HomeMy WebLinkAboutLetter to Glenn Hartman 12.19.2013BSG
BALCOMB & GREEN,pc
A FULL SERVICE LAW FIRM SINCE 1953
Chad J. Lee, Esq.*
Telephone (970) 945-6546
Facsimile (970) 945-8902
dee@balcombgreen.com
*Licensed in CO and WY
December 19, 2013
Via Hand Delivery and Email (without attachments)
Garfield County Community Development
Glenn Hartman
108 8th Street, Suite 401
Glenwood Springs, CO 81601
Re: Colorado Rocky Mountain School Vacation of a County Roadway Request (File
RVAC-7772)
Dear Glenn:
Thank you for your letter dated December 12, 2013 and you phone call. We have compiled
additional information in response to your requests. Below is an item -by -item response.
1. Title. The right of way is located in Lot 15, Section 28 and Lot 3, Section 33, Township 7
South, Range 88 West of the 6th Principal Meridian. Enclosed are three deeds conveying
property to CRMS. The deed in 1954 conveys Lot 15, Section 28 west of the County
Road. The 1955 deed conveys Lot 3, Section 33 west of the County Road. The deed in
1956 conveys the land in Lots 15 and 33 east of the County Road. Also enclosed for
reference is the BLM Master Title Plat, the 1952 Supplemental Plat of Section 28, and a
USGS quad. Please let me know if you need additional information to verify land
ownership.
2. Vicinity Map. Endosed is a revised vicinity map which includes the requested changes.
Please let me know if you have additional questions or' need additional copies. This map
includes 20 and 200 foot buffers for purposes of locating structures and notifying
adjacent and nearby landowners.
3. Utility Easements. There are five utility lines over the road right of way: sewer
(Carbondale), water (CRMS), electric (XCe1), gas (Sourcegas), and a fiber optic (Century
link). Enclosed are responses from Carbondale, Xcel, Sourcegas, and Centurylink. We
Mailing Address:
P.O. Drawer 790
Glenwood Springs, CO 81602
www.balcombgreen.com
Glenwood Springs Office:
818 Colorado Avenue
Glenwood Springs, CO
(970) 945-6546
Aspen Office:
0133 Prospector Road, Ste. 4102E
Aspen, CO 81611
(970) 920-5467
BSG
BALCOMB & GREEN, PC
A FULL SERVICE LAW FIRM SINCE 1953
Chad J. Lee
Re: CRMS
December 18, 2013
Page 2 of 2
are working with Centurylink to locate their additional utility facilities within the
easement.
4. Title Opinion. The statements provided in Applicant's narrative (Tab 5) were intended
to satisfy the criteria that Applicant provide an attorney's opinion on the status of the
County's title to the subject roadway. We reviewed the public records available at the
Garfield County Clerk and Recorder's Office and did not locate a recorded conveyance
to the County creating this county road. Nonetheless, it appears on the 1910 road map.
Therefore, it is our belief that the road exists by prescription or another statute. See, e.g.,
C.R.S. § 43-2-201(1)(c) (adverse use for 20 years); C.R.S. § 43-1-202 (open in 1921).
5. Access to Public Lands. The proposed vacation does not provide access to any public
lands.
6. Property Owners. The enclosed vicinity map now highlights property owners within
200 feet of the boundaries of the requested road vacation. Also enclosed is a revised land
ownership map. In this revision, we have separated the mineral ownership, which we
verified with the Garfield County Assessor prior to the application as required by Section
4-101(E) of the Garfield County Land Use Code and C.R.S. 24-65.5-103.
7. Review Criteria. Enclosed is a formal statement addressing the criteria of Section 4-
108(C). In summary, the road does not provide access to public lands, does not connect
to any public facilities, and Applicant has proposed a satisfactory alternative
bike/pedestrian path.
Thank you for your timely and thorough review of our application materials. We look
forward to working together with you on this application. Please let me know if there is
anything else you need from us to declare the application technically complete.
Very truly yours,
BALCOMB & GREEN, P.C.
By:
Enclosures