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Home My WebLink About5.0 Resolution 2014-321111 ParIffM11' LM!rri a'IIU.11145'P iik i'1$ i 11111 Reception#: 851137 07108/2014 03:25:29 PM Jean Alberico 1 of 4 Rec Fee:$0.00 Doc 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 in the Commissioners Meeting Room, Garfield County Plaza Building, in Glenwood Springs, on Monday, the 16th day of June, 2014, there were present: John Martin Mike Samson Tom Jankovsky Frank Hutfless Kelly Cave Jean Alberico Andrew Gorgey , Commissioner Chairman , Commissioner , Commissioner , County Attorney , Assistant County Attorney , Clerk of the Board , County Manager when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 2-0 1 Li " A RESOLUTION CONCERNED WITH THE DENIAL OF A ROADWAY VACATION REQUEST FOR A PORTION OF COUNTY ROAD 106, SUBMITTED BY COLORADO ROCKY MOUNTAIN SCHOOL INC., LOCATED AT 1493 COUNTY ROAD 106, APPROXIMATELY 1/ MILE WEST OF THE TOWN OF CARBONDALE, IN SECTIONS 28 AND 33, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE 6TH P.M., GARFIELD COUNTY PARCEL NO. 2393-331-00-012 Recitals A. The Board of County Commissioners of Garfield County, Colorado (Board) received a Roadway Vacation request for a portion of County Road 106. The request was submitted by the Colorado Rocky Mountain School, Inc. (CRMS). B. The application requested vacation of that portion of County Road 106 running through the CRMS campus, approximately 1,223 ft. in length and 60 ft. in width as further described in attached Exhibit A (Property). C. The Property is located within unincorporated Garfield County approximately at 1493 County Road 106 and is an existing County Road right-of-way extending from County Road 108 north to a point of intersection with Dolores Way in the vicinity of the Satank 1 Li 1111 NC/ 11111 Reception#: 851137 07108f2014 03:25:29 PM Jean Alberlco 2 of 4 Reo Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO neighborhood. D. Requests for Roadway Vacations may be submitted to the Board of County Commissioners in accordance with Section 4-108 of the Garfield County Land Use and Development Code, as amended (Code). E. The Board is authorized to approve, deny, or approve with conditions a Request for Vacation of a County Road pursuant to Section 4-108(C). F. The Garfield County Planning Commission (Commission) opened a public hearing on February 12, 2014 for consideration of whether to recommend to the Board that the proposed Roadway Vacation request should be granted or denied, during which hearing the public and interested persons were given the opportunity to express their opinions regarding the request. The Commission closed the public hearing on the 12th day of February 2014 and formalized a recommendation to the Board for denial based on the Review Criteria contained in Section 4-108 (C), including without limitation, criteria 4-108(C)(3). G. The Board opened a public hearing on May 5, 2014 for consideration of whether the proposed Roadway Vacation request should be granted or denied, during which hearing the public and interested persons were given the opportunity to express their opinions regarding the request. The Board continued the public hearing to June 16, 2014. H. The Board re -opened the continued public hearing on June 16, 2014 during which hearing the public and interested persons were given the opportunity to express their opinions regarding the application. 1. The Board closed the public hearing on the 16th day of June, 2014 to make a final decision. J. The Board, on the basis of substantial competent evidence produced at the aforementioned hearing, has made the following determinations of fact: 1. That proper public notice was provided as required for the hearing before the Board of County Commissioners. 2. That the hearing before the Board of County Commissioners was extensive and complete, that all pertinent facts, matters and issues were submitted or could be submitted and that all interested parties were heard at that hearing. 3. That for the above stated and other reasons, the Roadway Vacation request for the Property has been determined to not be in compliance with the Review Criteria contained in Section 4-108(C) of the Code. 2 1111 raschlifi',Mei, IIJJwii IYki' IIM11'SI.Aivh 11111 Reception#: 851137 07/08/2014 03:25:29 PM Jean Alberico 3 of 4 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO RESOLUTION NOW THEREFORE, BE IT ]RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that based on the determination of facts set forth above, including without limitation, a determination of a failure to provide a satisfactory alternative route pursuant to Section 4-108(C)(3) of the Code, the Roadway Vacation Request, RVAC-7772, submitted by Colorado Rocky Mountain School, Inc. for the Property is hereby denied. Dated this 7 day of 2014. ATTEST: Cl of the Board GARFIELD BOARD OF COUNTY MMISSIONERS, GARFIELD ' OLORADO Upon motion duly made and seconded the following vote: oing Resolu ' on w: s adopted by he COMMISSIONER CHAIR JOHN F. ` TIN , Ay COMMISSIONER MIKE SAMSON_ ' ye COMMISSIONER TOM JANKOVSKY , Nay_ STATE OF COLORADO ) )ss County of Garfield ) I, , 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 Proceeding of the Board of County Commissioners for said Garfield County, now in my office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at Glenwood Springs, this day of , A.D. 20 . County Clerk and ex -officio Clerk of the Board of County Commissioners 3 11ii l rdrJNtPkGIikUyti, kv:>a hial UN Willi 1l U Reception#: 851137 07/08/2014 03:25:29 PM Jean Alberico 4 of 4 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO EXHIBIT A Legal Description CR 106 CRMS Vacation A portion of Garfield County Road g106 being a strip of land Sixty (60) feet in width situated in portions of Government Lot 15, Section 28 and Government Lot 3, Section 33 all in Township 7 South, Range 88 West of the 611` Principal Meridian, all in Garfield County. Colorado and more particularly described as follows: Said Strip of land being sixty (60) feet in width with thirty (30) feet lying on each side of the following centerline description, the exterior lines of said strip are to be shortened or lengthened to form a continuous strip exactly sixty (60) feet in width: Beginning at a point on the centerline of said County Road #106 also being a point on the nortlierly limit of the County Road # 108 right-of-way from whence the S1/4 Corner Section 28 bears N06°50'08"E a distance of 1084.18 feet; thence the following three (3) courses along the centerline of said County Road #106, N24°01'11"W a distance of 316.30 feet; thence 126.69 feet along the arc of a curve to the right having a radius of 300.00 feet a central angle of 24°11'49" and a subtending chord bearing N 11°55117"W a distance of 125.76 feet; thence N00°!0'37"E a distance of 917.07 feet to a point on the southerly limit of that right- of-way as described in Book 681 at Page 692 from whence said S 1/4 Corner Section 28 bears S48°02'43"E a distance of 377.76 feet, said strip of land contains 1.89 acres more or less. 4