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8.0 Resolution 2012-92
1IIIm.NTriiv`min Iiumeen 1rla *I I IN Reception#: 827817 11/30/2012 02:23:10 PM Jean Aibericc 1 of 6 Rec Fee:$0.00 Doo Fee:0.00 GARFIELD COUNTY CO STATE OF COLORADO ) )ss. COUNTY OF GARFIELD ) At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held at the County Administration Building in Glenwood Springs on Monday, the 19th day of November, 2012, there were present: Tom Jankovskv Mike Samson John Martin Andrew Gor ev Frank Hutfless Jean Aiberico , Commissioner , Commissioner , Commissioner Chairman , County Manager , County Attorney , Clerk to the Board when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 12- ix RESOLUTION ACCEPTING A PUBLIC ROAD RIGHT-OF-WAY DEED FOR A PORTION OF COUNTY ROAD 312 LOCATED IN THE S1/2SE1/4 OF SECTION 30, TOWNSHIP 6 SOUTH, RANGE 90 WEST OF THE 6TH P.M., COUNTY OF GARFIELD, STATE OF COLORADO WHEREAS, the Board of County Commissioners of Garfield County, State of Colorado ("BOCC") is a legal and political subdivision of the State of Colorado for which the BOCC is authorized to act; and WHEREAS, the BOCC is entitled to accept right-of-ways properly dedicated to the public, for use by the public, and on behalf of the public, pursuant to the provisions of Section 43-2-201(1)(a), C.R.S., as amended; and WHEREAS, the BOCC desires to confirm use of, and formally accept as a public and county road right of way, an existing portion of County Road 312. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, State of Colorado, as follows: 1. The Board of County Commissioners hereby accepts as a public and county road right-of-way the property deeded by Gill Smith and Lacy Orr, through the Right of Way Deed attached hereto as Exhibit A. The acceptance by this Resolution is limited to the descriptions contained therein. r. 1111InWhilei 'arIcucni h6pcciiii 11111 Reception#: 827817 11/30/2012 02:23:10 PM Jean Alberico 2 of 6 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO , FIELO.�p,I% s�j=i Qty : DATED tu�, Alf . , 20 /2.' . • BOARD OFC ATTEST: G • ' ELD C .• A O1 ""4 ....... '• of � '4"T, Clerk to the o d MMISSIONERS OF ATE OF COLORADO Upon motion duly made and seconded the foregoing Res STATE OF COLORADO ) } COUNTY OF GARFIELD ) ss. Tom Jankovsky Aye Mike Samson Aye John Martin Aye Commissioners 1, Jean Alberico, County Clerk and ex -officio Clerk of the Board of County Commissioners in and for the County and State aforesaid do hereby certify that the annexed and foregoing Resolution is truly copied from the Records of the Proceedings of the Board of County Commissioners for said Garfield County, now in my office. IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed the seal of said County, at Glenwood Springs, this day of , A.D. 20 . County Clerk and ex -officio Clerk of the Board of County Commissioners 2 111111AXIMICIV114h.lw1i 11011104%1 9 N 1 1 Rik 111111 Reception#; 827817 11!30!2012 02.23:10 PIS Jean Alberico 3 of 6 Ileo Fee:$0-00 Doc Fee:0.00 GARF1ELD GOUNTY CO RIGHT-OF-WAY DEED Lacy On. and Gil Smith, Grantors, owners in fee of the real property hereinafter described, for good and valuable consideration, the receipt and sufficiency of which are hereby confessed and acknowledged, hereby grant and convey to the Board of County. Commissioners of Garfield County, Colorado, Grantee, without warranty of title, a public road right-of-way over and across that real property in the County of Garfield, State of Colorado, to wit: See Exhibit A attached hereto and incorporated herein by reference Subject to easements of record and reserving any and all minerals and the right to use the subsurface thereof, provided such use does not interfere with the use of the entire surface for public roadway purposes. rr IN WITNESS WHEREOF, Grantors have executed this document on the /6 day of z-zd, , 2012. Lacy Orr STATE OF iti`~ ) ss: COUNTY OF _ pa, ) The . foregoing instrument was acknowledged before me this Vo day of '- i 2012, by Lacy Orr. Witness my hand and official seal. My Commission expires: .&12 11___\6_1___‘0\ 1 EXHIBIT 1111InPMItiVIIIi*11.4414141C1W1C1111111i11111111 Reception#: 827817 11/30/2012 02:23:10 PM Jean Alberico 4 of 6 Reo Fae:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO STATE OF�,a s ) ss: COUNTY 0 ) The „Wiping instrument was acknowledged before me this t to day of ck), _ 2012, by Gil Smith. Witness my hand and official seal. Accepted as a public and county road right-of-way by resolution of the Board of County Commissioners of Garfield County Colorado, adopted the day of 2012. ATTEST: BOARD OF COUNTY COMMISSIONERS By: Deputy Clerk Chairman 2 ■III In 5 HI Receptions: 827817 11/30/2012 02:23:10 PM Jean Alberlco 5 of 6 Reo Fee:$0,O0 Doc Fee 0.00 GARF1ELD COUNTY CO SURVC©, INC. RZSiamdgmoliesilaLM Road Sight of Way Legal Description derfiald County Road No. 312 Orr -smith Bvhdivieion laaMPtioal A treat of land to be need for Right of Way purposes for Garfield County Road No. 312, said tract Of land being situated in the 31/2881/4 of Rection 301 Township 6 Routh, Range 90 Meat of the 6°° F.M., Count? of [fartie1d, State of Colorado, said Rigbt of Way encumbering the following described tract of land as follOwe1 • (Bcarings d9 recited in this description are based upon the South Brie of maid B1/201/4 as having a RTK {APB observed bearing of N.89°16►40"W. Q44nuuientation found in the field at the Southwest Garner of said 91/201/4 is a rebar and aluminum cap WA No. 19598 found in place and at the Southeast corner of said 61/26S1/4 is a zebar and plastic carp, .PLS No. 19598 found in place.) Beginning at the point of intersection of the West line of said 81/28E7./4 and the Northerly Right of Way of maid Garfield County Road No. 312 fro* whence the Nortinreat corner of said 81/29141/4 bears 400043+40MW. 341.31 feet, said Northwest corner being n1a4umentrad with a rebar and aluminum cap, RLS No. 29598 being found in placer Thence along said Nol:tlzer1y Right of Way the following 16 courses and.4Lstanaeas 1) Thence 8.6893'42"L445.22 deet; 2) Thema cosy/won. 118.1.2 feet: • 3) Thence 8.64°05+04002. 196.05 feet' • 4) Thence 8.50°53'0291. 10546 feet' 5) Thence 9.57°57'43"8. 1.1.5.79 feet, 6) Oenoe 39.14 feet along the aro of a curve to the left haves a radius of 70.00 feet; a, central! eagle of 32'02'17" and sub tending a chord which beers 5.73°8B'01"2. 36.63 .feat: 7) Thence 8.90000'00•s. 206.12 feet; 9) Thence 41.22 feat s].png the arc of a curve to the right having a radius of 130.00 feet, d central angle of 10°09,59" and ant - tending a chord which bears 6.80655'OO"E. 41.95 teat! 9) Thence 8.71°50'01"6. e1.59 feet) • 10) Thence 41.46 f set ;along the aro of a non - tangent curve to the right bowing a radius of 120.00 feet, a central angle of 18916026" and sUb-tending a chord which bears 8.62°41'49°E. 41.29 'Peet' PH 1970) 9484945 esa•i/3 e1NANb AVSNua. mune Nv. sa FIT arrele d X 8 782 131.WY as0 111999.10s, CO. Pi eois.s4a91 EXAMS almVoelVelNAlr..smM -NU. Feel 1-864•145, 1945 rA%i (97n1 9454945 1111 Al' a. MAYA ilk IM111 Reception$1: 827817 11!30!2012 02:23:10 PM Jean Alberico 6 of 6 Rec Fee;$0.00 Doc Fee:0.00 GARFIELD COUNTY CO 11) Thence 8.534,44'37"8. 202.40 fret; 12) Thomas 8.41657'494. 336.62 feet! • 13) Thence 164.79 •feet along the arc of a curve to the left halving a radius of 200.18 feat, a central angle of 4749'69" and sub -tending a chord Which bears 8.65°33'48"3. 180.18 feet/ 14) Thence 8.89°0743"ID. 724.77 to a point on the Westerly line of that tract of land as described in Book 360 at Page 461; 15) Thence along aaid Ofester].y line 6,01°14'42°W. 0.17 feet to the southwest cermet of said tract of land, 16) Thaaoe along the Southerly line of aaid tract of Land 11.89407'42"3. 174.93 feat to a point an the Haut lira of said 01/201/4, Thence along said 8aat line 0.00°39' 3B" R. 30•.00 feet to the Southeast corner of Said 81/28311/4, thence along the South line of said 81/2831/4 N.89'16'40'W. 1009.58 feet to a point on the Southerly Right of Way of aaid County Road WO. 3121 Thence along aaid 8outharly Right of Way the following 13 aouraas and distances; 1) Thence 100.2E feet along the aro of a tion -tangent • curve to the right having a xadine of 2600.10 feat, a central angle of. 12°04'60" and sub -tending a chard which bearer lf.53°00'7.8"W,..99.66 feet, 2) Thence L41°51'49"W. 332.33 feet! 3) Thence 11.63.°44'37°W. 106.32 feet/ 4) Thence 22.41 feat along the aro of a non -tangent (=xve to the left leaving a radius of 70.00 feet, a oentral.angle of 10°20'25" and eub-tending a chord ,rich bears 11.62°39'40" W.'22.31 feet* 5) Thence 14.71.050'O1°W. 81.69 feet; 6) Menne 22.19 feet along the aro of a ourve to the left having a radius of 70.00 feet, a central angle of 18°00'59' and sub- tending a chord oshiuh Mare 10'.80°55'00"1. 22.10 faetr 7) Thence N.90100'00'W. 106.12 feat; 8) Thence 72.69 feat along the aro of a +terve to the right having. a radius of 7.30.00 feet, a central angle of 32002'7.7" and sub- tending a Chord which bears N.73'68'62011. 71.7S feet* 9) Thence N.57057'43"W. 1.19.49 feet; 10) thence 21.50°53'08"8. 101.91 feet! 11) Thence N.64'05'04111. 191.30 feat, 12) Thence 10,6154,51•090W. 1 77.92 feet! 13) Thence N.60°33'420W. 418.92 feet to a point en the Nest line of said 81/2981/41 Thence alb said West lime 11..00°43'40"B, 64.15 feet to the Point of Beginning. Said Right of Way encumbering an area Of 3.47 acres as described herein. 2