terminated at the ranch gate and
was not used by the general public.
In addition to researching the HUTF files on the County, the Petitioner also spent
several hours at the Clerk and Recorders Office researching the County Road Viewers
Reports and Road Viewers Map dating from the late 1800s through the early 1950s.
None of the County Road Viewers Reports or Maps discuss or depict CR 118 in any
fashion. Therefore, it appears that the only historic record evidence of the creation of a
public road is derived from the original 1906 deed from the Grubbs to the County. There
does not appear to have been any period in which the general public made use of any
other portion of the road for the requisite 20 year period to establish a public road by
prescriptive use. The Petitioner is not requesting that the County vacate that portion of
the road, which runs from Highway 133 across the bridge. The Petitioner is merely
requesting that the County vacate and disclaim any interest the County may assert to that
portion of the road which may lie within the ranch boundaries and which was created
either by the claimed adverse use by the public or by any other means.
III. COMPLIANCE WITH GARFIELD COUNTY RESOLUTION 2003-07
Pursuant to BOCC Resolution 2003-07, an applicant for a Petition to vacate a
public road must submit the following materials with the application:
1. A vicinity map showing the following:
A. The location of adjacent properties and any structures within 200 feet of
the boundaries of the vacation, including any publicly owned land;
B. Land uses for those adjacent properties;
C. Location of all existing utilities in or adjacent to the proposed vacation;
D. Existing road rights-of-way within a 200 feet radius of any proposed
vacation; and
E. A survey and map containing a legal description and graphic depiction of
the proposed vacation suitable to be recorded in the office of the County
Clerk and Recorder.
The required material is attached under Tab A.
2. All additional materials necessary to adequately review the application as
determined by the Building and Planning Director within fifteen (15) working days
following submittal.
These additional materials, if needed, will be determined by the Planning Department.
3. A description of the current condition of the road or right-of-way, a traffic
analysis of current uses, a description of any gates placed upon the road or right-of-
way, a description of the current and historic uses of the roadway and the position
of the applicant concerning continued use of the roadway for non -motorized public
use.
A traffic analysis of the Average Daily Trips for the road is attached at Tab C. The
Petitioner has described the current uses of the road and the existence of gates in this
narrative. The Petitioner does not wish to see any public use of the vacated portion of the
road, whether motorized or non -motorized. The Petitioner has no objection to the
continued use of the remainder of CR 118 by the public.
4. A letter from any involved utility company stating the company's position on the
proposed vacation.
No utility companies are affected by the vacation. There are no utilities in road.
5. A letter from any affected fire district stating that district's position on the need
for maintaining the right-of-way for emergency use.
The Carbondale and Rural Fire Protection District has stated no opposition to the
vacation. The letter is attached at Tab E.
6. A statement indicating whether or not the proposed vacation has ever been
established as a county road.
This submittal narrative addresses the historic use of the road. Only a portion of CR 118,
of varying lengths, has ever been established as a county road.
7. A title opinion from an attorney or title company stating the basis (deed,
dedication, prescription, etc.) for the interest in the public or county.
The Petitioner has attached at Tab G the original warranty deed for a portion of the road
that was actually deeded to the County, the warranty deed for the ranch, and
correspondence from the County Attorney and the Petitioner's legal counsel outlining the
various issues regarding the status of the road.
8. A statement indicating whether or not the proposed vacation provides any access
to public lands. (If the proposed vacation concerns a road or right-of-way that
extends to public land, the application shall include evidence that all posting,
publication and notification required by §43-2-201.1, C.R.S., as amended, has
occurred at least eighteen (18) months prior to the date of submittal of the
application.)
The road to be vacated does not provide any access to public lands.
9. Names and addresses of all property owners adjacent to that portion of the right-
of-way proposed for vacation, including any public land owners.
There are no property owners other than the Petitioner who have property immediately
adjacent to the roadway to be vacated. A list of potentially interested nearby owners is
attached at Tab I.
10. Four (4) copies of all information required for the application. - Attached
11. A $400.00 Base Fee: Attached, and "Agreement for Payment" - Attached.
In addition to the forgoing, the Resolution provides that the Board of County Commissioners
shall not approve any petition or request to vacate a county or public road right-of-way when the
following information has been submitted to the BOCC:
1. The subject county road or public road right-of-way provides any access to public
lands (for the purpose of this subsection public lands shall mean any property
owned by the federal government or the State of Colorado).
As stated above, no portion of the proposed vacation provides access to any public
property.
2. The subject county road or public road right-of-way abuts or is connected 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.
No portion of the proposed vacation meets these conditions.
3. The subject county road or public road right-of-way is currently used or will be
used in the foreseeable future for any county or public road purpose. The term
"County or public road purpose" includes, but is not limited to, motor vehicle use,
pedestrian use, equestrian use, bicycle traffic, stock drive, or placement of utilities.
The term "foreseeable use" shall include a use projected or planned to occur within
the next twenty years as such has been included in any adopted state, county,
federal, municipal or special district facilities plan, comprehensive plan, zoning
plan, recreation plan, street plan, or similar document for development objectives
for that entity. This provision shall apply only if documentation of the current or
foreseeable use is presented at the time of public consideration of the proposed
vacating resolution.
The Petitioner is not aware of any plans to use the vacated portion of the road for any
county or public road purpose.
Based on the forgoing, the Petitioner believes that the Petition to vacate satisfies the
conditions of BOCC Resolution 2003-07.
IV. COMPLIANCE WITH STATUTORY REQUIREMENTS TO VACATE THE ROAD
C.R.S. § 43-2-301, et seq., governs the procedure for vacating public roadways.
Although Petitioners do not concede that the ranch portion of CR 118 is a public road, the
statutory procedure allows for the vacation of any interest that the County may have in that road.
In particular, C.R.S. § 43-2-303(1)(b) vests in the Board of County Commissioners the authority
to vacate a public roadway or a claimed public roadway.
The appropriate mechanism for vacation of a public roadway is by resolution of the
Board of County Commissioners. Such resolution may be adopted upon compliance with the
requirements of C.R.S. § 43-2-303(2) as follows:
No "... roadway which exists by right of usage shall be vacated so as to leave any land
adjoining said roadway without an established public road or private access easement connecting
said land with another established public road."
As noted above, the vacation of CR 118 will not leave any public or private land without
access to a public road. The portion of CR 118 to be vacated has never provided access to any
public or private lands.
C.R.S. § 43-2-303 permits the County to vacate a roadway so long as such a vacation
does not deprive -abutting -land -owners -of-access -to- their -property
.
In the case of CR 118, no abutting land owner will be deprived of access to their property
as a result of granting the Petition to Vacate. The vacated portion of CR 118 has never been used
for access to any other private lands. All adjacent parcels have been provided access through
easements. The general public receives no benefit whatsoever from the continued existence of
CR 118 on the ranch.
V. REQUIRED STANDARDS FOR ESTABLISHING COUNTY ROADS, VACATION AND
ABANDONMENT
The Petitioner recognizes that a public road may be established through use when it can
be proved that (1) the public has used the road under a claim of right; (2) the public used the road
in a manner adverse to the land owner's property interest; (3) such use has been without
interruption for the statutory period of twenty years; and (4) the land owner had actual or implied
knowledge of the use and made no objection. Bockstiegel v. Board of County Commissioners, 97
P.3d 324 (Colo. App. 2004).
In the absence of a dedication or deeding of a roadway to the County, the mere
designation of a roadway on a county road map does not establish that, in fact, the road is public.
A landowner always retains the ability to challenge the establishment of a claimed public
roadway by requiring proof that in fact the requisites of law have been satisfied. While the
history of the portion of CR 118 to be vacated is murky, Petitioner recognizes that the County
nonetheless asserts at least a facial claim to this road. The County records, however, establish
that the County did not construct and has not maintained all of the portion of CR 118 that
purportedly crosses the Petitioner's property. Beyond the fact that CR 118 is depicted on the
1961 County Road Map and Inventory, there is no proof of continuous use by the public or the
County. The road in question is not necessary as part of the public road system.
Even if CR 118 was established- as--a-public-road at -some -point -in the -past, Petitioner -
believes the road has been abandoned. A public road may be abandoned by the relocation of the
roadway coupled with an intent to abandon the roadway. The portion of CR 118 that the County
has claimed for HUTF purposes has steadily declined from 0.39 miles to 0.19 miles. The County
will still retain the deeded portion of CR 118 as well as the bridge for access to the DOW
property and for use in emergencies. The public will not be adversely affected by the requested
vacation of the road.
Therefore, Petitioners respectfully request the Board of County Commissioners to adopt a
resolution vacating that portion of CR 118 that lies within the Petitioner's Property.
Very truly yours,
NEILEY : ALDER
John F. Neiley
Petition to Vacate a Portion of County Road 118
INDEX
1. Application Form
A. Survey and Vicinity Maps/Aerial Photos
B. Additional Materials Required by Planning
C. Road Uses
D. Utility Letter
E. Fire District Letter
F. County Road Status
G. Warranty Deed and Title Opinion Regarding: Basis of Public Interest
H. Statement Regarding: Access to Public Lands
I. Names and Address of Adjacent Property Owners
J. County Road Maps from 1951, 1961, 1976 and Current
K. County HUTF Reports
L. Other County Maps
1. Application Form
EXHIBIT
13
A
A. Survey and Vicinity Maps/Aerial Photos
EXHIBIT MAP OF:
COUNTY ROAD NO. 118, CENTERLINE
SHEET 2 OF 2
CURVE TABLE
CURVE
LENGTH
RADIUS
TANGENT
CHORD
BEARING
DELTA
C1
13.59'
30.00'
6.911'
13.47'
N 14'53'54" W
25'56'47"
C2
23.01'
200.00'
11.52'
23.00'
N 03'19'57" W
06'35'32"
C3
29.07'
200.00'
29.07'
29.04'
N 10'47'33" W
08'19'39"
C4
204.96'
200.00'
112.51'
196.11'
N 49'25'16" W
58'43'05"
C5
159.85'
120.00'
159.85'
148.29'
N 40'37'09" W
76'19'19"
C6
49.11'
50.00'
26.74'
47.16'
N 46'41'48" E
5616'34"
C7
42.95'
200.00'
21.56'
42.87'
N 80'59'13" E
12'18'16"
SECTION 3
SECTION 10 1
CENTERLINE
CRYSTAL RIVER.'
LINE TABLE
LINE
LENGTH
BEARING
L1
25.11'
N 01'55'30" W
L2
40.95'
N 00'02'11" W
L3
85.38'
N 06'37'43" W
L4
43.43'
N 14'57'22" W
L5
101.80'
N 17'14'21" W
L6
127.88'
N 12'25'15" W
L7
202.88'
N 1414'57" W
L8
266.42'
N 20'08'04" W
L9
197.89'
N 78'46'48" W
L10
235.25'
N 02'52'33" W
1_11
130.14'
N 00'29'08" W
L12
208.13'
N 02'39'27" W
L13
127.56'
N 04'20'19" W
L14
103.81'
N 0022'42" W
L15
128.46'
N 1219'33" E
L16
65.17'
N 18'33'31" E
L17
111.47'
N 74'50'05" E
L18
17.65'
N 87'08'21" E
THE BAILEY FAMILY
INVESTMENT CO.
REC. NO. 722208;
C
POINT OF
TERMINUS
NE CORNER
SECTION 10
FOUND STONE,'
L16
L15
L14
L13
L12-"
L11 -f
L10
C5
L9
STATE OF COLORADO
DIVISION OF WILDLIFE
& WILDLIFE COMM.
BK. 457 PG. 552
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1- POINT OF
0 BEGINNING
L2
SECTION 10
SECTION 15
GRAPHIC SCALE
600 0 300 600
( IN FEET)
1 inch = 600 tt.
FENCE (TYP.)
I�
POINT OF COMMENCEMENT
27.18' WITNESS CORNER TO SE
CORNER SECTION 10
FOUND 3" 1969 COUNTY
SURVEYOR BRASS CAP
PARCEL 2
IRON ROSE LAND &
CATTLE fl, LLC
REC. NO. 711698
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CDOT HWY. No. 133,
FEDERAL AID PROJECT
NO. S 0163(2),
BK.320 PG.492
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0
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SOPRIS ENGINEERING - LLC
CIYIL CONSULTANTS
502 MAIN STREET, SUITE A3
CARBONDALE, COLORADO 81623
(970) 704-0311
J
26291 11/07/07 26198 ADJUST1.DWG
EXHIBIT MAP OF:
COUNTY ROAD NO. 118 CENTERLINE
SHEET 1 OF 2
CENTERLINE DESCRIPTION
A RIGHT-OF-WAY SITUATED IN SECTION 10, TOWNSHIP 8 SOUTH, RANGE 88 WEST OF THE SIXTH
PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO, THE CENTERLINE OF WHICH
IS MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE 27.18 FOOT WITNESS CORNER FOR THE SE CORNER OF SAID SECTION 10, A
FOUND 3" 1969 COUNTY SURVEYOR BRASS CAP IN PLACE, WITH ALL BEARINGS CONTAINED
HEREIN RELATIVE TO A BEARING OF N.00°15'39"W. BETWEEN SAID SECTION CORNER AND THE
NORTHEAST CORNER OF SECTION 10, A FOUND STONE MONUMENT IN PLACE; THENCE
N.38°56'30"W., A DISTANCE OF 2035.73 FEET TO A PONT ON THE EASTERLY BOUNDARY OF
PARCEL 1 AS DESCRIBED IN THE DEED RECORDED AS RECEPTION NO. 711698 OF THE RECORDS OF
THE GARFIELD COUNTY CLERK AND RECORDER, GARFIELD COUNTY, COLORADO, SAID PONT
ALSO BENG ON THE COLORADO DEPARTMENT OF HIGHWAYS FEDERAL AID PROJECT NO. S
0163(2) AND A PARCEL DESCRIBED IN THE DEED RECORDED AS BOOK 320 PAGE 492 IN SAID
RECORDS, THE TRUE POINT OF BEGINNING;
THENCE LEAVING SAID PARCELS AND SAID PROJECT A DISTANCE OF 13.59 FEET ALONG THE ARC
OF A NON TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 30.00 FEET AND A CENTRAL
ANGLE OF 25°56'47" (CHORD BEARS N.14°53'54"W., A DISTANCE OF 13.47 FEET);
THENCE N.01°55'30"W., A DISTANCE OF 25.11 FEET;
THENCE N.00°02'I I "W., A DISTANCE OF 40.95 FEET
THENCE A DISTANCE OF 23.01 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS
OF 200.00 FEET AND A CENTRAL ANGLE OF 06°35'32" (CHORD BEARS N.03°19'57"W., A DISTANCE OF
23.00 FEET);
THENCE N.06°37'43"W., A DISTANCE OF 85.38 FEET
THENCE A DISTANCE OF 29.07 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS
OF 200.00 FEET AND A CENTRAL ANGLE OF 08°19'39" (CHORD BEARS N.10°4733"W., A DISTANCE OF
29.04 FEET);
THENCE N.14°57'22"W., A DISTANCE OF 43.43 FEET;
THENCEN 17°14121"W , A DISTANCE -OF -10150 FEET;
THENCE N. 12°25115"W., A DISTANCE OF 127.88 FEET;
THENCE N.14°14'57"W., A DISTANCE OF 202.88 FEET;
THENCE N.20°08'04"W., A DISTANCE OF 266.42 FEET;
THENCE A DISTANCE OF 204.96 FEET ALONG THE ARC OF A NON TANGENT CURVE TO THE LEFT
HAVING A RADIUS OF 200.00 FEET AND A CENTRAL ANGLE OF 58°43'05" (CHORD BEARS
N.49°25'16"W., A DISTANCE OF 196.11 FEET);
THENCE N.78°46'48"W., A DISTANCE OF 197.89 FEET
THENCE A DISTANCE OF 159.85 FEET ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A
RADIUS OF 120.00 FEET AND A CENTRAL ANGLE OF 76°19'19" (CHORD BEARS N.40°37'09"W., A
DISTANCE OF 148.29 FEET);
THENCE N.02°52'33"W., A DISTANCE OF 235.25 FEET;
THENCE N.00°29'08"W., A DISTANCE OF 130.14 FEET;
THENCE N.02°39'27"W., A DISTANCE OF 208.13 FEET;
THENCE N.04°20'19"W., A DISTANCE OF 127.56 FEET;
THENCE N.00°22'42"W, A DISTANCE OF 103.81 FEET;
THENCE N.12°19133"E, A DISTANCE OF 128.46 FEET;
THENCE N.18°33'31 "E., A DISTANCE OF 65.17 FEET
THENCE A DISTANCE OF 49.11 FEET ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A
RADIUS OF 50.00 FEET AND A CENTRAL ANGLE OF 56016'34" (CHORD BEARS N.46°41'48"E, A
DISTANCE OF 47.16 FEET);
THENCE N.74°50'05"E., A DISTANCE OF 111.47 FEET
THENCE A DISTANCE OF 42.95 FEET ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A
RADIUS OF 200.00 FEET AND A CENTRAL ANGLE OF 12°18'16" (CHORD BEARS N.80°59'13"E., A
DISTANCE OF 42.87 FEET);
THENCE N.87°08'2!"E., A DISTANCE OF 17.65 FEET TO A PONT ON THE BOUNDARY OF SAID
PARCEL 1, THE POINT OF TERMINUS, FROM WHICH SAID NORTHEAST CORNER OF SECTION 10
BEARS N.49°39'56"E., A DISTANCE OF 2,242.40 FEET.
END OF DESCRIPTION
COUNTY OF GARFIELD
STATE OF COLORADO
SOPRIS ENGINEERING - LLC
CIVIL CONSULTANTS
502 MAW STREET, SUITE A3
CARBONDALE, COLORADO 81823
(970) 704-0311
26291 11/07/07 26198 ADJUST1.DWG
VICINITY MAP
SCALE 1" = nnoL
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EXHIBIT
B. Additional Materials Required by Planning
EXHIBIT
C. Road Uses
Average Daily Traffic
County Road System
2002 Transportation Study
Garfield County, Colorado
County Road Name
Number
Average Daily
Traffic (ADT)
69
Westbank Rd
847
83
83
434
88
Sunlight Peak Rd
144
100
Catherine Store Rd
4813
101
White Hill Rd
366
102
Missouri Heights
583
103
Crystal Springs Rd
1373
105
Cerise Rd
56
107
Red Hill Rd
lgn
108
109
110
111
Thompson Creek Rd
1492
Hardwick Bridge Rd
2031
Old Dump Rd
Prince Creek Rd
447
112
113
Crystal Springs Mtn
Cottonwood Pass Rd
783
459
114
115
117
CMC Rd
812
1979
Red Canyon Rd
Four Mile Rd
275
118
119
120
Mt Sopris Ranch Rd
2077
132
Kindall Rd
17
Lookout Mountain Rd
121
Coulter Creek Rd
122
123
125
Upper Cattle Creek Rd
40
39
123
Marion Cemetry Rd
Dry Park Rd
19
126
127
Black Diamond Mine Rd
211
185
Three Mile Rd
129
No Name Ln
132
Mitchell Creek Rd
133
Mel Ray Rd
134
137
South Canyon Creek Rd
427
144
197
1577
525
Canyon Creek Rd
138
Slaughterhouse Rd
309
140
Coffee Pot Rd
150
Sweetwater Lake Rd
151
153
Sweetwater Cow Camp Rd
Big Four Rd
63
215
267
154
162
170
Old Highway 82
La Casita Rd
51
38
2564
87
Panorama Dr
200
201
North Dry Fork Rd
Baxter Pass Rd
325
71
202
Kimball Creek Rd
45
14
204
Roan Creek Dr
337
205
Salt Wash
13
206
Prairie Canyon Rd
1
207
209
210
211
213
Carr Creek Rd
Brush Creek Rd
Mile Pond Rd
Clear Creek Rd
Conn Creek Rd
16
27
820
16
9
214
Peach Valley Rd
758
215
Parachute Creek Rd
919
216
Antonelli Ln
193
217
Little Box Canyon Rd
210
219
Middle Rifle Creek
256
221
222
Green Ln
392
South Dry Fork Rd
72
223
225
226
Peterson Ln
991
Antlers Ln
242
Grass Valley Rd
325
227
228
229
231
233
Miller Ln
Pretti Ln
Ukele Ln
First Street
Silt Mesa Rd
931
196
356
942
896
235
Davis Point
307
236
Harness Ln
181
237
Harvey Gap Rd
908
238
Slaughter Gulch Rd
23
240
Bruce Rd
175
241
Elk Creek Rd
313
242
JQS Rd
84
243
Main Elk Rd
174
244
Fravert Reservoir Rd
317
245
Buford Rd
1464
246
Anvil Points Rd
366
247
North Cutoff Rd
100
250
Bendetti Rd
312
251
252
North Hasse Ln
126
West Rifle Creek Rd
283
257
Mesa Dr
198
259
Jewell Ln
309
259A
259A
103
260
Tippitt Ln
143
261A
Ingersoll Ln
137
261
Groff Ln
334
262
263
265
Mid -Valley Ln
336
Weare Ln
99
Prefontaine Rd
951
266
Asgard Subdivision
119
286
Atchee Rd
5
291
Stephens Hill
283
293
North Graham Rd
1117
294
South Graham Rd
702
296
Dokes Ln
87
297
Wittwer Ln
59
298
Smith Doll Coal Mine Rd
7
300
Battlement Pkwy
2527
301
Morrisania Mesa Rd
600
302
Underwood Ln
82
306
Wallace Creek Rd
159
309
Rulison/Parachute Rd
378
311
Divide Creek Rd
2249
312
Garfield Creek Rd
211
313
East Divide Creek Rd
137
314
Alkali Creek Rd
205
315
Mamm Creek Rd
1300
316
Knuckles Creek Rd
49
317
Beaver Creek Rd
104
319
West Mamm Creek Rd
1341
320
Rifle-Rulison Rd
1496
321
Taughenbaugh Mesa Rd
128
322
Shaeffer Rd
414
323
Rulison Rd
699
324
Maxfield Rd
Porcupine Creek
195
325
43
326
Chipperfield Ln
150
327
Halls Gulch
212
329
Spruce Creek
89
331
Dryiiollowad
1102
332
Ramsey Gulch Rd
Hunter Mesa Rd
334
Colorado River Rd
158
333
220
334
27
335
2712
336
Jenkins Cutoff
253
342
Fairview Rd
267
343
Raven Rd
56
344
West Divide Rd
140
346
Airport Rd
1344
352
Garfield County Airport
1139
352A
Runway Rd
248
357A
Village Dr
840
451
Panoramic Dr
129
455
Rainbow Dr
262
456
Odin Dr
140
D. Utility Letter
No utility companies are affected by the road vacation.
FIRE • EMS • RESCUE
November 17, 2007
Mr. John Neiley
6800 Highway 82, Suite 1
Glenwood Springs, CO 81601
RE: County Road 118, Garfield County
Dear John,
This letter is a follow up to our recent conversation regarding County Road 118 south of
Carbondale. It is my understanding that you will be submitting a request to Garfield County
requesting that they vacate a portion of County Road 118 that is west of Highway 133 and runs
roughly parallel to the highway. The portion to be vacated is on property owned by Mr. Tom
Bailey. It begins on the west side of the county bridge that crosses the Crystal River and
continues south until it connects back onto Highway 133.
I have discussed this with the Fire Chief a we have no issues with the vacation of that portion of
the road. Please contact me if you have any questions or if I may be of any assistance.
Sincerely,
Bill Gavette
Deputy Chief
Carbondale & Rural Fire Protection District
300 Meadowood Drive • Carbondale, CO 81623 • 970-963-2491 Fax 970-963-0569
F. County Road Status
See attached Submittal Narrative.
G. Warranty Deed and Title Opinion Regarding: Basis of
Public Interest
1111111 11111 1111111 1111111111 11 11111111 1111111E
711507 11/21/2006 11:33A 81865 P642 M NLSDORF
1 of 13 R 66.00 D 1995.45 GARFIELD COUNTY CO
r -
WARRANTY DEED
(Statutory Short Form)
Perry Sopris Ranch Partnership, Ltd., a Colorado !united partnership; Estate of Robert
M. Perry; Ruth B. Perry, Robert M. Perry, III, Lucinda Kay I'erry, Rosamond Turnbull,
Thomas R. Turnbull, Ruth P. Richardson, Alan T. Richardson, Nancy P. Shaffer, William A.
Shaffer, William K. Perry, Judith Fox Perry, Charlotte P. White and Andrews A. White,
("Grantor"), for consideration of Ten Dollars ($10.00) and other good and valuable consideration,
in hand paid, hereby sell and convey to Sopris LLC, a Colorado limited liability company, whose
address is 555 17th Street, Suite 2400, Denver, Colorado 80202 ("Grantee"), the following real
property in the Counties of Garfield and Pitkin, State of Colorado:
That real property described on Exhibit "A" attached hereto;
with all its appurtenances and warrants the title to same except and subject to those matters described
on Exhibit "B" attached hereto and incorporated herein by this reference
SIGNED this 20th day of November, 2006.
Perry Sopris Ranch Partnership, Ltd.
By: Ruth B. Perry, G4ral Partner
+e .kw -
Ruth B. Perry
Robert M. Perry, III
HOLME, ROBERTS & OWEN LLP
1801 13TH STREET, S-300
BOULDER, CO 80302-5259
ATTN: JOHN B. WOOD
Estate of Robert M. Perry
firm
i�
By: Robert M. Perry, Io -Personal
Representative
v
By: William K. Perry, Co -Person
Representative
tepub—
Robert M. Perry, liras attorn- in act for 447
Lucinda Kay Perry
After recording return to: Lynn Ap.ecjaveland, Hgland & Hart, LLP
555 17th 8trite 32 Denver, CO 80202
11/2»
i 995' vs 15
1111111 viii 11111111111111111 1111 111111111 11111 1111
711507 11/21/2006 11:33P 61865 P643 M ALSDORF
2 of 13 R 66.00 D 1995.45 GRRFIELD COUNTY CO
} 4 L - C A i P+Cijiil,
Rosamond Turnbull
Ruth P. Richardson
Nancy P. Sha fer
k.
William K. Perry
Charlotte P. White
Thomas R. Tumbull
Alan T. Richardson
William A. Shaffer
J dith Fox Perry
Andrews A. White
STATE OF COLORADO )
) ss:
COUNTY OF EC LO\ \ e- )
The foregoing instrument was acknowledged before me this 20th day of November, 2006,
by Ruth 13. Perry as General Partner of Perry Sopris Ranch Partnership, Ltd.; Robert M. Perry, III
and William K. Perry as Co -Personal Representatives of the Estate of' Robert M. Perry; Ruth B.
Perry, Robert M. Perry, III, Robert M. Perry, III as attorney in fact for Lucinda Kay Perry, Rosamond
Turnbull, Thomas R. Turnbull, Ruth P. Richardson, Alan T. Richardson, Nancy P. Shaffer, William
A. Shaffer, William K. Perry, Judith Fox Perry, Charlotte P. White and Andrews A. White.
WITNESS my hand and official seal.
My commission expires:
JOY S. HIGENS.
NOTARY PUBLIC
STATE OF COLORADO
+w„ C-M!'wlon Expires 05/0212010
0.W.:W/1 W w,,..wmruuusnoxnn. u.
1111111 1111111 11111 11111 1111 111111 111 11111 1111 1111
711507 11/21/2006 11:336 B1865 P644 M ALSDORF
3 of 13 R 66.00 D 1995.45 GRRFIELD COUNTY CO
EXHIBIT "A"
LEGAL DESCRIPTION
PERRY/SOPRIS WARRANTY DEED
PARCEL A
PARCEL 1
All of that portion of Lot 13, Section 3, Township 8 South, Range 88 West of the 6th Principal Meridian, described as
beginning at the corner of Lots 13 and 15, Section 3 and Lots 3 and 4, Section 10, said Township 8: thence W. along the
line of said Sections 3 and 10, 900 feet; thence North to the South line of Lot 14, in said Section 3; thence Easterly along
said South line of Lot 14 and along the original South line fence of the Bowles Place to the West line of Lot 15 in said
Section 3; thence South to the place of beginning; and
All of Lots 15 and 19, in Section 3, Township 8 South, Range 88 West of the 6th Principal Meridian, save and except that
portion thereof situate west of the center line of the Crystal River and north of the old line fence running east and west
through a point 460 feet north of the quarter corner between Sections 3 and 10, Township 8 South, Range 88 West of the
6th Principal Meridian; and also save and except that part of Lot 19, said Section 3, situate east if the center of the Crystal
River, the excepted land being a portion of the said lots described in the deed from Eugene H. Grubb to Oscar Holland
recorded in the office of the Recorder of Garfield County, Colorado as instrument No. 35675 in Book 75 at Page 258
thereof; and
The NW% and the SW% and W'% SE% and NE%, all in Section 9, Township 8 South, Range 88 West of the 6th Principal
Meridian, save and except the Holgate 60 acres situate in the N'''A NE% described as being that portion of the NYS NE%
_Lying North and West of the center -of -Bowles -Gulch, -the -excepted land being the same as covered by -a -le -ed recorded in
the office of the Recorder of Garfield County, Colorado, as instrument No. 31242 in Book 64 at Page 302 thereof; also
save and except the following lands Deeded to William P.J. Dinsmoor and Jane K. Alder in Quit Claim Deed recorded in
the office of the Recorder of Garfield County, Colorado on May 1, 1989 in Book 753 at Page 384 described as follows: A
parcel of land lying and being situate in the WANE% of Section 9, Township 8 South, Range 88 West of the 6th Principal
Meridian, said parcel being more particularly described as follows: Beginning at the Northeast Corner of said Section 9,
thence S. 00°41'15" E. along the Easterly line of said Section 9 a distance of 529.37 feet to a point in the centerline of
Bowles Gulch; thence along said centerline the following three courses: S. 40°58'31" W. a distance of 178.41 feet; thence
S. 22°15'50" W. a distance of 405.73 feet; thence S. 45°44'02" W. a distance of 427.01 feet to a point on the Southerly
line of NY: NE%of said Section 9; thence along said Southerly line S. 88°54'16" W. a distance of 332.14 feet; thence N.
00°19'50" W. a distance of 697.61 feet; thence S. 88°07'59" W. a distance of 988.74 feet; thence N. 00°19'50" W. a
distance of 616.67 feet to a point on the Northerly line of said Section 9; thence N. 88°07'59" E. along the Northerly line of
said Section 9 a distance of 1899.02 feet to the Point of Beginning, and
The W%NWX and W% SW', and Lots 3, 4, 5, 6, 7, 10, 11, 12, 13, 14 and 15, all in Section 10, Township 8 South,
Range 88 West of the 6th Principal Meridian; and Lot 2 in Section 10, Township 8 South, Range 88 West of the 6th
Principal Meridian, save and except the following parcels or tracts:
(a) The Holland Tract, more particularly described as follows: Beginning at the intersection of the West line of the right-of-
way of the Crystal River Railroad and the North line of said Section 10; thence Southerly along the West line of said right-
of-way 450 feet; thence West to the center line of said river; thence down the center of said river to the North line of said
Section 10; thence East along the section line to the place of beginning; the excepted land in said lot being the same as
described in the deed to Holland recorded in the Office of the Clerk and Recorder of Garfield County, Colorado, as
instrument No. 35675 in Book 75 at Page 258;
(b) The David R.C. Brown, Jr. Tract, more particularly described as follows: A tract of land situated in Lot 2, Section 10,
Township 8 South, Range 88 West of the 6th Principal Meridian more particularly described as follows: beginning at a
point whence the North 1/4 corner of said Section 10 bears N. 27°19' W. 1424.7 feet; thence N. 2°16' W. 241.2 feet;
thence N 83°39' E., 231.1 feet; thence S. 7°4' E. 191.5 feet; thence S. 72°19' W., 260.3 feet to the point of beginning,
County of Garfield, State of Colorado;
111E1 1111111111111111111111 III! 111111 III 0111 [111111
711507 11/21/2006 11 33R 61865 P645 M ALSDORF
4 of 13 R 66.00 0 1995.45 GARFIELD COUNTY CO
(c) The David R.C. Brown and Ruth H. Brown Tract, more particularly described as follows: A tract of land located in
Section 10, Township 8 South, Range 88 West of the Sixth Principal Meridian, described as follows: Beginning at a point
from which the North quarter corner of Section 10, Township 8 South, Range 88 West of the Sixth Principal Meridian
bears N 49°05' West 599.7 feet; thence South 78°13' East 736 feet, more or less to the center of the Crystal River; thence
Southerly along center of Crystal River 772 feet, more or less to a point; thence South 80°49' West 697 feet, more or less;
thence North 4°17' East 1024.22 feet, to the place of beginning, County of Garfield, State of Colorado.
(d) The Crystal River Limited Partnership Tract, more particularly described as follows: A tract of land situate in Lots 13,
15 and 19, Section 3, and Lots 2, 3, 4, 5 and 6 and W% of the NW% of Section 10, all in Township 8 South, Range 88
West of the Sixth Principal Meridian, County of Garfield, State of Colorado, being more particularly described as follows:
Beginning at a point on the south line of said Section 3 whence the Southwest Corner of said Section 3 bears N.
89'35'39" W. 808.25 feet;
thence S. 3°40'01" W. 189.69 feet to a fence line;
thence along said fence the following courses:
S. 30°13'38" E. 73.91 feet;
thence S. 23°02'25" E. 259.91 feet;
thence S. 28°39'18" E. 172.99 feet;
thence S. 5°42'30" E. 223.30 feet;
thence S. 17°05'37" W. 557.23 feet;
thence S. 2°05'10" E. 108.92 feet;
thence S. 3°48'39" E. 205.77 feet;
thence S. 3°29'27" E. 243.47 feet;
thence S. 0°09'25" W. 56.02 feet;
thence S. 07°12'46" W. 355.38 feet;
thence S. 35°45'55" E. 354.74 feet;
thence N. 78°35'15" E. 718.34 feet;
thence N. 15°39'56" E. 312.14 feet;
thence N. 31-3832"E755.91 feet,
thence N. 89°30'38" E. 211.50 feet;
thence leaving said fence N. 10°12'58" E. 299.19 feet;
thence N. 22°32'38" E. 695.03 feet;
thence N. 42°08'28" E. 116.64 feet
thence N. 49°53'22" E. 300.71 feet
thence N. 58°20'23" E. 162.97 feet
thence N. 2°08'16" W. 243.79 feet;
thence N. 25°55'58" W. 407.71 feet;
thence S. 76°47'11" E. 342.84 feet;
thence S. 76°15'03" E. 69.48 feet;
thence S. 81°10'35" E. 73.89 feet;
thence S. 73°22'50" E. 333.18 feet
thence S. 81°58'19" E. 138.10 feet
thence N. 77°09'01" E. 211.50 feet
thence N. 8°31'01" W. 95.52 feet;
thence N. 9°16'11" E. 312.02 feet;
thence N. 3°04'56" W. 311.58 feet;
thence N. 22°11'10" W. 172.56 feet;
thence N. 89°58'02" W. 2063.55 feet along a fence line described in Book 277 at Page 259 of the records of the Clerk and
Recorder of Garfield County, Colorado to the West line of Lot 15 of said Section 3;
thence N. 00°42'00" W. 14.15 feet to the Northeast Corner of said Lot 15;
thence S.87°44'00" W. 906.47 feet along the North line of Lot 13 of said Section 3 and the North line of a Tract of land
described in Book 75 at Page 194;
thence S. 00°00'00" E. 430.93 feet along the West line of said Tract described in Book 75 at Page 194;
thence S. 89°3639" E. 6.89 feet along the South line of said Section 3 to the Point of Beginning.
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(e) Perry/Crystal River Limited Partnership Lot Line Adjustment Parcel, described as follows: A tract of land situate in
Section 10, Township 8 South, Range 88 West of the 6th Principal Meridian, County of Garfield, State of Colorado, being
more particularly described as follows: Beginning at a point whence the northwest corner of said Section 10 bears N
89°35'39" W 308.25 feet along the north line of said Section 10; thence S 8903539" E 500.00 feet along the north line of
said Section 10; thence S 3°40'01" W 160.26 feet; thence N 89°35'39" W 158.15 feet; thence 339.92 feet along the arc of
a non tangent curve to the left, having a radius of 740.44 feet, a central angle of 26°18'11", and subtending a chord
bearing N 80°31'29" W 336.94 feet; thence N 0°24'21" E 106.89 feet to the paint of beginning.
(f) Perry/River Valley Ranch Golf Lot Line Adjustment Parcel, described as follows: A tract of land situate in Section 10,
Township 8 South, Range 88 West of the 6th Principal Meridian, County of Garfield, State of Colorado, being more
particularly described as follows: Beginning at a point whence the northwest corner of said Section 10 bears N 84°35'24"
W 2691.78 feet; thence S 76°47'11" E 218.74 feet; thence N 87°38'10" W 148.47 feet; thence S 62°55'19" W 38.93 feet;
thence N 25°55'50" W 68.49 feet to the point of beginning.
(g) The Fasching Haus, Inc. parcel, described as follows: A parcel of land situated in the NE%4 of Section 10, Township 8
South, Range 88 West of the Sixth Principal Meridian, County of Garfield, State of Colorado: said parcel lying northerly of
and adjoining that parcel of land described in Book 736 at Page 343, and also lying southerly of and adjoining River Valley
Ranch, Phase I, as shown on the Plat thereof, recorded as Reception No. 498928, all of the Garfield County records, said
parcel being more particularly described as follows:
beginning at rebar and cap, PLS#29030 at the northwest corner of said parcel of land described in Book 736 at Page 343,
from which a stone monument found at the north quarter corner of said Section 10 bears N 49°04'31" W. a distance of
597.55 feet (record tie: N 49°05'00" W. a distance of 599.70 feet); thence N 04°1700" E., a distance of 59.70 feet to an
existing fenceline at the southerly boundary of said River Valley Ranch (from which a rebar and cap, PLS#15710 at an
angle point along said southerly boundary bears N 81°14'45" W. a distance of 16.16 feet); thence S 81°14'45" E. along
said fenceline and also along said southerly boundary, a distance of 57,73 feet; thence S 73°27'00" E. along said
fenceline and also along said southerly boundary, a distance of 333.18 feet to a rebar and cap, PLS#15710 at an angle
point at the southerly line of said River Valley Ranch; thence S 82°02'29" E. along said southerly boundary, a distance of
138.10 feet to a rebar and cap, PLS#15710 at an angle point at the southerly line of said River Valley Ranch; thence N
77°04151" E along said southerly boundary, a -d stance of-211.50-fe Wthe center of the Crystal River; thence S
10°08'04" E. along the center of the Crystal River, a distance of 142.45 feet to the northeasterly corner of said parcel
described in Book 736 at Page 343; thence N 78°13'00" W. along the northerly line of said parcel, a distance of 765.00
feet to the point cf beginning.
(h) Stover parcel described as follows: A parcel of land situated in the S%NE'/, of Section 9, Township 8 South, Range 88
West of the 6th Principal Meridian, Garfield County, State of Colorado, being more particularly described as follows:
Beginning at a point on the Northerly boundary line of said SY:NEY4 whence a brass cap found in place and properly
marked for the NE corner of said Section 9 bears N 44°55'35" E 1910.21 feet; thence 5 54°45'26" W 140.93 feet; thence
S 81°39144" W 26.79 feet; thence N 47°32'04" W 33.37 feet; thence S 82°26'00" W 60.25 feet; thence N 14°39'04" W
68.18 feet to a point on the northerly boundary line of said SY:NE'/4 of Section 9; thence N 88°54'16" E 243.24 feet along
said Northerly boundary line to the point of beginning.
All that part of Lots 1 and 8 in Section 10, Township 8 South, Range 88 West of the 6th Principal Meridian, County of
Garfield, State of Colorado, situate Westerly of Crystal River.
The WY:NW% and Lots 2, 3, 4, 5 and 6 in Section 15 and the NE% and the NW% of Section 16, all situate in Township 8
South, Range 88 West of the 6th Principal Meridian, County of Garfield, State of Colorado. Save and except the following
parcel:
The William E.L. Fates and Marjorie M. Perry Tract, more particularly described as follows: a parcel of land situated in
Lots 10, 11, 13, 14 and 15 of Section 10, the WY:NW%and Lots 2, 3, 4, 5 snf 6 of Section 15 and the NEY. of Section 16,
Township 8 South, Range 88 West of the Sixth Principal Meridian, Counties of Pitkin and Garfield, State of Colorado, said
parcel being more particularly described as follows:
Commencing at the West quarter corner of said Section 15, the true point of beginning; thence S 89°34'16" W along the
east -west centerline of said Section 16 1673.20 feet to a rebar and cap L.S. #16842 in place, also being a point on the top
of a ridge; thence N. 26°09'43" E along the approximate top of said ridge 1722.37 feet to a rebar and cap L.S. #16842;
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thence continuing along said approximate ridge top N 46°46'41" E 435.53 feet to a rebar and cap L.S. #16842; thence
leaving said ridge top S 89°19'31" E 780.20 feet to a rebar and cap L.S. #16842; thence N 84°08'31" E 634.56 feet to a
rebar and cap L.S. #16842; thence N 64°31'11" E 573.35 feet to a rebar and cap L.S. #16842 in an existing fence; thence
S 33°54'19" E along said existing fence 446.59 feet to a rebar and cap L.S. #16842; thence leaving said fence N
60°44'24" E 580.98 feet to a rebar and cap L.S. #16842; thence N 46°16'28" E 546.12 feet to the point of intersection of
an existing road and the center of an existing gate; thence N 17°04'28" E along said road centerline 44.47 feet; thence
continuing along said centerline N 04°03'12" E 298.58 feet; thence continiung along said centerline N 00°32'30" E 242.43
feet; thence continuing along said centerline along the arc of a curve to the right having a radius of 78.57 feet and a
central angle of 92°16'59" a distance of 126.55 feet (chord bears N 46°40'59" E 113.31 feet); thence continiung along said
centerline S 87°10'31" E 256.45 feet; thence continiung along said centerline N 82°39'07" E 52.26 feet; thence continuing
along said centerline N 87°41'04" E 37.30 feet; thence continuing along said centerline S 88°40118" E 311.89 feet; thence
continuing along said centerline S 85°46'24" E 102.51 feet; thence continuing along said centerline N 87°20'31" E 162,69
feet; thence continuing along said centerline S 89°34'18" E 418.20 feet; thence continuing along said centerline and
centerline extended S 87°16'22" E 268.16 feet to a point in the centerline of the Crystal River; thence S 00°47'15" E along
the centerline of said river 395.37 feet; thence continuing along said centerline S 03°26'31" E 464.33 feet; thence
continuing along said centerline S 06°15'45" W 450.47 feet; thence continuing along said centerline S 03°02'39" E 317.27
feet; thence continuing along said centerline S 08°18'59" E 572.83 feet; thence continuing along said centerline S
08°25'34" W 270.68 feet; thence continuing along said centerline S 10°53'51" W 146.52 feet to a point on the southerly
line of Lot 2 of said Section 15; thence N 90°00'00" W along the southerly line of said Lot 2 and the southerly line of Lot 6
of said Section 15 2629.38 feet to the southwest corner of said Lot 6; thence S 00°00'00" E along the easterly line of Lot 5
of said Section 15 446.16 feet to the southeast corner of said Lot 5, also being a point on the east -west centerline of said
Section 15; thence S 89°39'22" W along said centerline 1597.13 feet to the True Point of Beginning.
There is also saved and excepted from the above described land, the following described property, situated in the
SE%SW'/° of Section 10 and the NY2NWY° of Section 15, Township 8 South, Range 88 West of the 6th P.M., County of
Pitkin and County of Garfield, State of Colorado being more particularly described as follows:
Commencing at the witness corner for the SW corner of Section 11 a found brass cap with all bearings contained herein
relative to a bearing of N. 00°15'39"-W. between said -Section corner and the North East corner of Section 10, a found
stone monument; thence S. 79°42'57" W. a distance of 3265.72 feet to the True Point of Beginning, a found rebar and cap
L.S. #16842 also being a point on that parcel described in Plat Book 24 at Page 50 of the Pitkin County Clerk and
Recorders Office, Pitkin County, Colorado; thence along said boundary the following three (3) courses:
1) thence S. 60°30'31" W. a distance of 583.78 feet to a rebar and cap L.S. #16842;
2) thence N. 33°20'02" W. a distance of 449.66 feet to a rebar and cap L.S. #19598;
3) thence S. 64°37'19" W. a distance of 95.74 feet;
thence leaving said parcel along an existing fence the following four (4) courses:
1) thence N. 41°12'00" W. a distance of 83,44 feet;
2) thence N. 49°17"26" E. a distance of 110.18 feet;
3) thence N. 26°11'29" E. a distance of 131.35 feet;
4) thence N. 23°54'20" E. a distance of 78.90 feet;
thence leaving said fence N.73°57'52" E. a distance of 152.26 feet; thence N. 01°00'35" W. a distance of 279.87 feet;
thence N. 07°57'36" E. a distance of 231.84 feet to an existing fence; thence along said fence the following two (2)
courses:
1) thence N. 06°21'56" W. a distance of 196.57 feet;
2) thence N. 03°10'33" W. a distance of 133.75 feet;
thence leaving said fence S. 81°15'41" E. a distance of 762.88 feet; thence S. 67°25'19" E. a distance of 309.53 feet to
the centerline of an existing road, also being a point on said parcel; thence along said centerline and said parcel the
following five (5) courses:
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1) a distance of 66.30 feet along the arc of a non tangent curve to the left having a radius of 78.57 feet and a central angle
of 48°20'52", chord bears S. 24°50'43" W. a distance of 64.35 feet;
2) thence S. 00°39'52" W. a distance of 242.43 feet;
3) thence S. 04°10'34" W. a distance of 298.58 feet;
4) thence S. 17°11'50" W. a distance of 44.47 feet to a point of intersection of an existing gate and said centerline;
5) thence leaving said centerline along said parcel S. 46°27'36" W. a distance of 546.52 feet to the Point of Beginning.
There is also saved and excepted from the above described land, the following described property situate in Lot 19,
Section 3 and Lots 2 and 7, Section 10, Township 8 South, Range 88 West of the 6th Principal Meridian, County of
Garfield, State of Colorado, more particularly described as follows:
TRACT 1: Beginning at Corner No. 1 whence the quarter corner common to Sections 4 and 9, Township 8 South, Range
88 West of the 60h Principal Meridian bears N. 86°16'40" W. 6840 feet, thence S. 2°25' W. 18 feet to corner No. 2, thence
S. 4°50' E. 668 feet to corner No. 3, thence S. 7°03' W. 135 feet to corner No, 4, thence S. 36°35' W. 154 feet to corner
No. 5, thence S. 60°17' W. 62 feet to corner No. 6, thence S. 82°55' W. 350 feet to corner No. 7, the center of the Crystal
River, thence Northerly along the center line of said River 1028 feet more or less to corner No. 8, thence E. 328 feet to
Corner No. 1.
TRACT 2: Beginning on corner No. 1 whence the foregoing mentioned quarter corner bears N. 70°58' W. 6799 feet
thence N. 14°33' W. 240 feet to corner No. 2, thence N. 21°20' W. 210 feet to corner No. 3, thence N. 1°58' W. 271 feet to
corner No. 4, thence N. 82°55' E. 450 feet to corner No. 5, thence N. 60°17' E. 98 feet to corner No. 6, thence N. 36°35' E.
167 feet to corner No. 7, thence S. 2°35' W. 110 feet to corner No. 8, thence S. 0°50' W. 799 feet to corner No. 9, thence
W. 112 feet to corner No. 10, thence S. 85°29' W. 358 feet to corner No. 1.
PARCEL B
A tract of land situated in Lot 2, Section 10, Township 8 South, Range 88 West of the 6th Principal Meridian and more
fully described as follows: Beginning at a point whence the North quarter corner of said Section 10 bears N. 17°6' W.
1595.96 feet; thence S. 2°18' E. 184.74 feet; thence N. 88°25' E. 237 feet to the West line of County Road; thence N.
10°18' E. 205.35 feet along the West line of County Road; thence S. 87°12' W. 281.8 feet to the point of beginning.
County of Garfield, State of Colorado.
PARCEL C
All that part of Lot 9, Section 10, Township 8 South, Range 88 West of the Sixth Principal Meridian, lying westerly of the
center of the Crystal River, County of Garfield, State of Colorado.
PARCEL D
A tract of land situate in Section 10, Township 8 South, Range 88 West of the 6th Principal Meridian, County of Garfield,
State of Colorado, being more particularly described as follows:
Beginning at a point whence the northwest corner of said Section 10 bears N 20°01'42" W. 2523.02 feet; thence S
35°45'55" E. 354.74 feet; thence N 78°35'15" E. 718.34 feet; thence N 15°39'56" E. 96,14 feet; thence S. 53°30'11" W.
83.47 feet; thence S 77047'53" W. 671.37 feet; thence N 66°06'04" W. 13.75 feet; thence N 35°44'11" W. 243.35 feet;
thence N 28°39'01" W. 34.41 feet; thence N 10°48'58" W. 47.11 feet; thence N 85°53'18" W. 29.49 feet; thence S 7°12'46"
W. 37.30 feet to the point of beginning.
PARCEL E
A tract of land situate in Section 10, Township 8 South, Range 88 West of the 6th Principal Meridian, County of Garfield,
State of Colorado, being more particularly described as follows:
Beginning at a point whence the northwest corner of said Section 10 bears N 76°40'54" W. 2939.25 feet; thence S
2°08'16" E. 187.11 feet; thence S 58°20'23" W. 153.26 feet; thence N 24°46'59" E. 294.55 feet to the point of beginning.
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PARCEL F
A tract of land situate of Section 10, Township 8 South, Range 88 West of the 6th Principal Meridian, County of Garfield,
State of Colorado, being more particularly described as follows:
Beginning at a point whence the northwest corner of said Section 10 bears N 45°41'35" W. 2960.30 feet; thence S
10°12'58" W. 100.00 feet; thence S 89°30'38" W. 100.00 feet; thence N 49°51'48" E. 154.00 feet to the point of beginning.
PARCEL G
A parcel of land situated in the N% of the NE% of Section 9, Township 8 South, Range 88 West of the 6th Principal
Meridian, County of Garfield, State of Colorado, being more particularly described as follows:
Beginning at a point on the Westerly boundary line of said N% of the NE% whence a brass cap found in place and
properly marked for the NE corner of said Section 9 bears N 83°50'43" E. 2626.32 feet; thence S 12°48'54" E 358.30 feet;
thence S 08°51'29" W 345.45 feet; thence S 33°07'09" E 109.13 feet; thence S 40°38'34" W 34.11 feet; thence S
56°17'02" W 32.44 feel; thence S 78°47'52" W 32.52 feet to a point on the Westerly boundary line of said NY of the NE%
of Section 9; thence N 00°19'50" W 825.20 feet along said Westerly boundary line to the point of beginning.
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EXHIBIT "B"
Perry/Sopris Warranty Deed
1. Taxes due and payable; and any tax, special assessment, charge or lien imposed
for water or sewer service or for any other special taxing district.
2. Right of the proprietor of a vein or lode to extract and remove his ore therefrom,
should the same be found to penetrate or intersect the premises hereby granted
and right of way for ditches or canals constructed by the authority of the United
States as reserved in United States Patents recorded in Garfield County on
January 11, 1893 in Book 12 at Pages 204, 205, 206 and 207 and recorded in
Pitkin County on May 26, 1954 in Book 180 at Page 250.
3. Right of the proprietor of a vein or lode to extract and remove his ore therefrom,
should the same be found to penetrate or intersect the premises hereby granted
and right of way for ditches or canals constructed by the authority of the United
States as reserved in United States Patent recorded in Garfield County on June
11, 1902 in Book 56 at Page 456 and recorded in Pitkin County on May 26, 1954
in Book 180 at Page 251.
4. Right of the proprietor of a vein or lode to extract and remove his ore therefrom,
should the same be found to penetrate or intersect the premises hereby granted
and right of way for ditches or canals constructed by the authority of the United
States as reserved in United States Patents recorded in Garfield County on
October 1, 1904 in Book 56 at Page 509 and recorded June 11, 1902 in Book 56
at Page 455.
5. Right of the proprietor of a vein or lode to extract and remove his ore therefrom,
should the same be found to penetrate or intersect the premises hereby granted
and right of way for ditches or canals constructed by the authority of the United
States as reserved in United States Patent recorded in Garfield County on May
29, 1901 in Book 12 at Page 565.
6. Right of the proprietor of a vein or lode to extract and remove his ore therefrom,
should the same be found to penetrate or intersect the premises hereby granted
and right of way for ditches or canals constructed by the authority of the United
States as reserved in United States Patent recorded May 29, 1896 in Pitkin
County in Book 55 at Page 68.
7. Right of way for ditches or canals constructed by the authority of the United
States as reserved in United States Patents recorded in Garfield County on June
30, 1914 in Book 92 at Page 333 and recorded in Pitkin County on September
12, 1916 in Book 55 at Page 217 and recorded in Pitkin County on May 26, 1954
in Book 180 at Page 249 and recorded in Garfield County on July 11, 1914 in
Book 92 at Page 334 and recorded in Garfield County on September 12, 1916 in
Book 92 at Page 356.
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6. Terms, conditions, provisions and obligations as set forth in Warranty Deed to
Garfield County recorded March 2, 1909 in Book 69 at Page 480.
9. Exception Deleted Per Survey
10. Covenants as contained in Deed recorded in Garfield County on February 5,
1942 in Book 205 at Page 411.
11. Undivided one-fourth interest in all oil, gas and other minerals in and under said
lands together with the power to take all usual, necessary or convenient means
for prospecting for, working, mining, taking out, preparing for market and taking
away said minerals and the right of ingress and egress as reserved in Deed
recorded in Garfield County on February 28, 1949 in Book 240 at Page 577, and
as reserved in Mineral Deed recorded in Garfield County on February 28, 1949
in Book 240 at Page 583 and as recorded in Pitkin County on March 5, 1949 in
Book 166 at Page 415 and any and all assignments thereof or interests therein.
12. Exception deleted and merged with Exception #16
13. Easement and right of way for Permanent easement granted to Colorado
Department of Highways as set forth in Easement recorded in Garfield County
on October 8, 1959 in Book 320 at Page 491.
14. Terms, conditions, provisions and obligations as set forth in Deed to the
Colorado Department of Highways recorded in Garfield County on October 8,
1959 in Book 320 at Page 492, and in Pitkin County on October 9, 1959 in Book
189 at Page 50, including the reservation of all oil, gas, oil and minerals in and
under the described parcels.
15. Terms, conditions, provisions and obligations as set forth in Deed creating a non-
exclusive right of way and easement as more particularly described in the Deed
recorded in Garfield County on January 26, 1976 in Book 482 at Page 333 and
Agreement for Relocation of Access Easement recorded November 1, 2002 in
Book 1402 at Page 98.
16. Easement and right of way for ingress and egress as set forth in Quit Claim
Deed recorded in Garfield County on May 1, 1989 in Book 753 at Page 384.
17. Easements, rights of way and all matters as disclosed on Plat of Perry Sopris
Ranch 1041 Review recorded in Pitkin County on August 3, 1990 in Plat Book 24
at Page 50.
18. Exception Deleted Per Survey
19. Easement as granted to U.S. West Communications in instrument recorded in
Garfield County on August 9, 1991 in Book 810 at Page 750.
20, Easement as granted to U.S. West Communications in instrument recorded in
Garfield County on August 17, 1992 in Book 839 at Page 600.
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21, Easement and right of way for non-exclusive access easement as set forth in
Easement recorded in Garfield County on July 1, 1993 in Book 867 at Page 667.
22. Terms, conditions, provisions, obligations and all matters as set forth in
Ordinance No. 19, Series of 1994 by Town of Carbondale recorded in Garfield
County on January 16, 1995 in Book 928 at Page 861.
23. Exception Deleted, Annexation of Parcel Sold to River Valley Ranch.
24. Exception Deleted, Annexation of Parcel sold to River Valley Ranch.
25. Terms, conditions, provisions and obligations as set forth in Ditch Ownership,
Ditch Allocation, Ditch Use and Ditch Maintenance Agreement recorded in
Garfield County on January 16, 1995 in Book 928 at Page 983 and Amendment
to Ditch Ownership, Ditch Allocation Ditch Use and Ditch Maintenance
Agreement recorded November 12, 2003 in Book 1537 at Page 140.
26. Declaration of Restrictive Covenants and reserved easement rights recorded in
Garfield County on January 16, 1995 in Book 928 at Page 994.
27. Terms, conditions, provisions and obligations as set forth in Boundary Line
Adjustment Affidavit recordedin Garfield County on July 7 2000 -in -Book 1196 -at
Page 324.
28. Terms, conditions, provisions and obligations as set forth in Boundary Line
Adjustment Affidavit recorded in Garfield County on July 6, 2000 in Book 1196 at
Page 330.
29. Easements, rights of way and all matters as disclosed on Lot Line Adjustment
Plat, removing areas from River Valley Ranch recorded July 6, 2000 in Garfield
County as Reception No. 565950.
30. Terms, conditions, provisions and obligations regarding the release of historic
easement and creation of permanent easement as set forth in Quit Claim Deeds
recorded in Garfield County on November 1, 2002 in Book 1402 at Pages 171,
176, 180, 184, 188, 192, 195 and 218, and Deeds of Permanent Easement
recorded November 1, 2002 in Book 1402 at Pages 202, 209, 224, 232, 239,
249, and 262 and Deed of Permanent Easement and Declaration of Easement
Use Restrictions recorded November 1, 2002 in Book 1402 at Page 302.
31. Easements, rights of way and all matters as disclosed on Plat of Stover Lot Line
Adjustment recorded December 17, 2002 as Reception No. 616689.
32. Terms, conditions, provisions and obligations as set forth in Boundary Line
Adjustment recorded in Garfield County on December 17, 2002 in Book 1417 at
Page 322 and Quit Claim Deed recorded December 17, 2002 in Book 1417 at
Page 335.
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33. Terms, conditions, provisions and obligations as set forth in Right -of -Way
Agreement recorded in Garfield County on February 10, 2003 in Book 1434 at
Page 940.
34. Terms, conditions, provisions and obligations as set forth in Grant of Water Line
Easement recorded in Garfield County on November 12, 2003 in Book 1537 at
Page 159.
35. Terms, conditions, provisions, obligations and all matters as set forth in
Resolution of the Garfield County Board of County Commissioners recorded
September 16, 2005 in Book 1623 at Page 65 as Resolution No. 85, Series of
2004 and Special Use Permit recorded September 16, 2004 in Book 1623 at
Page 68.
36. Easement and right of way for Transmission Line Easement as set forth in
Transmission Line Easement Agreement recorded March 18, 2005 in Book 1671
at Page 423 (Garfield County) and recorded April 8, 2005 as Reception No.
508782 (Pitkin County).
37. Easement and right of way for non-exclusive access easement as set forth in
Bargain & Sale Deed recorded in Garfield County on August 7, 2006 in Book
T829 at Page 722.
38. Terms, conditions, provisions and obligations as set forth in Right of Way
Agreement with Colorado Department of Natural Resources recorded in Garfield
County on November 13, 2000 in Book 1217 at Page 186,
39. Easement and right of way for an electric transmission or distribution line or
system, as granted to Holy Cross Electric Association, Inc., in instrument
recorded October 11, 2006 in Book 1851 at Page 804 in Garfield County and
recorded October 12, 2006 as Reception No. 529738 in Pitkin County.
40. Any question, dispute or adverse claim as to any loss or gain of land as a result
of any change in the river bed location by other than natural causes, or alteration
through accretion, reliction, erosion or avulsion of the center thread, bank,
channel or flow of waters in the Crystal River lying within subject land; and any
question as to the location of such center thread, bed, bank, bed or channel as a
legal description monument or marker for the purposes of describing or locating
subject lands.
NOTE: There are no documents in the land records of the Office of the Clerk and
Recorder of Pitkin County, Colorado accurately locating past or present
location(s) of the center thread, bank, bed, or channel of the above River or
indicating any alterations of the same as from time to time may have occured.
AND
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13 of 13 R 66.00 D 1995.45 GARFIELD COUNTY CO
Any rights, interest or easements in favor of the riparian owners, the State of
Colorado, The United States of America, or the general public, which exist, have
existed, or are claimed to exist in and over the waters and present and past bed
and banks of the Crystal River.
41. Encroachments and all matters as disclosed by Survey of Sopris Engineering
LLC dated November 16, 2006 as Job No, 26198.
Page 5 of 5
ib tit ? !
entlrilag role ed,then this deme shall thereupon be operative at a oonveyance to the"
entee,lte edcceesore and as Slgne,of any remaining right,tltle and Interest of the,.
gr: t re,their sue res#ore and assigns ,in and to oil or minerals other than el. n
'said aided n.aut grantors have Paused these Presents to be ,e lEned by tM1
IN N 53 'dR FOF, the Rodd g crate eeale,thle 24th day of
duly eutho zed nfflcers,and attested by their corp
Pehry nrY1190' C COLORADO INDUSTRIAL. COYo1JHY,
(SEW.. J.F,Nslborn
Attest: Pre •en
LJ,N,fiese 000
Secre y
cF.A4) THE CO1:0 P. '_ • Fll p: AND MON COF'PA ,
By J.F.Welborn
-Attest: Pr esldent.
D.C.Na Sean
Secretary.
STATE OF COLORADO )
CITY ANO COUNTY OF DEiIVER )'•ss
ty
I, ti ar; T.Chemberlsir Votary
iend
t ffor
re said
b e Cithe and
county,d0 hereby OPT t y that J,1'.7lelb orn,who e p Public known
president of the : +n tore above named, and
r who
,nod t the
for eoingd deed t os L Odell, the fres
appeared befor= �e this day,and soknox9 edg ..
and vnlunt• sot of said grantors ,by him voluntarl done and exeouted for the use=
end pun . es therein set Porth.
tnees my hand and Notarial seal this 24th day eFeoruary,1909.
My GOmmlesion erpirt October 21,1, ?I12.
am T.Che mb: dein
iFF.AL) Votary ' Wells.
", record Peh.27,A.D. 1909 at 4:15 P.M.C.EuD Da rd,
Recorder,
By C,L.PubbOrd,Deputy,
YMRA'1TY 11EE71
tort
'N: tJJ. 1).n ub ^a d max
xFGrubS: of ield
inconsideration of the sump of ones Do11000y 1n heildP paid,dOdhet'eby grant, el.lof A And
convoy to the County of Garfield State of Colorado grantee, the following Reel Estate,
situated In Garfield 5r 5nty wid ,Late one Ccl where thew it do Section 10 ,Township
A strip of land 45 unty,arida State of nE where the Crystal River Boulevard le Wase
the Elk Mountain grade ,et -or near the line between Iota 2 and 7
pr
;sennt of whet 1, known ash taforesaid to
SS a point Grubbs bridgeserene the CrtKtalRSver,thenee northeasterlyly
to the right of way of the Crystal Rlvar Railroad,at or near Grubb, Station ell as
'said boulevard is now loOated,conntredand fenced,conveying. also hereby the afore-
said bridge;the same being for o public premiseshigto the grantee fore ve r'And ye hereby coven -
y.
To Have and to
ant to warrent and defend
said end the title to said premises against the lawful claims of all
persons wh0mne0over claiming by,thrOugh or under un.
wltnesn our hands and seals this 13th day of February
1909
1909 )S'k')
Max Grubb. (SEA1,)
STATE OF COLORADO, )SS.
County of Garfield )
. 1, Edwd 0 Tandy a No1aryPubl lc to and Por a aid Garfield County, do
hereby certify that on this cloy before me apps acrd in pa rood D.R.Grubb k Max Grubb to 0
'me per cannily known to be the identical persons who executed the foregoing Instrument
as grentore.and acknowledged the execution of the .same to be their free and voluntary
'act for the u'aa and purposes therein apo r,llne Te stlrony Thereof ,7 have hereunto net
•my hard end seal notarial this 15th day of February 19",9e
My cormiesldn expires April 4P 1912
(SEAL) Trnda• Rotary P"n11o•
Filed for record Vero]; 2 A.0.1909 et 11:07 A.M.t.F Ihthbnr d,
Recorder.
By O.L.Bubberd, Deputy.
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TY ATTORNEY'S OFFICE
August 9, 2007
108 8'h Street, Suite 219
Glenwood Springs, CO 81601
Tele: (970) 945-9150
Fax: (970) 384-5005
John B. Wood
Holme Roberts & Owen, LLP
1801 13th Street, Suite 300
Boulder, Colorado 80302-5259
Re: County Road 118; Garfield County, Colorado
Dear Mr. Wood:
I have reviewed your correspondence, with attachments, dated
July 31, 2007: Additionally, I haveperformed a cursory review of
a few historic documents maintained by Garfield County, as such may
relate to County Road 118. As'r general premise, it has been my
position and the BOCC's position for manyyears that the County may
relinquish any interest in a public right -o way -sole -1} -through the
road vacation process set forth in §43-2-301, et seq., C.R.S., as
amended, and Resolution 2003-7 of the Board of County Commissioners
of Garfield County (see attached). Therefore, in order to
accomplish the request set forth in your next to last paragraph, a
formal and complete application must be submitted under the terms
of the referenced Resolution.
With the above requirement in mind, I have a few observations
concerning the positions set forth in your correspondence:
1. Various official maps of the Garfield County road system
represent County Road 118 as both a County and public road. The
brief review that I have conducted in this matter indicates that
maps submitted to the Colorado Department of Transportation between
the years 1953 and at least through 1974 probably include a
complete depiction of County Road 118 as a public road, county
road, a maintained road and a road on which Garfield County
expended public funds and received reimbursement from the State.
I have included a relevant portion of the county Road map submitted
to the State of Colorado. for 1961. You will note County Road 118
is depicted. as such a road commencing on the north, in the area
where it currently lies abutting State Highway 113, and concluding
some distance to the south with a second:intersection with Highway
113-. This road is similarly depicted throughout that time period.
John B. Wood
Holme Roberts & Owen, LLP
August 9, 2007
Page 2
2. The County Road Inventory for 1998 references County Road
118 with a distance of approximately 4/10 of a mile, intersecting
with State Highway 133.
3. Several years ago the County expended several hundred
thousand dollars constructing a new bridgecrossing the Crystal
River servicing County Road 118. That bridge was constructed on
the representation of your predecessors in title, as well as other
property owners, that this county road extended from the bridge on
the north for some distance in a southwesterly direction servicing
the Perry Ranch, as well as other properties.
4. Under Bockstiegelv.BOCC 97 P.3d 324, there may exist
at least a prima facie case establishing County Road 118 throughout
its full length as a county and public road by prescriptive use.
With all of the foregoing in mind, it would seem prudent to
accomplish the request you have set forth and clear title for
property now owned by your client. You should submit a formal
reque-st to—vacate the subject right-of-way, which can be properly
considered by the Board of County Commissioners, as well as the
Garfield County Planning Commission. Many of the positions set
forth in your letter are policy decisions properly rendered by
those bodies subject to a public hearing. I note in your
correspondence that the primary basis for your request is to
protect a ranch that you represent includes a number of properties
that have existed as separate parcels. Both as a matter of law and
policy, the Board of County Commissioners will need to find the
existence of access to those parcels, even if owned by your client,
to the extent those parcels have not actually been legally merged
into the larger ranch property. TI is is an issue you may wish to
address before you proceed with any public hearings in this matter.
At this juncture, I have received no formal direction to
establish the existence of County Road 118 as a public road for all
or any portion of that road as it is historically portrayed.
Resolution of this issue by public action of the Board of County
Commissioners would seem to be a much more advantageous approach
than litigation. Please contact me at your earliest convenience
concerning the manner in which you wish to proceed.
John B. Wood
Holme Roberts & Owen, LLP
August 9, 2007
Page 3
Sincerely
4141 rr Of
A
DON K. DEFOR
urs
Garfield County Attorney
DKD/bjd
Enclosures
cc: BOCC
Marvin Stephens, Road &Bridge Dir.
000
BOULDER
COLORADO SPRINGS
DENVER
LONDON
LOS ANGELES
MUNICH
SALT LAKE CITY
SAN FRANCISCO
Holme Roberts Sc Owen LLP
Attorneys at Law
July 31, 2007
Via FedEx
Don DeFord
County Attorney, Garfield County
108 — 8th Street, Suite 219
Glenwood Springs, CO 81601
Re: Perry Sopris Ranch
County Road 118, Garfield County, Colorado
OR-
lr I\ -\FL— =r
11-3`
4 1 _ 7001
LACERS TITLE INSURANCE CORP
Dear Mr. DeFord:
I represent Tom Bailey, who recently purchased the PelTy Sopris Ranch along
Highway 133 south of Carbondale. Tom and 1 recently received notice that
Garfield County claims ownership of a road, County Road 118, across the east-
ern portion of the property. Although we were aware of a County Road 118
abutting the ranch, we disagree that the road extends within the ranch bounda-
ries. This letter explains our basis for disagreeing with the county's claim and
requests the opportunity to discuss this tnatter with you and, if necessary, the
county commissioners.
Given the high price tag of the ranch, we were careful to conduct a thorough
investigation of title and other aspects of the property, including the question of
whether County Road 118 impacts a portion of the ranch property. Specifi-
cally, we made a focused inquiry into the existence and location of the county
road, as follows:
1. We reviewed the original right of way deed, dated February 13, 1909, to
what is now County Road 118, a copy of which is attached as Exhibit A. In
order to make sense of the deed, we examined a map dated January 11, 1906, of
the railroad rights of way in the vicinity, which allowed us to determine the lo-
cation of the railroad grades, bridge and railway station referenced in the deed.
A copy of the pertinent portion of the map is attached as Exhibit B. From this.
analysis, we were able to determine that the road is relatively short, and termi-
nates at or near the boundary of the Perry Sopris Ranch property.
2. To obtain a more contemporaneous look at the road situation, we
viewed the 2005 Road Map of Garfield County produced by the Garfield
John B. Wood 303.417.8514 john.wood@hro.com
1801 13th Street, Suite 300 Boulder, Colorado 80302-5259 lel 303.444.5955 fax 303.866.0200
P83928 vl
Holme Roberts & Owen w
Attorneys at Law
Don DeFord
July 31, 2007
Page 2
County GIS Department, an enlarged portion of which is attached as Exhibit C.
The area of the Perry Sopris Ranch is immediately south of the Carbondale
town limits on the west side of Highway 133. From this map, we determined
that County Road 118 is a stub road terminating near the ranch boundary,
roughly colTesponding to the description in the 1909 deed.
3. To confirm the reliability of the county road neap, we obtained a copy of
the 2005 Garfield County Road Inventory Report adopted by the Garfield
County Board of County Commissioners on January 16, 2006, the pertinent
portion of which is attached as Exhibit D. The report shows three segments of
County Road 118, totaling 0.19 miles in length, consistent with the original
deed and the road map.
4. We also reviewed the -Garfield County toad map maintained by -the
Colorado Department of Transportation, which was derived from the county's
official road reports to CDOT pursuant to CRS §43-2-120. An enlarged portion
of this map is attached as Exhibit E, which depicts a stub road consistent with
the information discussed in paragraphs 1 — 3 above.
5. As an indication of whether there was county maintenance of a road
upon the property, we consulted the 2006 map of primary and secondary snow
plow routes prepared by the Garfield County Road and Bridge Department, an
enlargement from which is attached as Exhibit F. Again, the depiction of
County Road 118 on this map is consistent with the other data we had col-
lected.
6. As an additional check, we commissioned an ALTA survey of the prop-
erty by Sopris Engineering. After making its own independent investigation;
Sopris Engineering determined that County Road 118 terminated at the ranch
boundary. The pertinent portion of the survey, dated December 15, 2006, is
attached as Exhibit G.
7. The general warranty deed to the ranch, a copy of which is attached as
Exhibit H, also makes no exception for a right of way for County Road 118,
other than as contained in the original right of way deed. This is particularly
#83928 vl
Holme Roberts & Owen LLP
Attorneys at Law
Don DeFord
July 31, 2007
Page 3
significant in light of the fact that one of the grantors, Ruth Brown Perry, is part
of a family that has owned the ranch since at least the 1940's.
8. Similarly, the title insurance company, after making its own examina-
tion of public records and the survey, issued a title insurance policy which
makes no exception for County Road 118 other than the original right of way
deed (see attached Exhibit I).
9. Finally, a physical inspection of the ranch property itself did not reveal
any evidence of general public access or county maintenance of a road travers-
ing the property.
We believe that it was reasonable to rely upon the warranty of the long-time
owner, the separate conclusions of th€sunLeyor and title company, the -recorded
deed, a physical inspection, and the current public road and bridge records of
the county itself to conclude that County Road 118 does not infringe upon the
ranch property. It is consequently a surprise to learn that the county claims a
public road right of way extending from Highway 133, across the Crystal River
bridge, south through the ranch property and reconnecting with Highway 133
approximately half a mile down the road.
From our investigation, it is apparent that any claim by the county must be
based upon the creation of a prescriptive public highway pursuant to CRS §43-
2-201(c). In determining whether the county wants to try to prove a case for its
claim that meets the requirements ofMclntyre v. Bd. of County COnitn'rs, 86
P.3d 402, 406 (Colo. 2004), I am hoping that you will consider the following:
A. The approximate route of the roadway claimed by the county, as I un-
derstand it, is attached as Exhibit J. To the extent that the claimed right of way
lies within the Perry Sopris Ranch property, the road, quite literally, is a road to
nowhere. It does not provide access to any public land. It does not even pro-
vide access to any property owned by third parties — in conjunction with his
purchase of the ranch, Toni also purchased the parcels identified as Ruth Brown
Tract and Fasching Haus, Inc. on Exhibit G, which were the only other parcels
that obtained access through the property. Nor does it does provide secondary
access of any value to other properties.
#83928 v
Holme Roberts 8, Owen w
Attorneys at Law
Don DeFord
July 31, 2007
Page 4
At one time, a short segment of the claimed right of way coincided with the his-
toric access to properties owned by David and Susan Stover and Jan Mac-
Cready. However, this access was abandoned by means of a deed in October,
2002 (see Exhibit K) and replaced with an access along Crystal Bridge Drive
through River Valley Ranch (see deeds attached as Exhibit L).
The only remnant left of the former access is the fact that (unbeknownst to us at
the time the property was purchased) the Stovers' mailbox is located a short
distance within the ranch boundary (see Exhibit M). We have investigated this
situation, and have discovered that, after the abandomnent of the historic access
to the Stover property, the county did not change the Stovers' address. Conse-
quently, the Postal Service refuses to allow the relocation of the mailbox to a
more convenient spot. I have talked to Mr. Stover, who would be delighted to
have his mailbox relocated -to -Crystal Btidge Dtive (the current access route to
his property). We are working on this, and would welcome your assistance
with the appropriate county official to obtain a change of address. In the
unlikely event that we cannot relocate the mailbox, however, we are prepared
to enter into a private agreement with the Stovers for mail delivery, rather than
making it necessary for the county to maintain a county road for the sole bene-
fit of a solitary mailbox. In any event, the existence of a private mailbox within
the ranch boundaries does not, as a policy matter, call for the county to assert
ownership of the entire length of the claimed right of way.
B. Because the portion of County Road 118 within the ranch boundaries is
not shown on the county road map submitted to CDOT or in the county road
inventory, there is no loss of highway user funds to the county by acknowledg-
ing that the road does not traverse the ranch as claimed. Consequently, the only
financial impact to the county of disclaiming its interest in the road within the
ranch boundaries is positive, in that the county will not be called upon to main-
tain and plow the road or face potential liability from the public's use of the
road.
C. The claimed route of the right of way goes through the heart of a pro-
posed multi-million dollar reclamation and reconstruction of the area. Pres-
ently, Tom intends to restore certain historic structures on the ranch, to replace
the existing run-down sheds, and to reclaim the remaining area as pasture (see
#83928 vl
I-Iolme Roberts & Owen LLP
Attorneys at Law
Don DeFord
July 31, 2007
Page 5
Exhibit N). Having a public county road through the reclamation area makes
the contemplated plan infeasible, and faces Toni with the decision of whether to
pursue a less functional site plan, change his intention to preserve agricultural
use on this portion of the property, or rescind the ranch transaction altogether.
In any event, I am sincerely hopeful that we can avoid a disagreement and po-
tential litigation over the road. Although I recognize that counties are reluctant
to relinquish claims to public access, under the unique circumstances of this
case there is nothing to be gained and much that can be lost if the county per-
sists in its claim Tom and I consequently request Garfield County to disclaim
its interest in the alleged County Road 118 within the boundaries of the Perry
Sopris Ranch.
Lwould be happy_to discuss -this -matter -further -with you -and -to -provide -any
other documentation in my possession that you feel would be helpful in evalu-
ating this issue. 1 would also be happy to meet with you or the county commis-
sioners in whatever context you feel would be most conducive to resolving this
matter. Unfortunately, time is of the essence, in that Tom is anxious to com-
mence his work upon the ranch. The ranch is also experiencing theft problems
due to its inability to control its boundaries, which is not a situation that can
lot g be endured. We consequently hope to talk with you soon.
Sinc .el
AP
John B
Wood
enclosures
JBW:ab
#839280
Holme Roberts & Owen LLP
Attorneys at Law
Don DeFord
July 31, 2007
Page 6
cc (w/enc.):
Thomas H. Bailey
Robert O'Brien
Dan Kerst, Esq.
Pitkin County Title, Inc. (ref. Case No. B4864L)
awyers Title Insurance Corp. (ref. Policy No. A75 -Z089748)
Bobby Branham, Garfield County Road and Bridge Dept.
David Stover
Darcey Leavitt, Sopris Engineering
N83928 yl
2EXHIBIT
D3
H. Statement Regarding: Access to Public Lands
The road to be vacated does not provide any access to public lands.
EXHIBIT
I
I. Names and Address of Adjacent Property Owners
ADJACENT PROPERTY OWNERS
There are no property owners other than the Petitioner who own property immediately
adjacent to the portion of CR118 that is the subject of this application; however, the
property owners listed below may have an interest in the Petition and have been
previously contacted by the Petitioner.
Colorado Department of Transportation
Attn: Welden Allen
222 South 6th Street, Room 317
Grand Junction CO 81501
Colorado Division of Wildlife
Attn: John Groves
50633 Highway 6 and 24
Glenwood Springs CO 81601
All other property adjacent to the road is owned by the Petitioner or affiliates of the
Petitioner.
J. County Road Maps from 1951, 1961, 1976 and Current
; e -
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EXHIBIT
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K. County HUTF Reports
Tuesday, January 09, 2007
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INVENTORY LISTING CONTENTS AND ABBREVIATIONS
COLUMN NAME DESCRIPTION
Segm/ID Segment I.D. number (unique, ordered, sequence number).
Route County Road number or City Street name. City street names must end with a
two letter street -type abbreviation as listed on the next page.
Route Alias English Name of road or CR nn.n if no English Name (Counties only).
Description Beginning point, direction, and ending point of road segment.
See next page for standard abbreviations and usage.
Length Length of street segment to the nearest hundredth of a mile (x.xx).
Pri/Surf Surface type. See pps. 7-8 for a detailed listing.
Pri/Surf/WD For divided streets, total width of driving lanes in the primary and secondary
directions, excluding the median width. For undivided streets, total width.
Thru/Ln/Qty Number of through lanes.
Admin/Class Administrative classification system. The codes for admin/class are:
0 — overlapping miles, non -chargeable.
1 — arterial service.
Jur/split
2 — local service.
4 — proposed local road, not yet constructed
7 — future segment the National Highway System (CDOT Only).
8 — open public road, not eligible for HUTF.
9 — not -maintained, not eligible for HUTF.
Jurisdictional split. The codes forjur/split are:
1 - county / county split.
2 - city / county split.
3 - city / city split.
5 - on State line, jurisdiction split with neighboring state jurisdiction.
0 or Blank - no jurisdictional split.
Func/Class/ID Functional classification. (Can only be changed by CDOT and FHWA).
HPMS/Sample Yes = Highway Performance Monitoring System sample location. No = Not.
PriPSI Pavement condition .
Insp/Yr Year of most recent inspection.
Proj/Yr Year of initial construction of subsequent major project (reconstruction or an
overlay of I" or more)
25
Street Type Sufflx Abbreviations
St-Abhrev St_Text
No Type
AL Alley
AV Avenue
-�_------_�-�_--!
BD Boulevard
BY Byway
CD Cul De Sac
C| Circle
CR County Road
CT Court
'--------�---�---'�
CV Cove
-'--���-��--_----__`
DR Drive
EX Expressway '
LN Lane
From/To Abbreviations
Deoc_Abbrev| Deso_Taxt
BARR
BDRY
BGN
CBD
CDS
CG
CL
COU
CRK
ECL
END
GLCU
HOVCH
MP/NG
LG
iNCHG
N/V\88DRY
NCL
NFOR
NGL
N&1CHG
NMON
NOCHG
NP
OPERCH
OWNCHG
PCG
PG
PRK
RRX
RVR
lBarrier
ess district
!Cul de sac
ilbattle guard
!City limits
1County1inn
!East city limits
!End of road
!Gulch
OV Lanes(s)
Begin/End HPMS Sample
Locked gate
iChanDein#of thru|onoo
1Nonattainment area Bdry
!North city limits
!National forest
Mational grassland
!Name change
!National monument
;Number change
!National park
One-way/Two-way change
Gov|nve|Ownership Chang
Posted cattle guard
!Posted
!Park
!Railroad crossing
/River
26
St_Abbrev
St_Text
.LP;Loop
9i !Place
PT Point
PY !Parkway
'
RD /Rood
RN !Run
SQ ISquare
.8T Street
TE !Terrace
TR iTrail
VI !View
WY !Way
Desc_Abbrev
Desc_Text
8CL
SH
SPLIT
8RFCH
STP
STR
�
-.CH
TG
URBDRY
WCL
VV|DCH
South city limits
State Highway
|Juhadictionu|np|it
Surface change
State Park or State Rec. Area
:Structure/Bridge
!System change
.Urban boundary
West city Iimits
Width of surface change
L. Other County Maps
4
This area overlaps
with Aspen Glen
map (previous page)
To Aspen Glen
\and Glenwood Springs
z Glenwood Av
Sopria Av
To Safari,
Spell £
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F
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t
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MAP
Aspen Glen KEY
(previous page)
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nidge Cr
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ICarbondale
(this page)
211
Cath.tMa Stvg kit-CArri d
HT 11911aM Thompson 0r
l0 Lamprecht Dr
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Zone Districts,
Study Area 1,
Garfield County,
Colorado
•
Garfield CouaN
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Legend
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Proposed Land Use Districts,
Study Area 1,
Garfield County, Colorado
Grail•Id county
Legend
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Wildfire Hazard,
Carbondale USGS Quad,
Garfield County, Colorado
y Ar Garfield County 0 2150 4 300 8
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Feet
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19nWXeCabnda4 leirddra 1 117 Ronson a 62401
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Voter Precincts
Town of Carbondale
Gad el0 Coca", co
Legend
POLLING PLACES BY PRECINCT NUMBER
1 CARBONDALE FIRE STATION
300 MEADOW000
CARBONDALE
2 RIVER VALLEY RANCH BARN
333 RIVER VALLEY RANCH DR
CARBONDALE
3 CARBONDALE TOWN HALL
511 COLORADO
CARBONDALE
4 WALDORF SCHOOL
16543 HIAN 82
CARBONDALE
Carbondale
1144eanciaNycerbOnacisPequon 9 14744
B. Pitkin County: "The Applicant says there are no public or private lands
(other than his) affected by this vacation. What about those two or three houses
that are directly north of the portion of the road that is perpendicular to 133?
They look like they don't have any other access. Are they owned by Applicant?
And there is a chunk of BLM land back there. Is that accessed from RVR?
C. County Sheriff.:. "The Garfield County Sheriffs Office does not have any
comments in the matter of vacating the portion of CR 118 known as MT. Sopris
Ranch Road."
D. Colorado Department of Transportation: "I have no issues with the
vacation of the CR 118 in regards to access."
E. Carbondale Fire Protection District: "We have no issues with the
vacation of that portion of the County Road." (Letter submitted by Applicant as
Exhibit E in the application.)
F. Town of Carbondale: Larry Ballenger (Public Works Director) explained
that the Town does not have a problem with the vacation so long as they can
continue use the road as access to the Bowless and Holland Ditch that the Town
owns and maintains.
G Mountain Cross Engineering (County Contract Engineer
ENGINEERING ISSUES
From a technical perspective, a dead end road would need to have an adequate
turnaround for maintenance, snow removal, and emergency vehicles. It appears
that GARCO Road and Bridge Department has not had any problems in the past
and the Carbondale and Rural Fire Protection District indicated they have no
issues with the proposed partial vacation of the road.
OTHER OBSERVATIONS
The 1909 Grubbs dedication of a 45 foot right-of-way to the County does not
appear to be a "stub" road but rather a connection across the Crystal River from
the Elk Mountain Railroad grade to the Crystal River Railroad grade for the
Crystal River Boulevard public highway. Construction of a new bridge across the
Crystal River along the current Highway 133 alignment rerouted the main
roadway from the Grubbs bridge crossing and off the Mount Sopris Ranch.
V. RESOLUTION NO. 2003-07 XI PROHIBITED VACATIONS
Resolution No. 2003.07 §XI states that the Board shall not approve any petition
or request to vacate a county or public road right-of-way when the following
information has been submitted:
3
• The subject county road or public road right-of-way provides any access to
public lands;
• The subject county road or public road right-of-way abuts or is connected
to any property including any easement owned by the federal government,
State of Colorado, municipality, county, or special district, where such
property or easement constituted a public park, recreational area or trail;
and
• The subject county road or public road right-of-way is currently used or will
be used in the foreseeable future for any county or public road purpose;
Staff Finding
The present County Zoning map below shows the road terminating on the
Applicant's property. Also the map below shows that there is BLM "in parcel" to
the west of the ranch that is not publicly accessed from the portion of CR 118
that falls within the Applicant's ranch property
�•
River
Valley
Ranch
1i
( CR 118
rystal Sprin.'-....m
Ranch
_
1
1
/.�
/
1r. 1�
f v 11
io
Applicant's
Ranch
�" ~-i-----N----County Line
I
BLM
Staff discussed this vacation question with a property owner, David Stover, who
previously had an access easement to his property from this portion of CR 118.
That easement has been vacated and he now uses an alternate access through
River Valley Ranch. However, Mr. Stover still maintains a US Post mail box on
CR 118 and indicated that he would not object to a vacation sol long as an
appropriate location could be agreed to for his mailbox at that location.
Regarding the history of CR 118, the Applicant has submitted a substantial set of
maps, deeds, etc. that indicate the northern most segment as it crosses the river
4
and lands on the west bank of the Crystal was actually deeded in 1906 from the
Grubbs to the County. From then on, there are a wide variety of state and
county maps showing various alignments of CR 118, most all of which depict the
road terminating either at the gate of the Perry Sopris Ranch or just inside the
property. Nowhere in any of the documentation does the road show an alignment
providing access to the BLM property to the west.
In 1992, the County expended public funds to improve the bridge across the
Crystal and pave a short portion of the road from SH 133 across the river. The
County's HUTF documents indicate a decrease in mileage maintained from 0.39
to 0.19 miles; that latter of which section would still remain a county road after
vacation.
There appear to be four other properties that have had access at one time from
CR 118 which include Stover (mentioned above) and MacCready which have
both vacated their easements and the Fasching House and Ruth Brown property
which have been acquired by the Applicant with the purchase of the ranch and
were accessed via easements or private internal ranch road. The only other
parcel is owned by the CDOW which will not be affected by the proposed
vacation as it will still have the portion of CR 118 that would remain a county
road.
The Applicant has been working with the Town of Carbondale to finalize
arrangements to allow access to Bowless and Holland Ditch that the Town owns
and maintains. Staff anticipates this arrangement to be reached prior to ant
vacation if approved by the Board. Additionally, the Applicant has been working
with the County Road and Bridge Department to arrive at a dead-end turn -around
that meets the County's needs. This should also be set in place prior to any
approval by the Board.
VI. PLANNING COMMISSION RECOMMENDATION
Based on the information above, the Planning Commission recommended the
Board of County Commissioners approve the request to vacate a portion of
County Road 118 as described on the Applicant's survey finding the following:
1) That proper public notice was provided as required for the hearing
before the Board of County Commissioners;
2) The subject county road or public road right-of-way does provide any
access to public lands;
3) The subject county road or public road right-of-way does not abut or is
not connected 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;
5
4) The subject county road or public road right-of-way is not currently
used or will not be used in the foreseeable future for any county or
public road purpose;
5) That for the above stated and other reasons, the proposed public right-
of-way vacation is in the best interest of the health, safety and welfare
of the citizens of Garfield County;
6) Any resolution shall include a "Whereas" statement that indicates the
Town of Carbondale shall still have access as it has historically had in
order to maintain the Bowless and Holland Ditch that the Town owns;
and
7) The Applicant shall reach an agreement with the County Road and
Bridge Department regarding a turnaround design that meets their
requirements and shall construct any associated improvements
requested by the Road and Bridge Department prior to the vacation of
I\ CR 118.
e -10 (riih.)
"17 E i�, �,�\ hul"' -11)
2
6
EXHIBIT
d 6 -
Fred Jarman
From:
Lance Clarke [lancec@co.pitkin.co.us]
Sent: Monday, February 04, 2008 1:35 PM
To: Fred Jarman
Subject: vacation of Mount Sopris Ranch Rd.
Fred: How you doin'?
So, the Applicant says there are no public or private lands (other than his) affected by this vacation. What
about those two or three houses that are directly north of the portion of the road that is perpendicular to 133?
They look like they don't have any other access. Are they owned by Applicant?
And there is a chunk of BLM land back there. Is that accessed from RVR or something? LC
2/5/2008
Vacation of CR 118
From: Roussin, Daniel [Daniel.Roussin@DOT.STATE.CO.US]
Sent: Sunday, February 03, 2008 12:11 PM
To: Fred Jarman
Subject: Vacation of CR 118
I have no issues with the vacation of the CR 118 in regards to access. Thanks for keeping us
in the loop.
Dan Roussin
Colorado Department of Transportation
Region 3 Permit Unit Manager
222 South 6th, Suite 100
Grand Junction, Co 81501
970-683-6284
970-683-6290 FAX
file://T:Ifjarman\Land Use Cases\2007\Road Vacation\CR 118 Road Vacation\CDOT Com... 2/7/2008
Fred Jarman
From: Jim Sears
Sent: Monday, February 04, 2008 2:46 PM
To: Fred Jarman
Subject: CR 118 vacate
Fred: The Garfield County Sheriff's Office does not have any comments in the matter of vacating the portion of
CR 118 known as Mt. Sopris Ranch Road.
James H. Sears
Emergency Operations Commander
Garfield County Sheriffs Office
970-945-0453 (w)
970-379-4202 (c)
2/5/2008
Fred Jarman
From: Mike Vander Pol
Sent: Tuesday, February 05, 2008 7:47 AM
To: Fred Jarman
Cc: Jake Mall
Subject: Iron Rose Land & Cattle II, LLC
EXHIBIT
Fred;
After review of their application to vacate interest in CR 118, Road & Bridge has no objections other than we
request a large enough area to turn around at the gate.
Mike
2/5/2008
'RESOURCE
.11.l...
.....
■■■■■ E N G I N E E R I N G INC.
Fred Jarman
Garfield County Building and Planning Dept
108 8th Street, Suite 201
Glenwood Springs CO 81601
RE: Iron Rose Land Cattle II, LLC
Petition to Vacate a Portion of County Road 118
Dear Fred:
EXHIBIT
_Z_
February 6, 2008
At the request of Garfield County, Resource Engineering, Inc. (RESOURCE) has
reviewed the Petition to Vacate a portion of County Road 118 near Carbondale through
land owned by Iron Rose Land Cattle 11, LLC. The petition submittal is dated December
6, 2007.
ENGINEERING ISSUES
From a technical perspective, a dead end road would need to have an adequate
turnaround for maintenance, snow removal, and emergency vehicles. It appears that
GARCO Road and Bridge Department has not had any problems in the past and the
Carbondale and Rural Fire Protection District indicated they have no issues with the
proposed partial vacation of the road.
OTHER OBSERVATIONS
The 1909 Grubbs dedication of a 45 foot right-of-way to the County does not appear to
be a "stub" road but rather a connection across the Crystal River from the Elk Mountain
Railroad grade to the Crystal River Railroad grade for the Crystal River Boulevard public
highway. Construction of a new bridge across the Crystal River along the current
Highway 133 alignment rerouted the main roadway from the Grubbs bridge crossing and
off the Mount Sopris Ranch.
Please call if you have any questions or need additional information.
Sincerely,
RESOURCE EN INEERING, INC.
Michael . rion, P.E.
Water esources Engineer
MJE/mmm
885-52.0
Fred jarman vacate cr 118
'CtilVED
FEB 0 7 2008
f3UILL L J 7 & PLANNING
Consulting Engineers and Hydrologists
909 Colorado Avenue • Glenwood Springs, CO 81 601 • (970) 945-6777 • Fax [970) 945-1137