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4.0 Correspondence & Supplemental Submittals
B&G BALCOMB & GREEN, P FULL. SERVICE LAW FIRM SINCE I��. . March 26, 2014 Via Hand Delivery Garfield County Community Development Glenn Hartman 108 8th Street, Suite 401 Glenwood Springs, CO 81601 CIAO J. LEE, ESQ. Direct Dial Q70928 fr4r,ci Recr2pticii Q7094ctiC4t. clee(iPbalcjmbc reen corp . Re: Colorado Rocky Mountain School Vacation of a County Roadway Request (File RVAC-7772) Dear Glenn: This letter is confirmation that Colorado Rocky Mountain School (CRMS) has requested the cancellation of the April 7th public meeting on its application for a vacation of a portion of County Road 106, as well as for the appeal of its location and extent review. The public notice for the location and extent appeal for the April 7th meeting is not yet complete, and we do not intend to take any further actions to notice an incorrect meeting date. Based on conversations with you and the Assistant County Attorney, we understand that the County will cancel the April 7th hearing and remove CRMS from the Board's agenda. We will re -notice both hearings for the May 5th BOCC meeting. Please let me know if your understanding is differs. We look forward to presenting our requests to the BOCC at its May 5th meeting. Mailing Address Very truly yours, BALCOMB & GREEN, P.C. By Glenwood Sprin ,li,+rnh Chud'f Lee E-mail: clee@balcambgreen.com s Office Aspen Office lit=:; r • :_' Ad Name: 9995209A Customer: Balcomb & Green Your account number is: 1001205 PROOF OF PUBLICATION THERIFLE n . N TELEGRAM STATE OF COLORADO, COUNTY OF GARFIELD I, Jim Morgan, do solemnly swear that I am General Manager of The Rhe Citizen Telegram, that the same weekly newspaper printed, in whole or in part and published in the County of Garfield, State of Colorado, and hasageneral circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Garfield for a period of more than fifty- two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement; that said newspaper has been admitted to the United States mails as a periodical under the provisions of the Act of March 3, 1879, or any amendments thereof, and that said newspaper is a weekly newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said weekly newspaper for the period of 1 consecutive insertions; and that the first publication of said notice was in the issue of said newspaper dated 316/2014 and that the last publication of said notice was dated 3/6/2014 the issue of said newspaper. In witness whereof, 1 have here unto set my hand this 03/11/2014. Jim Morgan, General Manager Publisher Subscribed and sworn to before me, a notary public in and for the County of Garfield, State of Colorado this 03/11/2014. My Commission Expires 1111112015 Pamela J.. hultz�ublic My Commission expires: November 1, 2015 PUBLIC NOTICE TAKE NOTIE That the Colorado Rocky Mountain School Inc. RMS} has submitted an Application to the Garb d County Board o/ County Commis- sioners for acation of a portion DI County Road 106 pursue t to Section 4-106 al the Garfield County Land Use and Development Code. The designated opresentative5 are Michael McCoy, President C MS, Larry Green and Chad Lee. Bal - comb 8 Gre PC. i -See Atloahed Exhibit A which in- cludes a ripton of the County Road 106 Right of Way requ sled l0 be vacated. Practical Descriolion:That porton of County Road 106 running hrough the CRMS campus. approxi- mately 1,22 11. in length and 60 ft. in width. It is located in Ih general vicinity of 1493 County Road 106. Il extedds north from County Road 108 to a point of intersection with Dolores Way in ;he vicini- ty of the SatTk neighborhood. Description Of neat/est: The proposal is for the va- cation of that portion of County Road 106 that runs through the CRMS campus. The right-of-way was closed to vehicular use in 1979 and is used today for pedestrian and bicycle purposes. Alternative vehicular access and pedestrian access is pro- posed along Dolores Way, a portion of which is lo- cated in unincorporated Garfield County and a por- tion of which is located within the Town of Carbondale. The Property tS zoned Rural (R). All persons affected by this action are invited 10 appear and state their views, protests or support. 11 you can not appear personally al such hearing, then you are urged to state your views by letter, as the Board of County Commissioners will give con- siderahon to the comments 01 surrounding proper- ty owners, and others affected, in deciding wheth• er to approve. approve with conditions or deny the Roadway Vacation request. The Application may be reviewed at the office dl the Garfield County Community Development Department located at 108 6111 Street, 4th Floor. Suite 401, Garfield County Plazp budding, Glenwood Springs, Colo- rado behveerri� the hours o1 8:30 a.m, and 5:00 p.m., Monday Inratlgh F nday. This public baring has been scheduled for April 7, 2014 at 1:00 p.m. which will be held in the County Commissioners Meeting Roorn, Garfield County Plaza Builthrig 108 8th Street. Glenwood Springs, Colorado. A resolution 10 vacate the subtect county road right-of-way will be presented at the hearing. Community Development Department Garfield County EXHIBIT A Legal Description CR 106 CRMS Vara. on A portion ol arfield County Road 8106 being a strip of land Sixty (60) lee/ in width situated in por- tions of Gov rnmenl Lot 15, Section 28 and Gov- ernment Lot , Section 33 all in Township 7 South. Range 88 Westof the 6th Principal Meridian, all in Garfield Coynty. Colorado and more particularly described as follows: Sall Strip of and being sixty (60) feet in width with thirty (301 feet lying on each side ol the fallowing centerline description, the exterior lines of said strip are to be shortened or lengthened to form a contin- uous step exactly sixty 6601 feet in width: Beginning al a point on the Centerline of Said County Roan 8106 also being a point on the north- erly limit oI the County Road 0 108 right-of-way from whence the 5114 Corner Section 28 bears N06`50'08"Edistance of 1084.18 feet: thence the following three )3) courses along the centerline of said County Road 0106, N24'01'111W a distance of 316.301861; thence 126.69 feel along the arc of a curve to the tight having a radius of 300.00 Teel a central angle of 24 •11'49` and a subtending chord bearing 1,111-56'17'W 55'17'W a distance oI 125.76 loot; thence N00 l0'37"E a distance of 917.07 Teel. to a point on the outnerty 110111 of that right-of-way as described in Book 581 at Page 692 from whence said S1/4 Comer Section 28 bears S48°02'43"E a distanced/ 377.76 feet. said strip of land contains 1.89 acres mere or less. Published in {9995209} he Citizen Telegram March 6, 2014. FIRESTORM. PREDICT. . PLAN. PERFORM. 0101,44 kilAgOW March 19, 2014 abdu�:__��. death tt�an ,.s sexual Wxgr$;+.a7.-4 Media Ern Terrorism ECO Arying 'adoes security 'sods EcIrtr .e Htac ,tity Met Suicide x3.f dlsa;rrn pornography threats ear ienyie Wori place V vuc c.vt Clot.d; chat roufett rrnnadaet X61 sexual a ,j ac Power a -Mge This document may include voluntarily provided business sensitive data that shall not be disclosed by E School. it shall not be duplicated, used or disclosed—in whole or in part. The data subject to this restric private and confidential. V2014 Firestorm Solutions/Firestorm Franchising, LLC —All Rights Reserved. J2014 Fiiesto mi° Saiuti ris /Flreytorn7 Franfhisinq, LLC --All Riv=ir.ts ;r.serr?d Background Colorado Rocky Mountain School has been in existence for over 60 years. During this time it has been a valued member of the .Carbondale community, which has grown up around it. In the beginning, the remote and bucolic setting of the school provided not only a beautiful place to educate the students who attended, but a margin of safety due to the rural setting. As the population of Carbondale, and the Aspen Valley, has grown, so have the risks associated with running the school. School safety is front and center in the minds of all school administrators, faculty, staff, students and parents. "Many Americans feel that schools should be the safest place our children can be, perhaps at times even safer than the homes in which they live." This quote from the Department of Homeland Security's Primer to Design School Projects in Case of Terrorist Attacks and School Shootings exemplifies the focus which our society places on school safety.' There is no single solution to making a school and the people who attend, safer. All roads lead back to 'preparedness,' which means understanding the threats and vulnerabilities, designing plans to prevent or mitigate threats, and then training people to know what to do when problems arise. The Colorado Rocky Mountain School has what is referred to as an "open campus". This means that there are no fences, gates, or other physical impediments to people entering the school property. What this does not mean, however, is that anyone has the right to enter the campus if the school chooses to limit that access. This is an important distinction to the issue which Firestorm has been asked to address. There is a public easement, allowing unfettered access, 24 hours a day, through the Colorado Rocky Mountain School campus. In the event that the school needs to activate any security protocol, such as lock down or evacuation, the school's ability to control or prevent unwanted exposure to its students, faculty and staff would be diminished. 1 Available at http://www.ct.gov/demhs/lib/demhsjbips07_428_schools.pdf This document may include voluntarily provided business sensitive data that shall not be disclosed by Firestorm Sotutions / Firestorm Franchising, LLC/ School. It shall not be duplicated, used or disclosed—in whole or in part. The data subject to this restriction is contained hereinabove and is considered private and confidential. r2014 Firestorm Solutions/Firestorm Franchising, LLC — All Rights Reserved. 2 This document may include voluntarily provided business sensitive data that shalt not be disclosed by Firestorm Solutions / Firestorm Franchising, LLC/ School. It shall not be duplicated, used or disclosed—in whole or in part. The data subject to this restriction is contained hereinabove and is considered private and confidential. 02014 Firestorm Solutions/Firestorm Franchising, LLC — All Rights Reserved, 3 Safety Ensuring the safety of the students, faculty and staff at the Colorado Rocky Mountain School begins with having an understanding of 'what can go wrong' and how to limit those threats. Having the ability to control access to a school's population is essential to building a preparedness program, not only for low probability events, such as school shootings, but many other issues that affect schools on a daily basis. The Department of Homeland Security's Primer to Design School Projects in Case of Terrorist Attacks and School Shootings states "The design of protective measures for reducing site -related school vulnerabilities is based on a number of strategies that also represent the core principles of an effective security policy. They comprise the principles of a layered defense approach to security, standoff, access control and a secure perimeter." Colorado Rocky Mountain School cannot fully embrace these principles, nor incorporate them into their security planning, with a public easement through the property. Schools across the country, and around the world, have been devastated by natural disasters, such as hurricanes, wildfire and tornados. Each year, schools are threatened by flooding, fires and winter storms. Communicable illness outbreaks, like meningitis, TB, MRSA, or even a pandemic flu, and man- made threats like sexual abuse, bullying, kidnapping, cyber -bullying, and identity theft must be addressed. Workplace violence, noncustodial parent kidnapping, and other violence perpetrated by individuals under restraining orders and other court ordered sanctions occur in schools on a regular basis. While school shootings are Very low probability events, they have extreme impacts, and could result in loss of life and extensive injuries. Notwithstanding the fact that the law of large numbers protects schools, every parent wants to know that this risk has been minimized. A review of the Colorado Rocky Mountain School safety and security protocols as well as the physical proximity of the current easement to the occupied portion of the school campus leads to the recommendation that the easement be extinguished. The current situation its a threat to the students, faculty and staff. Additionally, the brand and reputation of the school is significantly at risk. Every year in the United States, there are over 200,000 noncustodial kidnappings in the United States. Last year there were 30 deadly shootings in US schools. Schools around the country are examining how to limit access in times of emergency. The current easement running through the Colorado Rocky Mountain School campus presents an unreasonable and unnecessary exposure to campus occupants. Extinguishing this easement will present little or no hardship to any current user. During any campus emergency it is important that the Colorado Rocky Mountain School has the ability to limit access to its campus. Under the current easement arrangement, the school would not have the legal right, at any time, day or night, to stop any member of the public from accessing the campus. Whether the issue is one of violence, communicable illness, missing person, or any of the vulnerabilities facing schools today, it is mandatory that schools be able to control their campus. Currently, the school utilizes both lockdown and evacuation strategies as part of its overall preparedness. Both of these strategies are impaired by the existence of the easement. It should be obvious to any viewer that in a lockdown scenario, where there is a dangerous element on the campus, (active shooter, a noncustodial parent, a wild animal, or some other issue) the inability to exclude the public from the campus presents a real risk to the school community, law enforcement and first responders, not to mention the public itself. In the event of an evacuation, it is important that the school be able to control its methods of ingress and egress and not expose its population to unknown and uncontrollable elements. Around the world, terrorists and other violent perpetrators have utilized fire, bomb threat, and other similar strategies to This document may include voluntarily provided business sensitive data that shall not be disclosed by Firestorm Solutions / Firestorm Franchising, LLC/ School. It shall rot be duplicated, used or disclosed—in whole or in part. The data subject to this restriction is contained hereinabove and is considered private and confidential. ©2014 Firestorm Solutions/Firestorm Franchising, LLC —All Rights Reserved. 4 effectuate evacuations of facilities. This then allowed those individuals access to the population of that facility without having to enter. It is essential that the Colorado Rocky Mountain School have the ability to exclude the public whenever it deems necessary. The current public right-of-way creates an unnecessary risk to the school community, law enforcement, first responders and others. Furthermore, it gives those with ill intent a specific avenue and tool that they can use for their own purposes. Reputation How parents view schools and school security has changed dramatically in the last 15 years. This change has been brought on partially by changes in technology and by the way the media focuses on school related disasters. The Columbine school tragedy was a seminal event in how the US population views school security. Threats to students, faculty and staff have always existed. To this day, the worst incident of a school related violent event, took place in Bath, Michigan on May 18, 1927. 38 children and six adults were killed, and approximately 58 other people injured. The situation continues to go fairly unknown, however, as there was no Internet, social media or even national television coverage. Today, it is different. Everything is public, everything is covered instantly, and once a story makes the Internet it is permanent. In a competitive environment where the Colorado Rocky Mountain School is trying to attract new students, and build and maintain a strong brand and reputation, it is imperative that the school be able to show an awareness of its threats and vulnerabilities, and a plan to mitigate or eliminate those threats. A failure on behalf of the Colorado Rocky Mountain School to provide sufficient assurances to parents, and prospective parents, has the potential to cause irreparable harm to the brand and reputation of the school. No parent wants their child exposed to unknown risk and uncontrollable situations, In a recent study of parents who were looking at making educational decisions for their children, it was found that safety was a significant issue. Nearly 5O% of 962 survey responses show that improved school safety is a significant factor in choosing a private school (pg 1). School safety was the fourth most important factor (pg. 11). 53% responded that improved school safety was a reason for choosing a private school education for their children (pg 10). The report cites a separate study (pg. 24), in which researchers "found school safety was of primary importance to parents."2 The Colorado Rocky Mountain School is fortunate. It is a small, very close knit community where everybody knows one another including many of its neighbors. This intimate knowledge of the community provides tremendous protection. Behavioral risks and anomalies in that behavior are immediately recognized. The current easement allows unknown and uncontrollable elements to access the campus at will, 24/7. This is an unacceptable situation which can be remedied by vacation of the easement without any substantial harm to the greater Carbondale community. 2 http://www.edchoice.arg/CMSModuies/EdChoiice/FileLibrary/1031/Mare-Than-scores.pdf This document may include voluntarily provided business sensitive data that shall not be disclosed by Firestorm Solutions / Firestorm Franchising, ILO' School. it shall not be duplicated, used or disclosed—in whole or in part. The data subject to this restriction is contained hereinabove and is considered pnvate and confidential. *2014 Firestorm Soiutions/Firestorm Franchising, LE.0 — All Rights Reserved. 5 Firestorm Overview Firestorm specializes in emergency response, crisis management and communications, business continuity planning and overall disaster preparedness. Firestorm helps clients protect their employees, students, assets, revenues, reputation, and ultimately, the organization's mission and value for all stakeholders. One of the first major assignments Firestorm had in the educational arena was the crisis management support for Virginia Tech after the shootings. Since that time, Firestorm has worked with many schools, both private and public, Pre -K -12 and higher educations, to improve safety and security. Firestorm uses lessons learned from these engagements (as well as engagements in the corporate, manufacturing, mining, energy and other sectors) and an intense study of the planning, training and education that goes on worldwide, to provide its clients with information that is on the leading edge of "best practices". Firestorm's proven PREDICT.PLAIN.PERFQRle methodology leads to active participation by all levels and divisions within an organization. This involvement ensures ownership and active support of the overall planning process and, more importantly, facilitates familiarity with the plans and better coordination in the event of a crisis. Increasing awareness and obtaining agreement on the vulnerabilities, decision criteria, action pians, coordination, as well as execution, is critical to the success of any plan. Firestorm Capabilities & Expertise Firestorm Solutions, LLC, is a national leader in emergency response, crisis management, crisis communications, and THE FIRESTORM EXPERT COUNCIL workplace violence. Firestorm's library of intellectual property covers all aspects of business continuity, including emerging risks, such as social media risk, which are not normally considered by business -continuity planners. Firestorm was founded in 2005, and is owned 25% each by Harry Rhulen, James Satterfield, Suzanne Loughlin & Lancer insurance Group, Inc. It operates out of 18 locations throughout the country, in AL, CA, CO, GA, IL, NJ, NY, TX, DC, and WI. Firestorm is currently engaged in helping to keep hundreds of public and private schools (K- 12 and higher education), and tens of thousands of students, safer. This document may Include voluntarily provided business sensitive data that shall not be disclosed by Firestorm Solutions / Firestorm Franchising, LLC/ School. It shall not be duplicated, used or disclosed—in whole or in part. The data subject to this restriction is contained hereinabove and is considered private and confidential. ©2014 Firestorm Solutions/Firestorm Franchising, LLC —All Rights Reserved. 6 Firestorm principals and Expert Council members include some of the most knowledgeable individuals in the country on the topic of school and workplace violence, forensic and clinical psychology, threat assessment, security, safety and trauma. Their experience is hands-on, and the lessons that are shared are based on real life experiences handled by these experts. Firestorm has conducted hundreds of vulnerability assessments for schools (public and private, higher education, K-12), corporations (public and private), large and small businesses, non -profits, and government agencies. Firestorm's vulnerability assessment process incorporates proven techniques and strategies developed through hands-on experience garnered in crisis environments. Firestorm is also regularly engaged to perform behavioral risk threat assessments of individuals who exhibit behaviors of concern. Firestorm's principals have led threat assessment teams that include Forensic Psychologists and former law enforcement professionals, in evaluating the risk an individual poses. Where necessary, Firestorm works with the organization to manage risk and secure the facility or facilities and most critically, to guide the organization in its crisis communications and messaging to all stakeholders. Firestorm has rendered critical decision support to school administrators and trustees in the management of crises involving the following: Shootings Social Media Attacks Student Suicide Natural Disasters Child Pornography sr Inappropriate Teacher Student Relationships Sexual Abuse Drug/Alcohol Bullying/Cyber Bullying Sexual Harassment - Hazing Workplace Violence (employee on employee; student on student; employee on student; domestic violence) This document may include voluntarily provided business sensitive data that shall not be disclosed by Firestorm Solutions / Firestorm Franchising, LLC/ School. It shall rot be duplicated, used or disclosed—in whole or in part. The data subject to this restriction is contained hereinabove and is considered private and confidential. ©2014 Firestorm Solutions/Firestorm Franchising, LLC — All Rights Reserved. 7 Multi -disciplinary Background Firestorm has completed projects in all of the following subject -matter areas: Firestorm is currently working with, and has been engaged by, numerous independent and public school clients, from PreK-12 to higher education. The chart that follows shows the significant depth and breadth of projects which Firestorm has completed. This document may include voluntarily provided business sensitive data that shall not be disclosed by Firestorm Solutions / Firestorm Franchising, LLC/ School. It shall not be duplicated, used or disclosed—in whole or in part. The data subject to this restriction is contained hereinabove and is considered private and confidential. ©2014 Firestorm Solutions/Firestorm Franchising, LLC – Ali Rights Reserved. S PREDICT: Classify critical vulnerabilities, identify key emergency personnel, ascertain critical decision processes, analyze gaps, identify infrastructure and supply -chain needs; and define communications requirements. PLAN: Develop the strategy; construct the overall plan, involve the appropriate personnel to assure their ownership and commitrrient. PERFORM: Establish protocols for implementation, community involvement, communications, test exercises, audits, reviews, updates, and compliance. 1 Business Continuity Assessment 1 Business Continuity 1 Crisis Communications 1 Benchmark/Gap Analysis ✓ Communicable Illness 1 Crisis Management ✓ Business Impact Analysis ✓ Continuity of operation ✓ Education & Training ✓ Compliance Review V Crisis Communications 1 Emergency & Preparedness I Monitoring • ,' Crisis Management Supplies V Red Flag/Identity Protection V Disaster Recovery (IT) 1 Exposure Mitigation p ' V Risk Analysis ✓ Emergency Planning ✓ Monitoring V Social Media Risk ✓ Message Mapping 1 Program Management V Stru#ural Assessment 1 Red Flag/Identity Protection 1 Reputation Management ✓ Threat Analysis V Security 1 Staff Augmentation ✓ Vulnerability Analysis V Social Media Risk 1 Risk Management ✓ Supply Chain Risk 1 Test Exercises I Workplace Violence Firestorm is currently working with, and has been engaged by, numerous independent and public school clients, from PreK-12 to higher education. The chart that follows shows the significant depth and breadth of projects which Firestorm has completed. This document may include voluntarily provided business sensitive data that shall not be disclosed by Firestorm Solutions / Firestorm Franchising, LLC/ School. It shall not be duplicated, used or disclosed—in whole or in part. The data subject to this restriction is contained hereinabove and is considered private and confidential. ©2014 Firestorm Solutions/Firestorm Franchising, LLC – Ali Rights Reserved. S lia al+ -.11 3:°"5:;;• 70. L, lloual 1r ` ;,rt+:k' L irg_ �R t_+` Large 40,000 -Student, Multi -campus, Suburban Community College Conducted Benchmark Gap Analysis of continuity, security, and emergency plans; provided training, test and exercise. 1 year Large, Urban, Private 'University Conducted Risk and Vulnerabilities Assessment; planned and conducted training including full exercise scenario with first -responder coordination, incident -response team, and crisis management. 1 year + Major State University • Hired by president in the aftermath of the worst episode of workplace violence in U.5. history; analyzed plans; performed crisis communications and media management; developed messaging and message maps; set up call center; interfaced with media. 1 month Urban, Medical College with Teaching Hospital Developed/administered emergency preparedness training and tabletop exercises (including Active Shooter and Bomb Threat/explosion), covering dozens of buildings facing multiple risks 2 years Large SUNY University, NY Conducted Crisis Communications Plan- Gap Analysis 2 months Private University, Baltimore, MD Conducted Crisis Management Response services- student on student violence (resulting in death); volatile public relations/media exposure 6 months Large, Suburban State College Performed benchmark/gap analysis of security, pandemic, crisis communications plans, processes, and procedures; completed site inspection of campus and interviews with key administrators 4 months Independent School, CT Performed Risk Assessment(Document review of Emergency Response and Crisis Management Plans, Site Assessment, Interviews, Findings Report, Presentation to Board of Trustees) 6 months, ongoing Public School District, NY • Developed and delivered Emergency Response Training and Home Preparedness Training - faculty, parents, students, staff 3 months Large Independent school, Hawaii- 3 campuses; 37 pre- schools Develop Crisis Management Plan, Business Continuity Roadmap aligned with NFPA 1600; Conducted Risk Assessment; Benchmark/Gap Analysis of Emergency Response Plans; Designed and delivered training to CMT, IRTs, ERTs; Currently engaged to develop Crisis Communications Plan, Emergency Response Guide for Third Party Property Managers 1 year + ongoing Religious independent K- 12 school, Miami FL. _ Crisis Management and Crisis Communications Response- sexual abuse allegations; student suicide; Development of Message Maps and Media Training 6 months + Independent Day School, Jacksonville, FL Performed Risk Assessment in wake of shooting of staff member (Document review of Emergency Response and Crisis Management Plans, Site Assessment, Interviews, Findings Report, Presentation to Board of Trustees) 3 months + ongoing independent Boarding School, CT Worked with family and school to design Suicide Prevention and Concussion Risk Management Program, following death of student by suicide. 1 year + ongoing Independent Day School, Atlanta, GA Performed Risk and Vulnerability Assessment and Security Assessment; developed and implemented school -wide workplace -violence prevention program; provided Crisis Management Team training and test exercises. 3 months Large Public School District, CO Currently working with one of the largest public school districts in Colorado on workplace -violence prevention strategies, crisis and media management. 1 year + ongoing Prestigious, Independent, Private Boarding School, CT Assisted with managing a social -media -networking incident that was potentially damaging to the brand and reputation of the institution; performed Risk and Vulnerability Analysis, conducted media training of senior leadership and spokes -personnel, monitored all media outlets, and worked with client to develop key messages and message maps. 2 months This document may include voluntarily provided business sensitive data that shall not be disclosed by Firestorm Solutions / Firestorm Franchising, LLC/ School. it shall not be duplicated, used or disclosed—in whole or in part. The data subject to this restriction is contained hereLnehove and is considered pnvate and confidential. 02014 Firestorm Solutions/Firestorm Franchising, LLC -Al! Rights Reserved. 9 This document may include voluntarily provided business sensitive data that shall not be disclosed by Firestorm Solutions / Firestorm Franchising, LLC/ School. It shall not be duplicated, used or disclosed—in whole or in part. The data subject to this restriction is contained hereinabove and is considered private and confidential. 02014 Firestorm Solutions/firestorm Franchising, LLC -Ail Rights Reserved, 10 Individual Experience /Bit) Name: Harry Rhulen, Esq. Title: Founder and Harry Rhulen is the Chairman/CEO of Firestorm. A former public company CEO, and an attorney, Harry serves as a trusted advisor who brings critical decision support to many public Chairman/CEO, Firestorm company CEOs, school superintendents, and government officials. Project Team Leader Expertise Relevant to identified Requirements: Harry brings unmatched hands -an crisis management expertise to the table- with a particular emphasis on crisis communications and media response. Harry has provided media training to public t 1,11,FRGC ' Risk Management, Crisis Management, Business company CEOs, school superintendents, emergency management directors, school administrators, and many other business and a 7 Continuity,Emergency Response, g y p government s okes ersons, to ensure that "the talc spokespersons, way they iF s I. r., ,;: ++If xIc x Threat Assessment, Crisis Communications & Media about the crisis doesn't become their next crisis." ry Training, Consequence Harry is co-author of Disaster Ready People ForA Disaster Ready Management, Crisis Response America. Based in: Denver, CO This document may include voluntarily provided business sensitive data that shall not be disclosed by Firestorm Solutions / Firestorm Franchising, LLC/ School. It shall not be duplicated, used or disclosed—in whole or in part. The data subject to this restriction is contained hereinabove and is considered private and confidential. 02014 Firestorm Solutions/firestorm Franchising, LLC -Ail Rights Reserved, 10 Reception Na lrecorded ak..15 31,I9�[� n❑ R rdrtz. ;�. o'clock.... _M. MARI 1984..,, ..., 'fog DSD,; &hda this. :-: 1.411, . day of ip 81Ike-ween ` • CotanDo ROCKY MOUNTAIN SCH •t L INC... tfan (114 nigarsized and e+:istais; under andt+y,r{rate b['ttre Saws c f llte'Stote of Colorado of the first gait; and :filiE BOARD .OF ,COUNT'I-COW'SSTONERS- OF .GARFIELDCOUNI?, C0L.ORRliDO iiso.in ala. e sis':Carfielcl County�Cattrt:hciisae, caeuwood..: rrings ,.ol.nrado . _ e - County of .. •, Gari4eA7.d . :':and (Stats of Cc] o=ado , of the second porta Re.e rdas's Starry k)0l 645 rdcv96Z GARfIE BUN! Late; Fee WIT\°ESSETH,That' the an:d party ofhe in pati far and iri onghtn gtion.of the suns of Ten Dol.7.ars and., ot=her good and naliiable eonnsideratiori - • in the Bald paitri. of thr first part in hand paid by the said path y of the loco ti part, the receipt whereof is here b. enfessed anti nrl.rouledged, hath gsantetl; Lara,ained sold aid:coir,�eyed t+y and [hese tresents doth grant, succe • gain, sell, conimv and coif"avia pato the mid party ' '.,af clic sewed- part ;ts ara:and nssigns,for- • ever, all of the foliax•rng desersiied Int' or parcel of land slue, lying and dieing litho County of Garfield • and Stats, of Crrlorado, to tt iti: •SFS EX EIBIT ;A,: •ATTACIIED SERgrci ANp INCORPoRATEp "HEREINN•BY.•TiiI§,'REFERENCE Itis hereby agreed, by party• of the second: part's acceptance -hereof, that that` •above—described property is to be;aaed forroad purpaaescniy bythe mesiberti of the general.' public arid' that whet}eper it shall: cease to••b°e so°used, the said property' ®IrA11 revert, to the party of " the f d:r®t: part;' its. slac cesgors and assigtta. T0GEl`HEiR !kith.: all -and •sing.iat the' hereditasrtaate rand appurtenances thereunto belonging, or in anywise pertaining, and the rcvira on . it •aoyeietotte,. iemaiadeia, routs, innoes arid profits thereof; and all the estate, nt ;lit,, title tntereet, Oaim. ii id•demand yvhatsoeyer of the said party of the first putt, "either hi law or equity, of, in" aid to the sbvvebargained•pretsiises with, the heradltarnenta and appurtenances. ' To F1AyE.A-yin To. HOLD the said prairtiies above bei wined and described. with the.appnrtenenco. unto •the anecesga�rsF • aaiii,part y . of the aexond part , its. 1 Xsrand assignor fore:err. And the said Colorado' - ltOciey`; foiiataim School, Inc... . party oL thr first ion; for itself, itn,sateeasora; doth'cavenant, gt'iont,:bargain; and agree to and ■with -•the said party ' . of the second past, its '3tn eosors sand asslgna;.that at the tine of. -the epecnling a _ed .delivery of these'pr'esent! it, is.Iwell awned of the prem, ise.e above conveyed as of a good, sure, perfect; absolute and. indefeasible :estate ef Inheritance; in law, in. fee sim•ple, and hntti;good right, full pos�-er sod lawful authority to grunt, bargain, sell and convey the seine. fo rearioer and' -form aforasaid,"and that the mate are free, and e1ear.from all former and -other ,grants, bargains;. said hens sexesssmeote and geitmbiancec of whatasorkinder 'native !never; except •as det forth ort Aisbibit hereto"and r iadarporated'hgreia by-thi$ reference. and the shopawed .premises in the *let d peace able posseea on cf the said.part y of the second Bert !woes!! it.:st itnd warp.!, against all:ar;d every person or persons laivfally c aioiing_or. to stain. the whale or stisf part theteuf the aatd:party of the first part slia1l cud will WART .N'i 4ND FOREVER D>r BND, IN WIrhJ S W1 EREW The. said partv'af the first part hath cin•e ed its corporate risme to he hcreanto aubsetibed by its'. - -Freaident end ifs cdrporate'geal'fo be bei snafu tifaixed (pleated by lin Secretefy the day; and yeas fit st *hove wi4Unn Attu /J .:: t OFADfi ROCKY. • - , . • IN SCRQOL, INC, is virigfit S"77'4,.'..,i.. '.bleed Caligaoti, C irmei ; Thi fsregoing ins tr9 elenb w e acknewi ,lgc1 before:nie y Yong icngricn �s'ktight a3 of _Trustees of t �J day of ,J Chairatan arada Rocky -1,10..Intra School; tit notatielcotmuzpaienexpires' • Wi Jay lid end effIetaf nas<• XIGONEgig and -Secretary of a corporation, —.AO yl+ 19* :C,e his r 042. EXHIBIT FM 645 raG€ 963 A :tract :o-F;land situated .i n the S 3'of Section 28, Township 7 South, Range 88 .WEst of the 6th P.N., Garfield.County, Colorado, being more particularly described as 'follows; • Beginning at` a brass cap foundin pl a;;e for the -intersection of the centerline of Mesa Avenue in, the Townsite of Ccoperton and. the Southerly'- boundary line of the Amended Plat of the Townsite of Cooperton, Garfield County, Colorado as ,AA6 51il filed with the Clerk and ,Recorder of Garfield County as Reception .No. 280258; 'P thence N 89°22'00"" W. 30.00 feet .along .the Southerly boundary- line of said Te;CCfY •Toavnsite of Cooperton; thence,236.16 feet along the arc of a 257.49 foot radius cu!-ve to the left, the, chord of which bears S. 25°38'30" E. 227.97 feet; .'thence S. 51°•55'00" E.•173.07•feet; . thence 356.29 feet along the arc of a 530.00 foot radius curve to the left, the Chord ofwhich bears S. 71°10'30" E. 349.62 feet; thence N. 89°34'00" E. 329.78 feet to a point on the Westerly boundary line of the Town of Carbondale, Colorado; thence N. 00°25'59''. W: 60.00 feet along the. Westerly boundary line of said Town of Carbondale;, ' thence S. 89°34"40":W. 329.78 feet; thence 315:.95 feet along the arc of a 470.00 font curve to the right, the chord of which bears N. 71°10'30" W. 310:04 feet; thence N. 51°55'00" W. 173.07 feet; •thence 181:13 feet along the arc of 197.49 foot radius curve to the right; the chord of which bears N. 25°38'30" W 174:85 feet to a point on,tne Southerly • boundary line of said Townsite of Cooperton thence N. 89°22'00" W. 30.00 feet along the Southerly boundary line of said Townsite of Cooperton to the point of beginning.. BOOK 645 F&GE964 -• .EXHIBIT B' . Right. of the •proprietor of a vain, or lode to extract and remove `'his'ore ,theref•roM, should i. the same be .found to penetrate or; intersect ,the -premises hereby, granted as reserved in.,tJnited :Stags 'Patents as follows t ' Re'coided -Bvok/Page Reception No April'4#'1892 • '.:12/12.5 13741 Noveltber -6, :1893 .12/252 16486 • Right of way .for . ditches or canals constructed . by the authority :of 'the_ United States as reserved .in United States Patents as. follows Recorded- Book/Page Reception No. April 44;1892 12/125 13741 . NOvam3her, 6, 1893 . 12/252 16486 • •Undivided ane? -pelf interest in all oil, gas and other miiner^ais as- re a irved ,by Frank E. Kistler and Leana 0. Kistler ia.the.:Deed to Harald Pabst recorded February 28, 1948 as ".Reception.No. 163910,-ana:any and all assignments thereof, cr.interests therein: - . ' '401•• minerals, ,gas. -and oil, as reserved by Harald Pabst in the feed .to ,R: 0 .Pride'aux, II and Audrey' F.. Prideaux recorded•,in Book:2b5 -at:Fage..132. as Reception`No. 180006, and ;any and -all.` assignments thereof, or interests therein. Right-of-way'for'the Rockford' -.Ditch as shown on Survey :.dated November3, 1980'41y' Sydney Lincicome, L.S. 14111. ook 344 L. QS.�P Oct 5 1962 Recorded ut..li_ Reception No.. 21 Q991 Chas. S. Keegan . Recorder. age 436 Tms ORM, made this 6 th day of September to the year of our Lord ono Hamad eke hundred and eixry-two , between COLORADO HOOKY MOUNTAIN SCHOOL, INC. a toryoration duly Organised and iodating ender and by virtue of the Iowa of the State of Colorado, of the That part, and BOARD OF COUNTY COHNISSI0NE S OF GARFIELD COUNTY, mUler COLORADO, titatackxnet hof the second part, 1Y TNBJSETN, That the said party of the first part, for and in eoesidoxation at the aura of One Dollar and other good and valuable considerations lotetgamtst to the :Rid party of the first putt in hand paid by the maid part y of the second port, the receipt whereof is hereby conferred and acknowledged, hath remised, released, sold, conveyed and QUIT CLAIMED, and by these prem. eats doth remise, release, sell convey and QUIT CLAIM unto the said part y of the second part, it successor 0:DeIt and assigns forever, all the right, title, interest, claire end demand tallish the saki party of the first part hath in and to rho following described real property situate, lying and being io the County of Garfield and State of Colorado, to -wit: A tract of land situated in Lot 3, Section 33, T. 7 S., R. 83 W., of the 6th P.H. and more fully described as follova: Beginning at a point on the Southerly rine of the present County Road 'whence the South Quarter Corner of Section 34, T. 7 5., R. 88 W. of the 6th P.M. bears S. 54°32' E. 7629.75 feet; also, the Monument at the intersection of Main Street and 4th Street bears S. 64°46' E. 6310.07 feet; thence N. 78'24' E. 129,10 feet along Southerly line of Road; thence N. 77°34' E. 219.40 feet along Southerly line of Road; thence N. 78'30' E. 412.19 feet along Southerly line of Road; thence 5. 53°00' E. 115.63 feet along Southerly line of Road; thence 5. 26°27' E. 106.50 feat along Westerly line of Road; thence N. 50°40' W. 160.06 feet; thence 8. 82°33' W. 637.84 feet; thence S. 85°54' W. 128.49 feet to the point of beginning. Containing .77 of en acre, more or leas. TO HAVE AND TO BOLD the same, together with all and singular the appurtenances and privileges thornnnia belonging, or in anywise thereuatn apperti ning, and all the estate, right, title, interest and claim whatsoever, of the said party of the first pork either in law or equity, to the only proper use, benefit and behoof of the said part y f. fi •s d part, its '�f assigns /cravat. {N. plaNOSS,SYIiENROP, . said party, of the first part hath caused its corporate name to be hereunto ,•..141;1 444111,,, iAs' 't President, and its corporate seal to he hereunto affixed, attested by its Re i°dn '3 daY amid year above written. latest a°..r°s. y, mono • COLORADO ROCKY i UNTAIN SCHOOL INC r STATE OF COLORADO, ot._G.Mj2_—_.y....} sa. The foregoing instrument was acknowledged before ane this 5th 19 62, by JOHN 8. ilOLDEN . CEO Si. .ST ICyER .t C. L v�'CQLORADO ROCKY 3'IOUNTAIN SCHOOL, INC: 75ti no �, pItii5e,iii feaion expires July 29, 1965. .Wi tc ii Ott Aaitd official meal. day of OcLrsber .: ea President and as Treasurer $roodtectof a corporation. ^ ,• Harary Pubo No. 148 -Ii. QUIT MAIM paeq.--ee,v...1km para. —•n milord-no6;mon rte. C.., Myra. Re6lnear'e tees! Moak. te_;w{a Stout Et., n.a,ser, Coloredo, GARFIELD CD LINTY PLANNING DEPARTMENT GLENWOOD 5PRINi3S1 COLORADO 91601 2014 BLAKE AVENUE PHONE 945-8212 December 13, 1977 MEMO TO: Board of County Commissioners FROM: Planning Department 7 Q LJ SUBJECT: CRMS Request for Road Vacation On inday, December 12th, the Planning Commission net and discussed the request made by the Colorado Rocky Mountain School for vacation of a portion of County Road 106 where it passes through the school property and the further proposal of dedication of a new County road alignment by CRMS. After considerable discussion the following actions were taken by the Planning Commission. Dick Martin moved that the Planning Commission recommend to the Board of County Commissioners that they consider the proposal to vacate that portion of County Road 106 as presented in the CRMS application. John Tripp seconded the ration. The notion carried unanimously. DaIe Albertson then :Waved that the County Planning Commission recommend to the Board of County Comrrrissioners that they consider the dedication of a new alignment for a County road as presented by CRMS subject to the expense for construction of the new segment of County road being borne by a party other than the County, and further, that the present alignment of County Road 106 which would be vacated be kept open by easement fox emergency vehicles and historic cattle movement. Dick Martin seconded the mtion. The motion carried unanimously.. RAW/ka y A LETTER AND PETITION TO THE GARFIELD COUNTY COMMISSIONERS ANO THE TOWN F °r CARBONDALE TRUSTEES JUN 19$6 Dear Commissioners and Trustees_ Several years ago, during the waning months of The Big Boom, t eOTYClolorado COMMISSIONERS Rocky Mountain School was permitted to close off and tear out an 800 foot long segment of County Road No. 106 in exchange for the granting of a right-of-way and the constructing of a new road across their land linking State Highway No. 133 with the then -newly created "end of County Road No. 106. The result of this action has been very disappointing and very frustrating. While the Colo- rado Rocky Mountain School still gets the tax free benefit of the comparatively excellent old road to town, the residents of Cooperton and others using what is left of County Road No. 106 have been forced to "detour" onto a road that has never been completed and that has now disintegrated into a primitive, poorly drained, pot -holed, dusty, loose -gravel track. We the undersigned hereby respectfully request that either this new road be fixed with good drainage and good pavement, or that if possible, the old route be reopened. NAME: Ate. -�..�r lr ADDRESS: aek6 / C'Ce r� hr7/6 --ec � ; C L 53 e, 0.4 AP 3-7 eA La ff75 f A/ 133 Cc"- 'c_ & /Vd \ 0 c.) 3 . E le-/V:t 4 LL t\ci 6,v7, -A) _ ,74 (1,0A/wHi A LETTER AND PETITION TO THE GARFIELD COUNTY COMMISSIONERS AND THE TOWN OF CARBONDALE TRUSTEES Dear Commissioners and Trustees: Several years ago, during the waning months of The Big Boom, the Colorado Rocky Mountain School was permitted to close off and tear out an B00 foot Iong segment of County Road No. 105 in exchange for the granting of a right-of-way and the constructling of a new road across their land Linking State Highway No. 133 with the thennewly created "end" of County Road No. 106. The result of this action has been very disappointing and very frustrating. While the Colo- rado Rocky Mountain School still gets the tax free benefit of the comparatively excellent old road to town, the residents of Cooperton and others using what is left of County Road No. 106 have been forced to "detour" onto a road that has never been completed and that has now disintegrated into a primitive} poorly drained, pot -holed, dusty, loose -gravel track. We the undersigned hereby respectfully request that either this new road be fixed with good drainage and good pavement, or that if passible, the old route be reopened. NAME: ADDRESS: �a r Oh t 0 7-tscpf-- g'l L,2 It ,moi E 0 Yr,' , c A..e ! ( h►,.,.. ..-- co "2 3 A LETTER AND PETITION TO THE GARFIELD COUNTY COMMISSIONERS AND THE TOWN OF CARBONDALE TRUSTEES Dear Commissioners and Trustees: Several years ago, during the waning months of The Big Boom, the Colorado Rocky Mountain School was permitted to close off and tear out an 800 foot long segment of County Road No. 106 in exchange for the granting of a right-of-way and the constructing of a new road across their land linking State Highway No. 133 with the then newly created "end" of County Road No. 106. The result of this action has been very disappointing and very frustrating. While the Colo- rado Rocky Mountain School still gets the tax free benefit of the comparatively excellent old road to town, the residents of Cooperton and ethers using what is left of County Road No. 106 have been forced to "detour" onto a road that has never been completed and that has now disintegrated into a primitive, poorly drained, pot -holed, dusty, loose --gravel track. We the undersigned hereby respectfully request that either this new road be fixed with good drainage and good pavement, or that if possible, the old route be reopened. NAME: r���� tit V /, tC� mit. we / / e ADDRESS: f /O .) 6 /o6 [Hca C?q4-1L-1 �.>��� Qixsar rcc/o 4/79 illerzei. UtAph 4/77 itc40., C rt w igcc t . 75--67 � d � r,F,;(2,:/-2 _ /0 y'/6 t‘ rr C D ryltAph sCa r r e S�br. c tzt e C pr eve S i ; 4 c .- ''/ ,0 0 A LETTER AND PETITION TO THE GARFIELD COUNTY COMMISSIONERS AND THE TOWN OF CARBONDALE TRUSTEES Dear Commissioners and Trustees: Several years ago, during the waning months of The Big Boom, the Colorado Rocky Mountain School was permitted to close off and tear out an 800 foot long segment of County Road No. 106 in exchange for the granting of a right-of-way and the constructing of a new road across their land linking State Highway No. 133 with the then -newly created "end" of County Road No. 106. The result of this action has been very disappointing and very frustrating. While the Colo- rado Rocky Mountain School still gets the tax free benefit of the comparatively excellent old road to town, the residents of Cooperton and others using what is left of County Road No. 106 have been forced to "detour" onto a road that has never been completed and that has now disintegrated into a primitive, poorly drained, pot -holed, dusty, loose -gravel track. We the undersigned hereby respectfully request that either this new road be fixed with good drainage and good pavement, or that if possible, the old route be reopened. AI3DR S: I6vYIV.: d i'Dr5W 9, Nut. fOf' 5,f - d 57 4 ' . a .11.-115 � z2 0/60 %inc A LETTER AND PETITION TO THE GARFIELD COUNTY COMMISSIONERS AND THE TOWN OF CARBONDALE TRUSTEES Dear Commissioners and Trustees: Several years ago, during the waning months of The Big Brum, the Colorado Rocky Mountain School was permitted to close off and tear out an 800 foot long segment of County Road No. 106 in exchange for the granting of a right-of-way and the constructing of a new road across their land linking State Highway No. 133 with the then -newly created "end" of County Road No. 106. The result of this action has been very disappointing and very frustrating. While the CoIo- rado Rocky Mountain School still gets the tax free benefit of the comparatively excellent old road to town, the residents of Cooperton and others using what is left of County Road No. 106 have been forced to "detour" onto a road that has never been completed and that has now disintegrated into a primitive, poorly drained, pot -holed, dusty, loose -gravel track. We the undersigned hereby respectfully request that either this new road be fixed with good drainage and good pavement, or that if possible, the old route be reopened. NAME: rr .fir, 4 FA 101 ADDRESS: (06e/ 05N f‘Z-(y �aeis/'I/2,g 464 atn c 99( C -i) kC)f c I1/ S KLA rte.. kli ;f 7d e, X3.7 So, i e. -z A LETTER AND PETITION TO THE GARFIELD COUNTY COMMISSIONERS AND THE TOWN OF CARBONDALE TRUSTEES Dear Ccrnml ssioners and Trustees: Several years ago, during the waning months of The Big Boom, the Colorado Rocky Mountain School was permitted to close off and tear out an 800 foot Long segment of County Road No. 106 in exchange for the granting of a right-of-way and the constructing of a new road across their land linking State Highway No. 133 with the then newly created "end" of County Road No. 106. The result of this action has been very disappointing and very frustrating. While the Colo- rado Rocky Mountain School still gets the tax free benefit of the comparatively excellent old road to town, the residents of Cooperton and others using what is left of County Road No. 106 have been forced to "detour" onto a road that has never been completed and that has now disintegrated into a primitive, poorly drained, pot -holed, dusty, Loose -gravel track. We the undersigned hereby respectfully request that either this new road be fixed with good drainage and good pavement, or that if possible, the odd route be reopened. Cgey�9 gel/12' ADDRESS: • A LETTER AND PETITION TO THE GARFIELD COUNTY COMMISSIONERS AND THE TOWN OF CARBONDALE TRUSTEES Dear Commissioners and Trustees: Several years ago, during the waning months of The Big Boom, the Colorado Rocky Mountain School was permitted to close off and tear out an 800 foot long segment of County Road No. 106 in exchange for the granting of a right-of-way and the construct;ng of a new road across their land linking State Highway No. 133 with the then newly created "end" of County Road No. 106. The result of this action has been very disappointing and very frustrating. While the Colo- rado Rocky Mountain School still gets the tax free benefit of the comparatively excellent old road -to town, the residents of Cooperton and others using what is left of County Road No. 106 have been forced to "detour" onto a road that has never been completed and that has now disintegrated into a primitive, poorly drained, pot -holed, dusty, loose -gravel track. We the undersigned hereby respectfully request that either this new road be fixed with good drainage and good pavement, or that if possible, the old route be reopened. ADDRESS: oo(7 Petltdeo. AVE ro...h fri o 0 3 g" R -lZ,Gmi7 6151440,Q__ O %l Q IDr IU '. T C ave-7cwie Gt, .. (�7/ A .f ,E147J r r ,a4/e, acti,cerreGdo /401, 70 ni esit3 ,gyp 0-4,2-brAdsr 1 LSA- t:f &iuC4 - (ace6v ro/2C/ q/ AtJ [ctr on4Jc. �hAA Lit 2 Al Imo kV SG 1 . Com( DSS-DMYTION 1RD DAME IIIFTSY kXT 116R- wr.r. THZ UNITED S tifridfilieil OerU oats No to � AT S Or Ammnicisk7 Te all to Who those Pee:swais slut camas, Gf3EB`ilQ: r ?:','/,I itaf Ql depos%tad"/ the General 1. Owe of the United $tags a Ceriafaate of the Register of the Land Offioe at • : i _ tit.. s. A I ._ lj s Mai foil payment has been made by the said according to the provisions of the .Jot of Congress of the 1.4th o April, 1810, s -.,'..: d "Am .1- g further pro- f forCthe Bad Pubble Lands," and the mats sup mal theret0, for r.ri d f At 1� visio f y�4f ttIh+Ee ,._ tar21.__ .. di ...„,i....-4- ,C7 `i3O' te' , ,. _ ,w,�}� J;is' A - <f a d a2 �/ �: r . _ rTiC�Le C % accordtnj lathe Official Plat of the Survey of the said Lands. returned to t Gener La .,. Office by the Surveyor General, said Tract hu sem Purchased by the sat s . - which Now Knew To, That the United States of Interim, in. consideration of the premises, and in conformity with the several .dots of 0074r81888 » crass mads d provided, have gioen and granted, and by these presents do give an grant Santa the saidoCL :tx' area to s, the said Tract shove " .. •" ''e d: To Have and to Hold'the same, together with all the rights, privileges, immunities and a,. :raa of brats ver mature thererGnta belonging, unto the said and . 'i errs and aassigns forever; sukieat to a,ny vested and accrued writer rights for mintnil, agri- cultural, manufacturing or other purposes, and rights to ditches and reservoirs used in con.nevtion with suc& water rights as may be recognized and aolanowiedged by the local customs, lama and decisions of Courts, and also subtest to the right of the proprietor of a vein or lode to extract and remove has ore theefrom, should the same be found to penetrate or inisrsth.e premises harsb granted, as pro tided by law. m ']testi=0117 W eared£, I, . �� Pr'esiita! et the Mei Mate s el sleeps, have carried these letters to be made : , .., , and the Beal of the General Land Of e4 to be hereunto i - . ed. -- GiVSK4 under my hand, at the City of if+"rashanjton, t •_ , _ , .• clay of L .,..a. a in the year of our Lord one thousand eigist ', aid f the Independence of the United 4� 9hundred a '` D?_S JAL -ES States the orae a nd M A X. C �` ifftr BY TER PR..E$IDBXT: 1 ._; 0r u : 49E 14,1) F �—f ' - rf Secretary. V[!.R�dsr of the General Land Office. � Recorded, Yol. k_` - Pale . . ..Jr __. _{r7 Filed Record the 7 day of . D. 1892x, ataaci._b'oldclo .hff. ,for 2521 �nniexfve,rmr l!vrtaABsc -NM PleriN r-7.107•-+wsnw.,+, 4L�5.V Cartffio i No Zi Wet talk ice Wka= the ZFJutate Oi 1l c4►uucu, GRZIMIXigGS ka deposited to the ( al , rad Office of the Hutted States a Cer jtante of the Register of the Land Oj oe at /.by app that payment kw -been mode by the said according to the provieiana of the dot of CoVr•ass of the Bath, of vi for tTaa sato of tho Pattie Lank" gni the ffots supplemental thereto, for 18f0, etttitiecl "An .dot m 0 - according to the Offloild Piot of Ike Survey of the said Lands, re arm& to Me general .Land Office by the iSGit6joT(�at$r(a, WhiCh $aid VQat 9b .__________________ purchased bb�r Avicnsr Sar that me Ernit& Star of Sinaloa, instderaticn- - of the premises, caul Oa conformity with tho several dots of Cortsrrces in�s j]ak case made and pr ed, have glom and, granted, and by these presents. do glut and roast unto the sctiitni ' and % heirs, the said tract above clesor ecZ. 'Izb Have and to Hold the same, together with all ika rfglefs, pledges, immunities and azipaise oeaa natters, thereto* bebongine, anti, the mid tL aril to.. + ,._. hcb,s aril =sips forever; subject to any vested and accrued water rights for mircdmg, agri- cultural, mareufac&turta' or other purposos, and rights to ditches and reservoirs used in .connection with such wale rights ass may be recagnixod tend aoToraotaLeo:gacl blithe boat customs, lauw and decisions of Courts, and also =Afoot to the right of the proprietor of a min or Todd to a t''tracct aatdrremove, his ore therefrom, Mould the aum+f.(J.?<Q • www• r'wnv'rrE*Yecfir��� , t6pi'.e.7tt�N, ��-�Ji'nrifcf �+'r*.��i.�+J�+:d'i",, �c mony'Wheren474. _ �-t s v 4 - Mitt or Ike ilhJt Estes &I Mita, ham; caused these tetters to Ire made paten:', orad the Sara of the (Amend Land 0fto'e to be hermitic rjfl led. Vie= u,utor stay hang&,at the City q' Rea Eon, the - tiny or ' �'` ^' '- - —aha the year of our .Lord one tthoxcsarstl eight hundred caul ...11.41‘. --rand of Iratlepevadente of the Visited Sites the one Br ran PRZeriamyr. RA, 21127 - u 1- -..ill or of iiss Glamoral ,Land Reoarrlec, Vol s7� Q'' pato ory 20 In favor: Houpt-- aye Martin — aye Opposed Samson — aye SOUTH BRIDGE Don wanted direction on a letter from Glenwood Springs concerning participation in further studies on the South Bridge and his understanding is that the Board wants that set for further discussion at the next meeting NEW COUNTY BUILDING Regarding the development of the new judicial facility or the administration building in Glenwood Springs, it is his understanding the Board wants that set for the next meeting, Chairman Martin said the reason those arc set on the agenda is for the public participation_ In favor: Houpt—aye Martin --aye Samson --aye DETERMINE BY FACTUAL FINDING IT THE RIGHT-OF-WAY OF COUNTY ROAD 312 PREVENTS JOINT USE OF THE AFFECTED, PROPOSED EXEMPTION LOTS FOR THE SMITH-ORR PARCEL— OWNERIAPPLICANT; LACY ORR A -ND GIL SMITH, REPRESENTED BY JOHN TAUFER AND ASSOCIATES, ENC.— MOLLY ORKILLD-LARSON Molly Orkild-Sarson, John Taufer and Deb Quinn were present. Molly submitted the following exhibits: Exhibit A - Garfield County Unified Land Use Resolution of 2009, as amended; Exhibit B — Garfield County Comprehensive Plan of 2000, as amended; Exhibit C — Staff Memorandum and Exhibit D — Exemption Plat Mat. Project Background The 78.4 -acre parcel is split by County Road 312 (CR 312) with the majority (58.4 acres) of the property situated north of CR 312. Historically, the larger parcel hes been used for agricultural purposes (irrigated alfalfa and grasses) whereas the smaller parcel consists of native vegetation (Gambel Oak, Pinon, and Juniper). The alignment of CR 312 creates steep cut/fill stupes along the subject property resulting in a situation whereby access to the smaller parcel from CR 312 is questionable. In 2007, the Applicant submitted a Major (4-101) Exemption and Public/County Road Split application for the same parcel but withdrew it due to an outstanding issue regarding the location of one of the existing wells on BLM land. At that time, County staff was recommending approval to the BOCC. Recommendation of Findings The application meets the requirements of Public/County Road Split (Sections 5-202 and 5-403) the Garfield County Unified Land Use{esp1raian of200& as amended. Staff Recommendation Staff recommends the Board to find that the road right-of-way prevents joint use of the proposed Exemption Lots. John Taufer flied an exemption application requesting 5 lots on a 78 acre parcel located on CR 312 approximately 6 miles south of CR 331 and 312 — as result of the rd location it bisects the property; John described how the property was situated, how many acres on each side of the road. Because of the road going through the parcel, there are some steep cut and fill slopes and to access it is very difficult. Chairman Martin asked if it was vacant land, John stated it is except for one house built back in 1972. Chairman Martin explained the road has created a hardship. Beth Cook stated she lived up there for over 40 -years and it is very beautiful: Lacy has a beautiful piece of property. The County Road goes through there and there is no connection going from the larger piece to the smaller piece. John Taufer stated that staff has received approval. in 2006, he submitted a similar application arid the lot has not changed. At that time, staff also recommended approval as well. Commissioner Houpt said they have seen situations where the road does not disrupt the use of property; but looking at the photo here, it does. I make a motion that we make a factual finding that the County Road right-of-way prevents joint use of the affected use exemption lots as presented by staff Commissioner Samson — Seccnd. In favor. Houpt — aye Martin — aye Samson — aye CONSIDER A REQUEST FROM PLANNING STAFF TO SCHEDULE A BOARD SITE VISIT FOR ROAD VACATIONS; RVAC 6060 (IRON ROSE LAND AND CATTLE, LLV) FOR COUNTY ROAD 153, RVAC 6061(IRON ROSE LAND AND CATTLE, FOR COUNTY ROAD 165, AND RVAC 6091 (COLORADO ROCKY MOUNTAIN SCHOOL) Valcatiffiffff0. ALL LOCATED IN THE CARBONDALE AREA — TOM VELJIC On Oetober 12, the Board set a schedule for three road vacations being CR 153, CR 165, and CR 106. On January 13, the plarwing commission had its first bearing and recommendation, which will come to you on April 5 and the other two are scheduled for February 10 before the planning commission. At the October 12 meeting it was discussed they would have a site meeting date set for all three sites. IIe restated they have a hearing corning up April before the Board of County Commissioners. They decided on Tuesday, March 16 at 9:00 a.m. for everyone to meet at Tom's office at the administration building. III favor: Haupt — aye Martin — aye Samson — aye DISCUSSION AND CONFIRMATION ON COUNTY LAND USE REGULATORY REQUIREMENTS REGARDING REMOTE FRACTURDIG ON COGCC — APPROVED WELL PADS — KATHY EASTLEY Kathy sent a brief memo regarding some direction that staff is seeking regarding regulating requirements for centralized facilities related to oil and gas production_ Williams is here today with a presentation. Centralized facilities are activities the county has regulated in the past and we now have remote freeing that is occurring and need direction on regulatory requirements. Ann Lane explained that remote freeing is not a new operation and has been going on in the county since 2006 by Williams and other operators as well. They were not aware that the staff believedthat this would be an activity regulated by or requiring permits through the County simply because Williams has read the code and no one has ever brought it, for permitting to the county. To thein it clearly fits in the definition of a use by right. She wanted to mention it is covered by the COCiCC. They have gone through extensive rewrites of the regulations in Colorado and they are the most stringent throughout the ignited States. The 22 Chairman Martin - Therefore identifying the particulars that would remain upon the liner and the proper disposal of that liner with the proper designation. Now back to Fred's problem; do we issue permits and make inspections and require that to be done when the pits closed or riot He thinks they are going to put that in abeyance until they get an answer from the Attorney General. He asked Patty if she had enough for the position to go forward so they can review the draft and they would send that to the Oil and Gas Conservation Commission on their position. Patty said she is hearing two things; number one the Board would Tike us to move forward asking that Garfield County be considered in two party notice. Chairman Martin That's correct Patty - Secondly is she hearing that the Board is asking us to draft a protest or if that is premature. Chairman Martin - That is premature. We are waiting for the Attorney General's position so that we can go ahead and take appropriate action at that time. Don stated at this point you simply want to indicate you are a party and the interest and what notice the right? Chairman Martin -Right. Don stared it does require a motion, which is simple; but yes, it does take action of the Board. Commissioner Samson - We need to direct the staff to notify the COGCC that Garfield County wishes to enter in as interested party_ Chairman Martin- Second. With those findings Patti we can clarify those and bring that back as a preferred draft and then sign it, after approval by both Mr. Samson and I. In favor: Houpt-rue/usedMartin-aye Samson-aye • Scope of Work and Change Order for Kelly Trucking -Brian Condit Brian wanted to give an update on the closure of the airport. In order to be in compliance with the state and local laws; they have had to take out 51.5 million dollars of work at the end Kelly Trucking's contract. That funding threshold is $1.5 milliou dollars worth of work they took out, and then they put in the 51.5 million of rock blasting. Brian will be meeting with the FAA next week; but right now, they are giving him every confidence they will find additional money to put all of this back into KeIly Trucking's contract. Chairman Martin stated the worst-case scenario; they don't come up with the 51.5 million, it's on the county to go ahead and pick up that tail end piece. Brian said we wouldn't be reimbursed up front; it would take 10 years. The problem with waiting 10 years, we cannot put any other infrastructure in the airport that the FAA would pay. Chairman Martin explained there is a certain amount of money that comes to each airport, each year, and that's the money Brian is saying would be a period of 10 years. That goes to the local airports on n distribution, which is annual right now, so that's what would do the back fill of $1.5 million aver a 10 year period. Brian said they have never funded an overrun yet; that's what they are telling him and they don't want to start on his project. It would make the western region look bad if it were the fust one. Carolyn - This airport is important to their GA nationwide plan. Commissioner 1-ioupt- I make a motion we approve the change order as presented with Kelly Trucking at the Garfield County Regional Airport as presented. Commissioner Samson - Second. In favor. Houpt - aye Martin - aye Samson - aye plrf+ "r;tn i'lp�Lr3 tpn iv Vac a Pafttoat of Canty Rojad 106 (Satsnk'> a4j 3 Applicant; Colora'da Rncky i�iounuin c idi% ane,"' Ila iVelf is ys Larry Green - Attorney Ba comb and Green, JetTLehey - Head of School CRMS and Joe White- Business Manager for Colorado Rocky Mountain School were present. Deb Quinn reviewed the noticing requirements for the public hearing and determined they were timely and accurate. She advised tate Board they were entitled to proceed. Chairman Martin swore in the speakers. Planner Tom Veljic submitted the following exhibits: Exhibit A - Garfield County Unified Laud Use Resolution of 2008, as amended Proof of Publication; Exhibit B - Garfield County Comprehensive Plan of 2000; alga it C - Application; Exhibit D - Staff Memorandum; Exhibit E - Staff Powerpoint; Exhibit F - Planning Commission Minutes from Site Visit, dated November 6, 2009; Exhibit 0- Letter from David Mead, Garfield County Building and Planning/Addressing, dated December 4, 2009; Exhibit H - Letter from lake Mall, Garfield County Road, and Bridge, dated December 7, 2009; Exhibit I - E-mail from Daniel Roussin, Colorado Department of Transportation, dated December 7, 2009; Exhibit i - Memo from Jeff Nelson, Assistant County Engineer, dated December 31, 2009; Exhibit K - E-mail from Janet Buck, Town ofCarbondale, dated December 23, 2009; Exhibit L - Email from Bill Gavette, Deputy Chief of the Carbondale and Rural Fire Distriet, dated December 23, 2009; Exhibit M -Newspaper Article, the Post Independent, dated December 16, 2009; Exhibit N -Note from Jim Kirschuink, U.S. Forest Service, received on January 12, 2010, Exhibit 0 -- Aerial photo of Carbondale area in 1975, provided by Lany Green at Planning Commission Public Meeting, January 13, 2010; Exhibit P - Vicinity/Preliminary Survey Map, with aerial image, prepared by Schmueser, Gordon, Meyer (included es part of the application documents, Exhibit C); Exhibit Q - Letter from Debra Burleigh received on March 19, 2010; Exhibit R - Letter from Joe Burleigh received an March 19, 2010 and Exhibit S - Proof of Publication and Mailing. Torn produced more Exhibits today; Exhibit T - Letter tion Greg Forbes dated received April 2, 2010 and Exhibit U -Resolution concerned with vacating a portion of public road right-of-way. Chairman Martin entered Exhibits A - U intn the record. Tom provided the background for this application and some historical records showing the right-of-way existed on a 1910 roadmap. Letters documenting the request to vacate were included showing CRMS initiated the process as far back as 1977. On December 10, 1979, Garfield County Commissioners passes a resolution closing the portion of CR 106 passing through the CRMS campus. The minutes reflect the Commissioners discussion for the potential of reopening tine right-of-way through the campus in the future. Garfield County and CRMS participated in constructing Dolores Way as an alternate roadway with CRMS dedicating Dolores Way for public use with a reversion clause if public use of the road ceases. The request to vacate the portion of CR 106 through the CRMS campus has a long history based on the School's goal of expanding the use of the campus. The current request uses the same rational and for increased security by 92 limiting access in the future if on-site safety becomes an issue. The area north of CRMS, known as Satank, has restricted access to the public roadway network. The single roadway for vehicular access, both in and out, is Dolores Way. Comments from the Colorado Department of Transportation indicate that future increases in traffic will farther impact the SR 133/Dolores Way intersection and suggest that a future connection to Carbondale's Main Street might be warranted due to the controlled intersection with SR 133. The Garfield County Engineer has also commented on the adequacy of the pedestrian connection from the Satank Bridge to downtown Carbondale based on the pending restoration of the bridge for pedestrian use and connection to the Rio Grande Trail recommending that the right -of -gray be retained. The Town of Carbondale has also stated that the right -of --way should be considered an alternate route for emergency access between Dolores Way and CR 106 into Main Street Carbondale would prefer that CR 106 remain as a public right-of-way. Since the first discussions between CRMS and Garfield County concerning vacating CR 106 through the CRMS campus began approximately 30 years ago, the segment of CR 106 through the campus was recognized as an important link between Satank and downtown Carbondale. The most recent comrnenta received from refen-al agencies reinforce the statements made by the Board of County Commissioners in 1979 that retaining the right-of-way is necessary to accommodate future traffic. PLANNING COMMISSION RECO7v1MENDATION During the public hearing on January 13, 2010, Planning Staff presented the proposed road vacation for a portion of County Road 106 and recommended denial. Following testimony by the applicant and his representative and other interested parties, the Planning Commission discussed the proposed road vacation. Based on the information provided by the applicant, referral agencies, and the requirements of the ULUR concerning roadway vacations, the Planning Commission recommends denial of the request to vacate a portion of CR 106, Road Vacation RVAC 6091, to the Board of County Commissioners as described on the Applicant's survey with the following recommended findings: 1) That proper public notice was provided as required for the hearing before the Planning Commission and the Board of County Commissioners; 2) The subject county road or public road right-of-way does not provide access to public lands; 3) The subject comity 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; 4) The subject county road or public road right-of-way is currently used and will be used in the foreseeable future for county or public road purpose; 5) That for the above stated and other reasons, the proposed public right-of-way vacation is not in the best interest of the health, safety and eeelfare of the citizens of Garfield County; Discussion was held. Joe thanked the Board for the opportunity and consideration of their application. He summarized their intentions to have this road right of way vacated, which essentially was to protect individuals from accessing the campus in the evenings when students are going to their dorms. He pve the complete history of the traffic and the Colorado Rocky Mountain Campus. Larry Green explained the action that was undertaken by the Board of County Commissioners in 1980 was to restrict the use of the roadway in question to non -vehicular purposes. The direction of the county commissioners at that time was also to remove the road from the counties read system. They checked with the County Road and Bridge department and in -fact this section of road has been removed from whist they refer to as the County Road inventory since at least 1990. T eeee are utilities within various portions of sections of this right-of-way. The utilities they have identified are Town of Carbondale, water and sewer lines; there is an Xcel Energy electric line, a source gas natural gas line and some Qwest communication }hues. As to the pedestrian use, it is actually shorter to go along Dolores way to Main Street and 133 then it is to go along historic road 106 right-of-way. 'flu school would be willing to grant some additional pedestrian access ways an the west side of Highway 133 so it would not entail cross 133. Brad Hendricks gave a letter to the commissioners. The point is, is there a need to go on how valuable is this to the community and why do we need it and emergency access. Commissioner Houpt — What you're asking us is to deliberate and make a decision before we have hear everyone speak and she thinks for the public process they need to do that Brad - They have never had control of pedestrians walking through there. Re said he was at the original county commissioners meeting when the county closed this. It was very clear at that meeting and it was very clear in their subsequent action; they didn't vacate and they kept it open for public purposes. Harmony Hendricks —Brad's daughter arid she also owns a house separate from their houses in Satank. She just wanted it stated that she has walked through CRMS thousands of times in her life. Before the road was closed and since and her kids have as well. It's not just access to Carbondale; but her best friends, when she was growing up, lived across the river and we would have had to go to City Market to get up the river on the other side and Crystal Village. She thinks in a way CRMS has messed it up because until that little improvement was made on the south end, it was hard to get through there. She pays taxes and she would be upset if Garfield County gave away three acres of land to a private institute, John Hoffman is a trustee For the Town of Carbondale representing the interest of the community as a pedestrian more than any official does, It has been his experience in town with other right-of-way issues that if there is nota public right-of-way; there is a fear factor that happens if they are not required to have people go through these. Fear does funny things to us, fear made the school ask the town to stop the trail where it is now. Now fear is asking having the school ask the town to extend the trail on down to the river because they realize that the children are in risk being pushed into the roadway, not having a proper trail to go through. The community feels the same way. It is a convoluted path that goes through the school so very few people do use it. But those that do use it, use it almost on a daily basis and they need that access. Because going on 82 is risky; it's not good air, there are a lot of driveways, and the traffic is unacceptable. Chances are good the Satank Bridge will benefit, we'll see most of its traffic from the Town of Se ark and from the Dolores Way area and most of the people that would use that as a right-of-way will continue on up the Rio Grande Trail, which is a good passage to go on into town. The people of Cryatsd Village wilt very likely pass on through as they have been because that is the natural way to go through. In conclusion, he 93 warded to ask that we retain the right-of-way but he would like them to have some kind of a negotiation with the school so that the school can have additional protections to satisfy their designers and their needs. Ifthey feel they have a measure of control over what goes through there; he thinks they would be satisfied to some degree. But by no means would he be for closing off a public right-of-way ifa different alignment with a different public right-of-way wasn't at the same time included in the agreement. I was hoping they would bring a list of concerns that the school had about the right-of-way going through their campus that could be addressed in some kind of way in a governmental agreement. He is not is not sure if they have done or even if there is any agreement that would help relieve their mind or help them move ahead with their future plans. Nancy Smith — 27 Mesa Avenue brought a letter. She would not favor opening 106 road through CRMS campus, if the school ceased to operate there it would be good to have kept the roadway. Additionally, the right.nf way should be given up without alleviating present and future congestion on the Dolores Way by means of a second exit to Highway 133 and widening Dolores Way. Both of these would involve the Town of Carbondale; but money and influence from CRMS and Garfield County would be more effective than complaints from the citizens of Satank. These improvements will be a benefit to all CRMS, industrial park owners, Carbondale and Garfield County residents, Her concern is mostly aboutthe Dolores Way intersection and she just wanted to note that sometime in 2002 tiros the day of that Town of Carbondale, Highway 133 improvements study, and that was done back when the assumption was that the park -n -ride was going to be built where American National Bank is. Thai's why there would be a traffic flow on Dolores Way; but when the park -n -ride was built at Village Road then the traffic light was put in at Village Road and now there is no possibility for a traffic light at Dolores Way. Like Brad said in the beginning, it seems to her like the county code prohibits the Board from vacating this road. CAMS sent out certified letters to people within 200 feet_ You know unofficially they didn't get everybody in Satank. Tins Gye - Is an alumnus of CRMS, class of 1964. He came here from California. He has been teaching at CRMS for 31 years. His wife also teaches at CRMS. The very important part of his duties is helping supervise the residential life of each student who ranges in age from 13 to 18. At least one night each. week, he is in one of the dormitories from 7:30 to 11:00 p.m., at which time he goes home. All the other teachers have similar responsibilities. Should an emergency arise after 1 1:00 p.m.; students are to call one of the teachers for help. There is always at least one teacher in each dorm throughout the night in his or her own residence. About four or Five times each year he is on weekend duty; which requires him and about five other teachers to maintain on campus and in the dormitory providing activities for the students. In a very real sense, as well as legal sense, we aro the parents ofthese students Our campus is a large home. The central dining and social facilities and classrooms that are used on the weekends; for example a science project, or computer use and it is their job as teachers to secure the safety of our children at all times. This. includes not only making sure that are students are engaged in acceptable behavior, but also making sure that unwanted visitors do not endanger their students. It could be very difficult for him to ask a disruptive individual to leave. He strongly supports the complete vacation of County Road 106 through the CRMS campus, as it will help hint and the school to provide safety to their children. They need to know they can do anywhere on campus and not fear that their home has been compromised by unwelcomed visitors. At the same time, he is happy to allow people from Satank, or Carbondale to walk or bike through their campus during the day as long as they respect the needs for privacy and security. Finally, on Dolores Way can be improved significantly by the installation of traffic lights or a traffic circle at the intersection of Highway 133 or by extending Village Road through to Dolores Way. There is ample precedence for multiple stoplights within a short distance of each other. Chairman Martin took his letter as an exhibit as well. Louis Meyer said he is speaking in front of the commissioners today as a parent. He would encourage the Beard to vacate the road for vehicular use. He wanted to make it very clear he was not here representing the Town of Carbondale; but be has been involved with engineering fur about three years. He can tell theca that of all the traffic studies that have been done for Carbondale over the years, starting with River Valley Ranch, the Market Place, Highway 133, the connection of 106 from 108 to Dolores Way has never been part of the projections from a traffic standpoint. The issue of the intersection of Dolores Way and Highway 133 was discussed in the plan that the Town of Carbondale put together for expansion of 133 and four lanes. It was proposed for a traffic signal; it would improve the tenuous situation up there today. He pointed out that the bike path is along County Road 108 from Main Street to where it dead ends today was a collaboration between the Town of Carbondale and CRNIS. CRMS dedicated that land so that a bike path could be put in there; much to the objections of the rancher. The rancher that was ranching the land for CRMS really didn't want to see that happen; but CR1vtS took the difficult decision to dedicate that so that the public path could be put in. Finally, if you look at CRMS as a planned unit development today would you put a road right-of-way, vehicular right-of-way there and he thinks the answer is no. In fact he thinks much of the projects have been before you largely views; the county has taken the position you don't want the right-of-way in a lot of the larger plan unit developments. These are difficult decisions and there's no good answer, He thinks you have to weight on is there more positives than negatives. He thinks the continuation of CRMS as a viable business, as a place to educate our kids, far out weights the other issues. He would say there is an opportunity for CR.MS to collaborate with the Town of Carbondale and Garfield County on pedestrian issues. Greg Forbes lives adjacent to the school on 106. The way the code is written, the way that the whole section on road vacations is written states that the BOCC shall not approve any petition or request to vacate a primary public road right-of-way when the following information bas been submitted to the BOCC. He referenced Exhibit T. He sympathizes with the school, as they have been good neighbors. There are many people that use this who live in Crystal Village and come through wilt the kids. He would hate to see that possibility for the future go away. On a financial standpoint; he is a real estate appraiser, several of the properties in Satank that are developed that have homes are the old Satank town site is platted into 25 foot wide lots, and those large developed parcels that are two lots to three lots wide. So 50 to 75 feet wide and then 150 feet deep and with just 50 feet in front of you then the county road right-of-way, and they haven't seen much recently, the down turn in the economy but we have seen 50 by 150 foot properties selling for in excess of S200,000.00 in that area. We are talking about even just a little stretch of that easement is worth 94 a lot of money and in the public hands; to just give it away or trade it away for something a little strip is really not an equitable thing. he main thing for him is it is a public right-of-way, it's been a public right-of- way forever and it's not in the public interest to get rid of it. He understands why it benefits CAMS; tiding his bicycle through he meets a lot of students and some of them we talked and get to know each other, it's a good thing. Charles Moore lives in Satanic. As far as he is concerned vacating any road dedicated to motor traffic is a good ideaIt would be a disaster to have this road ever become a public motor way. It is true that the route from Satank to Carbondale is shorter if you take the path along Dolores. Unfortunately, the way it is now, when you get to 133 you are pushed into the traffic hecause there is nowhere to go except trying to dash across 133. He would suggest it would be good to continue the easement all the way over to where the hook into Main Street essentially along the south boundary of the school. He would also ask the County Commissioners to consider putting a sign up where Dolores comes off 133 saying Satank Road. The only sign saying Satank Road is coming off Highway 82, which dead ends. Tamison—A sophomore at CRMS spoke about how she and her friend ride bikes through CRMS. It works great the way itis and she doesn't see a necessity for an improved bike path, CRMS is a unique community in a sense that the students feel a great sense of freedom and security, And that security is felt because of the way the school operates as it is now. She feels if they had an improved bike route slicing through the heart of their campus, the sense of security she feels in her home, which is CRMS, would be shattered, Ethan - A senior at CRMS and expressed the sense of security. He knows he can trust all his friends however having people we may not know wondering through our campus all the lime is not helpful for the school He doesn't want random people wrondering through his home, CRMS. Larry Green said this is an interesting set of speakers today and thinks he has known everyone who has spoken_ He thinks the overwhelming thing you have heard here is that everyone believes CRMS is an asset to the community; but the different perspectives have different viewpoints about the use of this right-of- way. Ile thinks as to the technical legal argument that this is a prohibited vacation and he submits that section of code is not applicable because there is a portion of this historic right-of-way at the north end of it that we are asking be vacated that is not presently used for road purposes. The actual trail that folks use now is somewhat to the east oldie strip of land that we are asking to be vacated. To Ttesi, you asked a question about the concept of an agreement made with the County Commissioners in 1980. He believes that is pert of the problem is that there really was not an agreement that was made with the County Commissioners back in 1980. There was the minutes of that meeting and a couple of sentences that said that the action the Commissioners took back then; but he doesn't think that anyone has a real understanding of what that means on a going forward basis. is the road going to be reopened to vehicular traffic et sometime, is someone going to come through and put an improved pedestrian path, how long does that uncertainty tinges over the head of CRMS? He believes if the county was willing to consider en agreement that we probably could work one out with the county. John Hoffman promotes us to the status of a government and suggests an IGA; CRMS is not a government so he thinks an IGA won't work But there could be an understanding, a written understanding with Garfield County if they were willing to consider it about matters of what would happen to that historic right-of-way for so long as a school is operated on the property for example. If that is something that the Commissioners are willing to consider then he would ask that this matter be continue and let them work with staff and see if they can't put something together that would address everyone's concent, Commissioner Houpt expressed the need for clarity in this proposal, Chairman Martin thinks once established a right-of-way is a vested property right for all people within the county. It is extremely hard to get rid of and justify the use for other purposes in vacation, restless there is an absolute need. We face several things in another issue that we have had, actually several issues we have had an vacations of rights-of-way. Prehm Ranch is a good example of that it's a vested property right, it's a deeded right etc and they gave it away. Now what is the biggest issue in Glenwood Springs; it is an alternate route to get from the south side of the rives to the north side of the river. Preserving the right•of- way is fine and suggested a workshop with CRMS, the Town of Carbondale, the folks in Satank, and Coope ton. The recommendation presently is denial; based upon the rights-of-way and the belief of the planning commission and the staff. The only way he can say they cannot make a decision is if the applicant withdrew and we had to not make a decision. He thinks in front of us is make that decision; yes or no. Commissioner Haupt stated for clarification Larry; your recommendation was to continue this and work on agreement or bring finality to this. Larry suggested it be continued, taeb stated there are provisions in the land use code; the resolution concerning mad vacation that was incorporated entirely into our land use code that allows the Board to continue a hearing as it deems necessary to receive all information the BOCC seems relevant. Any continuation must be to a date certain with a decision to approve or deny approval occurring within 90 days of the initiation of the public bearing. There is another section that says the BOCC may elect to approve a resolution vacating a county or public road right-of--way in a form modified or altered from that presented as part of the initial required documentation. In that event the Board specifically directs staff to make alterations to the resolution presented by the petitioner or applicant by motion specifying those alterations. Therefore, there are two different provisions in our code currently that allow for a continuance; one for additional information, the other is to modify a resolution on terms that you dictate to us today. Commissioner Houpt thinks people who are talking on both sides of this issue recognized the value of the historic use_ Deb — it may be the Boards desire to deny the petition and yet encourage the applicant to come forward with some further agreement that has nothing to do with vacating a right-of-way It's up to the Board how you want to proceed. Commissioner Samson has listened to everyone. It seems like people are willing to work together and once again he thinks that is the way to do things. We would not have to deny this if the applicant is willing to withdraw Chairman Martin thinks the school wishes to have an answer to either deny or continue. 95 Larry - Based upon what they have heard from the public this afternoon they would ask that they be allowed to withdraw the application for this afternoon with the understanding that in the very near term they will be working with the county's staff and members of the public to try to reach an agreement Chairman Martin — We can entertain that motion to withdraw. Larry would like to see have a workshop on site in reference to the county government, the city, the parks and recreation, the school, the neighbors, and sit down and actually come up with a workshop so we can make a recommendation back to this Board in reference to the right-of-way and how it should be used. He suggested that everyone be noticed and take time to have a discussion. 96 ire] reveune fuud to tho yarrauts," approved .Janu- d so as to read as follows: call be authorized to pay interest ou State warrants harge the same to interest ,te treasurer. %fed February 15, 1883. TITLED 4, AN ACT TO E THE 'WORLD'S FAIR iUy of the Slate of alorado entitled, "An Act to Pro - I's Fair Commissioners," be aud the same is hereby printed by said act shall be emergency exists, this act • it.s passage. ned February z.g, 103. • , t IT ROAM r33 IiIGHWAYS. AN ACT 261 CONCERNING ROADS- AND HIGH1VAYS, AND TO REPEAL ACI'S OF THE GENERAL ASSEMBLY THE STATE OF COLORADO, ENTITLED, "AN ACT CONCERNING ROADS AND PUBLIC HIGHWAYS)" APPROVED MARCH 22, 1877, AND AN.ACT TO AMEND CHAPTER EIGHTY- EIGHT OF THE GENERAL LAWS, APPROVRO FEl3RTJARY 18, 1879. Be it qttaitiedby the GeneraZ ileeorably of tlae &ale of Colorado : SEMON , 'All'xbacis and highways, except private .u_paw roads lunitOfore established in pursuance of any law of ;Nory"ila= this State or the Terlitory. bf Colorado, and roads dedi- cated to inlblic use, that Jaime net .been vaccaed or abau- cloned, and such °their roads as arc now rocoginied and. maintained. by the coilwirate authorities of auy county in this Statoi are hereby declared to be public highways. Sac. 2. All public highways, except such as arcaoydy =erg or_ ovuo. ownod and operated by private corporations, and high ways within the corporate limits of any incorporated city or town, shall he mamtainod and kept in repair by the respective counties in winch they are located. Sc. 3. Whenevez in, the opinion of the board ofozzitrvito county emeinissioliers of any county, any road or part of road: then oetabiished aud maintained as a public Ingli- waY, is not n edod the iefauirk of altosame: are iiuiden- smile- in laxcess of4lie;,-heriefits therefrom, they may a regular meeting ,aillioint a board of Comenssioners of three free hOlders:Otthe,c,otinty.as viewers, to view soItepint or Tlerfers. road or part of road, and make report thereof to the board of. county commissioners at their next regular Meeting, setting forth fully their finding, and if they recommend a discontinuance ol such read or part of road, then the board of county commissioners may orderr the same located, . Provided that. if such road runs on the _ county line between two counties, the county commis- 250 R a+bs AND . Rarny &Y$. ,p,;dde tram . . $ac _ 17.. If filly' porenn or persons be of opinion that erw u"'' the mages awarded him or them by the viewers are inadequate and insufficient, the board of county corn- , missioners may agree wiilx.such person -or persons upon the moaeure of 'the same. Sac, 18. Axry . rson or persons owning or havi ur��na dem, an interest in any Eiid over which any proposed ro extends, whoshall bo of opinion that -0e, damages awarded him or;: them by the ,road- vie ers, are inad eq ate and ,insufficient,' may personally or by agent .or attorney, op or before the first day of the next replay meeting of the board of :county commissioners hat:after the report is filed in the affioe of thea county clerk` -and rocorder of the county in which the view was made, [file] a written request arldr•essed to the board of couutycom- missioners for a jury to aseertai.n.the compensation which Ire Orthey may be entitled'- to,. by reason of damages sus- tained by altering, widening,_ahangin [changing]or lay- ing. out such road. Thereupon the board of county com- missioners shall aliply to the. judge of the district or. county court of the. Same county by filing a petition, as, in: other .cases uuder the act of.the gene.raI assembly .of the State of Colorado, untitled, "'An Act:- to PrOvide for:- the ortthe Exercise of tl ie 1igbt: of Ttininent llo nein ' epprov d February 12, 1877, and the compensation to. be,paid. such parsoii or lemons shall be aseertait acl and the;laiud condemned, the silo of court or decree rendered;; and_ all condemnation proceedings thereupon shall be'oaoe i ing to the'. proceedings of said act, as in other caries -The' board of county coimniasioners of any county; may, and thoy;.are hereby authorised, to take and coudemn,>or cause to -bo Condemned, the Lands of private persons under and according to said .eminent domain act in the first- in- stance.'without view or other ander this act. of 1110/111.71. Seo.. 19. All public highways hereafter laid- out in this;: State -;shall' be sixty feet in width unless: otherwise oird'ereirbylhoboar€1 ofcounty commissions s: wain 4,,a rime own, SLAC. 20. W lzencver a petition shall be presented to p°`" (to) the board of -county commissioners of any,eounty of this .State -praying for a public highway, .and -:the names of all the owners.of;all the land through which said r i is to be laid gut, shall be signed by the owners thereof CGH WAYS. persons be of opinion that £hem by the viewers are he board of county com- b person or persons upon persons owning or having which any proposed roa inion thatthe damages i road viewers, are ivad- )ersonally or .by agent or _ _day, of : the next regular ► coinmissiouers` held' after e of the county clerk and ;..the view was made, [file] the board of county wai- n the compensation which 3y reason of damages sus- hangin [changing or lay- * theboard off county coin - ,judge of the district or my by filing a petition, as ' the general assembly of "An Act to Provide for niinent Domain," approv- conipensation to be paid =:asccertained and t_he land r decree rendered, and all reupon shall be according , as in other &wee.The s of any county may, and ake and condemn, or cause private persons under and main act in the fiat iu- aroceeding under this act. Nays hereafter laid • out in iu width unless otherwise r conarniesioners. tion shall be presented to rissioners of any county of highway, and the naives 1 through which said road 1 by the owners thereof to RaeLDS AND MGR -WAYS. 2557 said petition, giving the right of way through the lands, and accompanied by a plat of the road, it shall be the duty of the board of county commissioners, if in their opinion, the public good requires it, to declare the same a public highway, and thereupon. the plat shall be filed and recorded and the said road shall become a public highway from and after drat : date. Sao. 21. The manner of laying out any private P�,rp� ri �.�,, wagon road from the dwelling of .any person' to any pub- lic road, and of oondeinning elan necessary therefor, ort„r.,a„, shall be theeiune as lierenibefore provided, excepting that the *Wars 011ie seine shall only receive.compeiiaa- tion for one day's service, and rniloage:to:'and from their respective= laces -of residence; and the petition in such cusses need be signed': only by shell person, and, the ex- peiiee of viewing and surveying such road and the dam- ages which niay accrue, to any person by reason of lay- ing out the same,, and the expense of opening such road shall be paid by such petitioner. S c. 22. When any highway is to be alttired, ' 6° o', widened, ehanged :or laid out, the county clerk shall Q, mT. notify the overseer of the lir oper district, and for such notice the clerk shall •receive fifty cents from the county FON. treasury. Srse. 23. ..When any public road. heretofore laid ogtor nz 'tri ". or traveled as sricli, or. bereafter to be laid out or traveled, crosses any creek ` or stream of water, . and such stream during any part of the yyear is usual:, fordable where such road crosses, or shell' cross the same, the said ford and the banks of the stream adjacent thereto, and the roadway or track' usually .traveled leading thereto from such highway shall be declined and taken to be part of such highway and any person who shall obstruct any such ford, or the road_ leading thereto, or shall dig down the banks of suck ford, or who shall erect any dam, or embankment or other obstruction in such stream, or wing darnor other- obstruction on the banks :of said stream, for the purpose of raring. the water of said stream upon the olid ford, so as to render the said ford impassable, or mora difhcalt of passage than heretofore, or who shall maintain any such dam, wing dam,' embankment or ss B&G BALCOMB & GREEN, PC A FULL SERVICE LAW FIRM SINCE 1953 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 ()Er. 1 7013 Chad J. Lee, Esq.* Telephone (970) 945-6546 Facsimile (970) 945-8902 clee(a)balcombgreen.com *Licensed in CO and WY 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 6" 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. Vicinity Map. Enclosed 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 tor 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 (XCeI), 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. balcombgre en.com Glenwood Springs Office: 818 Colorado Avenue Glenwood Springs, CO (970) 945-61546 Aspen Office: 0133 Prospector Road, Ste. 4102E Aspen, CO 81611 (970) 920-5467 B&G 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 tor 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. 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. 24-65.5-101 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. 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