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HomeMy WebLinkAbout2.0 Correspondence.. June 15. 2011 John and Marilyn Cozza 304 75 Highway 6 & 24 Rifle. CO 81650 Garfield County ~~iJ\..1 TY ATTORNEY'S OFFICE 108 8th Street, Suite 219 Glenwood Springs, CO 81601 Tele: (970) 945-9150 Fax: (970) 384-5005 Re: Road Vacation Request and Location and Extent Review for Antler"s Land (RVAC-6753 & LAEA-6754) Dear Mr. and Mrs. Cozza: Thank you for your assistance in processing this application. L"pon further rcvie\\. this office believes that there is insufficient infom1ation demonstrating that the County has any right, title , or interest in the purported right-of-way that is the subject of your application for a road vacation. As you know. Section 4-11 0 of the Unified Land Use Resolution of 2008, as amendc::d. requires that as part of your application you submit a title opinion from an auorncy or title company stating the basis for the interest in the public or county. In response. you provided a letter from your attorney, David Smith , stating that the apparenl right-of-way was likely proposed as part or the Antler·s Orchard Development Company Plat No. 1 in 1909. but the roadway surface was not constructed within the r ight Tof-way. creating an apparent gap in the ownership. He also states that the area proposed for vacation has never been used as a public or county road. In addition to the representations o f your attorney, Garfield County Sun·eyor Scon Aibncr has not located any documentation supporting a County interest in the area proposed for vacation. In particular. there does not appear to be any evidence that the purported right-of-way was dedicated to the County and that the Board of County Commissioners for Garfield County accepted it. See, e.g., Turnhaugh 1·. Chapman, 68 P.3d 570, 572 (Colo. App. 2003) (common law dedication requires the governmental authority to accept the dedication). We are happy to consider any additional evidence you would like to submit ''hich indicates the County has an interest in this matter. Based on the present submission and the opinion of the County suf\eyor. however, there is insufficient evidence of a County interest. Thus, there is no .. county road·' or "public right-of-way'· for the County to vacate. and no basis on which the County can process your app li cation. • I Mr. and Mrs. John Cozza .lune 15, 2011 Page 1 Please do not hesitate to contact me s hould you have any further questions . You will need to consult with your attorney, hoY.e\·er. regarding the process for remedying the gap in title that affects your property. We appreciate )OUr patience a4' we·ve researched this issue. Very trul y yours. c~~~~ Assistant Garfield County Anomey cc: Carolyn M. Dahlgren. Acting County Attorney Fred Jannan. Director. Building and Planning Department Glenn Hanmann. Senior Planner. Building and Planning Department Carey Gagnon Garfield County Attorney's Office 108 gth Street, Suite 201 Glenwood Springs, Colorado 8160 I Re: Cozza Boundary Issues Dear Carey, Garfield County SURVEYOR SCOTT AIBNER, P.L.S June 7, 2011 I'm writing in regards to the Cozza property for which my office prepared a survey plat indicating boundary, deed and existing conditions information. Upon your recent inquiry as to the gap in deeds and subsequent possible vacation of that gap I have researched and confirmed that the gap in deeds is just that. A 45 foot gap was created when the Cozza parcel description was scribed. It is possible the gap was intended to be a right of way for the county road however the existing county road adjoins the westerly gap boundary. The intension is clear in the deeds that the westerly boundary of Cozza is the county road. We have not found any documentation indicating Garfield County has interest in the 45 foot gap therefore creating the vacation of that tract would seem irrelevant. Feel free to contact me if you need further information. Sincerely, 6~-clrL_ Scott E. Aibner Garfield County Surveyor Cc: Glenn Hartmann 109 8th Street ,Suite 201 • Glenwood Springs, C08160 I • (970)9./5· I 377 • Fax: (970)384-3460 • c-mail:saibncr i garjicld-cou111ycom March 24, 2011 John and Marilyn Cozza 30475 Highway 6 & 24 Rifle, CO 81650 Garfield County BUILDING & PLANNING DEPARTMENT RE : Road Vacation Request and Location and Extent Review for Antler's Lane (RVAC -6753 & LAEA-6754) Dear John and Marilyn: The Building and Planning Department is in receipt of your Application submittal for vacation of a portion of Antlers Lane adjacent to your property. The property is located at 30475 Hwy. 6 & 24, generally located between Rifle and Silt. The County is cooperatively proces~ing this request with you in accordance with the Garfield County Unified Land Use Resolution of 2008, as amended (ULUR), Section 4- 110, Vacation of a County Road or Public Rights of Way and Section 4-112, Location and Extent Review Process . In order to comply with these code provisions and make a determination of technical completeness , some additional information will need to be added to your Application. The following details will need to be addressed or provided . 1. Your Vicinity map needs to be updated to include all structures within 200 ft . of the proposed vacation, including those areas to the north, south, and west of the proposed vacation. The map also needs to indicate the land uses on all adjacent properties . 2. A letter from the Burn ing Mountain Fire District will need to be provided unless the Director approves deferring the requirement to the referral process as requested in your Application. 3. Additional materials necessary to adequately review the application (pursuant to Section 4-110 (b)(2)) shall include information verifying the public dedication of the existing right of way as improved and currently in use as County Road 225 (Antlers Lane) adjacent to the proposed vacation . 4. A title opinion from an attorney or title company stating the basis (deed, dedication , prescription, etc .) for the interest in the public or county. A copy of the deed referred to on the Vicinity Map (Reception No . 241789) should also be provided. 108 Eighth St ree t, Suite 401 •Glenwoo d Springs, CO 81 601 (970) 945-82 12 • (970) 285-7972 • Fax: (97 0) 384-3470 5 . An excerpt from the County Assessor's Office Mapp ing identifying the location of the adjacent property owners to the proposed vacation. 6. The Payment Agreement Form attached with your submittals needs to be executed and dated. 7 . An authorization to represent statement needs to be provided if you will be representing the Applicants in the course of the review process. 8. A statement describing how your request meets the standards of Section 7-102, as required for a Location and Extent Review. This statement will address consistency with the Garfield County Comprehensive Plan 2030 and any intergovernmental agreements with Municipalities that apply to the area of the proposed vacation . 9. The Application will may need to be supplemented with additional materials based on the review by the County Attorney Office . Once the above items are addressed we will finalize our completeness review and schedule a date for referral by the Board of County Commissioners including determ ination of the list of required referral agencies . At that time we will set a date for the Planning Commission public hearing. A public hearing will also be required before the Board of County Commissioners . Planning Staff will provide details on the public notice requirements for each of the hearings. Please feel free to contact me at 945-8212 if you have any questions or if we can be of assistance in working with you toward a completeness determination. Sincerely, /J,,t_ 1/J' ____ Glenn Hartmann Senior Planner cc : Fred Jarman, Director Building and Planning Department Carey Gagnon, Assistant County Attorney David Smith, Garfield & Hecht P.C . lo.79 Doc .IF ; ...... ,· ' / Moo 375 g... 516 .a-dee! at 4: 55 o'Wrk P. v~ Mav 3, 1966, KNow Au. ~ BY 'l'BEsE PllsENTs, That, Whereu. 4503 RAYMOND C. 'Wl"LLS o.nd JOY~ C. WELT.5 Bo 375 n-mr. Page 61{) by DEED OF TRUST dated the 21st day of S!!pt ember , 1965 • and dnl7 recorded in the office of the Cottllty Clerk llll.d Recorder of the Cottllty of Ge.rfi.e lei , in the State of Colorado, on the ls t day of October 1965 , in book 370 , on page 101 , con•eyed to the Pllblio Trutee in said County of Garfi,..lrl , cert&Ul real estate in uid Deed of Trut ducribed, in tnlat to aeeun to the order of THE FJRST NATIOllAL BANK IN RIFI,E the pa)'Dlent of the indebtednea mentioned therein. As Document ?lo. 231798 A.ND WHEREAS, Said indeblednea bu been paid llll.d the pnrpoaee of said tnlllt b&Te been fully aatiafied; NOW, THEREFORE, At the Rqueet of the lepl holder of the indebte~eu aecnred by said Deed of Truat, and in consideration of the preinilea, and in further consideration of the 81lJD of Two Dollars, to me in bllll.d paid, the receipt whereof ia hereby acknowledged, I, aa the Pllblio Trutee in said County of Garfield , do bel't!by remilie, releaae and quit-elaim unto the preaent owner or owners of real estate and unto the hein, succe-n and aaigna of said owner or ownen forner, all the riabt, tiUe llll.d intereet which I ba•e in and to the aaid real estate, u mch Public Trnatee, in said Deed of Truat mentioned; and more particalarJy deecribed u follow-, to-wit : All that portion of Lot 2, Sec. 7, Tp. 6 S., R. 92 w., 6~ P.M ., described as commencing at a point 3q3 fe<>t F..a'lt of the !lorthwest corner of said Lot 2; thence East for a distance of 613 feet, following the North line of said Lot 2 . to the center of a gulch; thence following the center of said gulch in a Southeasterly direction to a point 320 feet due South of said North line, said point being on the North line of the ri~t of way of thP. Denver and Rio Grande Junction Railroad Company, the course and disto.nce be i ng South 44•29• East 446,32 feet; thence in a SouthwentP.rly direction following the North line of sai d r i ght of way to a point in the County road, said point being 430 feet due South of the point of beginning, thence North 430 feet to the place of b~ginning, all of the above tract of 1'111d exc~pt that part conveyed by quit claim deed to the Board of County Commissioners of Garfield County, Col orado, and their successors in office dated May 6, 1031 and s hown on map on file in t~e office of the County Clerk and Recorder of Garfield County , Colorado, and in the office of the Colorado Stat~ Highway Department of Federal Aid Project No. 145-C, right of way No. 30, fi l ed for record Hay 26, iq31 and recorded in Book 159 at Page 266 thereof, containing 2,437 acres. This tract of land con- veyed containing ;.e6; acres together with 1/2 share of stock in the Grand River Ditch Company with the easement for the transportation of the water r epresented by said stock certificate across the l~nd of R. C. Snyder, together with all improvements situate thereon. aituate, J.rinr llll.d beillg in the Couty of Gs.rfield and State of Colorado. TO HAVE AND TO BOLD THE SA.ME, Together with all and aingalar the pmileau and appur· tenancea thereunto belonging fontYcr. And furthlll', that the said Trn.t Deed ia, by theae preeenU.,. to b11 eonaidered u full,r llll.d ab10lutel7 releued, cancelled and forenr dimcharged. "'.' ~~fd0103 ; ·~1 WlTNESS my band and aeal, thia 3rd day of Hay , ~ ... ·:n~.~:/ c:J .• -2:;~·· . ... .... > • •• •• l>bl&v6 ~!,( (.,! b '· Wa ;F~~~si!iL'l1 ~ , .i..u....w .. ~1e..w • o.,~.r r,. r.e1a,: J. '•-...,,. ~"-. ' By ~·· •' ,,· ~.,,lilt.~···'\. f '~Y/J ~fl ~?.J" .• ~ ...... * .. BTATB OF COLORADO, County of Garfield The fonaoinr imtrnmmt wu acknowledged before me thU. 3rd day of May , 19 66 , by u the . .• Pnbli11 Trultee bi said County of Garfield , Colorado. -.l v ,, ... . _: .. ···"·"··~:1; . .:· ... · ~ Comniiaion expira"'1~mq>lrt1Fel>. JA.19 • ;·!· O 7· \ '' '; Witnea m)' band and OUicia1 Beal. ;'~" •.:.,. Q ~~~>~ ~ . ,-;·'1 '• J=-~{-1.a..Uq ;:;> Mrj (f y. I •• , 1·' • ' tf~hWIL ····'r.h' Pu~\iiTrnaue bi Mid County of Ga rfield : F ·;:·PJiue ueeute thia releu11, the indebtedAea 9eeund by the aboY11 mentioned Deed of Trnlt haYing been 'tall.1 paid.