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05/g5.l 1999 04 : 08P 81128
R lI.OO O O.OO GRRFIELD
P2O3 I'I RLSDORF
COUNTY CO
, Darrel Bond
1804 County Road 245
New Castle, Colorado 8l&7
April 8, 1999
HAND.DELTVERED
Garfield County Board of County Commissioners
109 - 8th Street
Garfield County, Colorado
Rc: ,, Garfield County and Proposed Vacation of Right of Way or Access
, Easement in Turk Subdivision
Dear Board of County Commissioners:
orl January 25, 1982, the Board of County Commissioners of Garfield County
ap,proved the final plat of Turk Subdivision submitted by John S. and Josephine L. Turk.
fire plat showed a private 'access easement' through I'otz for the purpose of ingfess and
egress to Lot 1. The Certificate of Dedication and Ownership 'dedicates for public use the
streets shown [t]hereon including avenues, drives, courts, places and alleys, the public lands
for drainagc and utility easements shown [t]hereon for utility and drainage purposeSuly.'
I have applied with the County for approval of my subdivision of L,ot 2 of Turk
Subdivision. Lot 2 contains a total of four (4) acres and I wish to subdivide it into two lots,
)A and2B. Garfield County staff informed me that it interprets the priva[e access easement
indicated on the Turk Subdivision final plat to be a public right-of-way as a result of the
above dedication language. Consequently, staff advised me that the dedicated access
easement renders L,ot 2B of my proposed Bond Subdivision to be a parcel of less than two
acres in size and, therefore, ineligible for subdivision under County regulations. Staff
recommended that I submit a request to you to have the County vacate any interest in or title
to the access easement, so that my proposed subdivision may proceed.
C.R.S. scction 43-2-301g Seq. atlows the Board of County Commissioners to vacate
any roadway, or other 'public w0],' located entirely within the County as long as the t
roadway is not within the limits of any city or town. The access easement in question lies
entirely within Garfield County and is not located within any city or town limits. "Upon
vacation, title to the roadway shall vest in the owners of the abutting land," or in this case, to
me as the sole owner of L.ot 2 of Turk Subdivision.
The access easement is not currently, nor has it ever been, used for public vehicular
or pedestrian purposes or an other public purpose. The easement only provides access for
ingress and egress to L,ot I of Turk Subdivision and was never intended to create a
thoroughfare. In fact, the access easement has never been used by members of the public
unless they stere accessing Lots I and 2 of Turk Subdivision. There would be no reasotr to Ll) '.
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County Board of County Commissioners
4t8t99
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use it for any other public
Additionally, I have paid property taxes on the full four acres of Lot 2 since I
purchased it (not only on the undedicated portion of the Lot), and my neighbors and I, not
County personnel, have maintained the easement. firerefore, there is no public purpose
serrred by ttre easement.
A draft driveway/easement agreement is auached to ensure my compliance with
C.R.S. section 43-2-n3E)(a), which requires that no deeded roadway shall be vacated so as
to leave any adjoining land without an estaUtished private access easeruent connecting that
land with a public road. By this agreement, the owners of Lots I and 2 of Turk SuMivision
intend to formalize our purposcs for the private access easement.
Thaok you very much for your courtesy and cooperation. If you have any questions,
my son and my authorized representative, Damon Bond, will attend your meeting to address
them.
Very truly yours,
D*,,I B^"-L '"'
Darrel Bond
Attachment
I{e hereby agree to and acqulesce to
thlB tto-page letter of Darrel Bond,
request and the l-egal and practlcal
the request for vacatlon as stated tn'and we understand the purpose of thls
results whlch may occur lf lt ls granted.
Dated, S/2/ ,LsssT
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1999 O4tl2? 81128 P205 l'l RLSDORF
O.OO GRRFIELD COUNTY CO
GRANT OF EASEMENT AND AGREEMENT
R 25.00 D
THIS GRANT OF EA.SEMENT A}.ID AGREEMENT is made this :TA dAY
of. May , 1999 by and between DAMON BOND Ar.lD PAIGE BOND of
Garfield County, State of Colorado (hereinafter the 'Bonds'), DARREL BOND of
Garfield County, State of Colorado (hereinafter'Bond') and WILLLAM WALKER
AI.ID JUDY WALKER of Garfield County, Starc of Colorado (hereinafter the
'Walken').
RECITAIS
A" The Bonds are the owners of fee simple title, as joint tenants, in and to all
of thc following described real property situate in the County of Garfield, State of
Colorado, to wit:
Lot 28 of the Bond Subdivision, recorded as Reception No. 309725
of the records of Garfield County, Colorado (the 'Bond Plat').
B. Bond is the owner of fee simple title in and to all of the following'o'
described real property situate in the County of Garfield, State of Colorado, to wit:
Lot 2A of the Bond Subdivision, recorded on the.Bond-Plat.
C. The Walkers are the owner of fee simple title, as joint tenants, in and to
all of the following described real property situate in the County of Garfield, State of
Colorado, to wit:
Lot 1 of the Turk Subdivision, recorded as Reccption No. 324220 of the
reords of Garfield County, Colorado (the Turk Subdivision').
D. Bond and the Walken desire to acquire from the Bonds a non-exclusive
easement to provide roadway acoess over and across a portion of the Bonds' proPerty to
and from the gravel road running along the southern boundary of Lot 2A and Lot 28 of
the Bond Plat to their respective properties as shown on the Bond PIat.
E. The Bonds are willing to grant such an easement.to Bond and the Walken
upon the terms and provisions hereinafter set forttr and to participate with Bond and the
Wutt.rr with.the maintenance of the roadway on such easement as also hereinafter
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?206 n RLSooRF
COUNTY CO
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O\/OE/ t999 O4 : lzP 81128
5 R 26.00 D O.OO GRRFIELD
provided.
F. The Bonds and the Walken desire to acquire from Bond a non-eiclusive
easement to provide roadway acoess over and across a portion of Bond's property to
an! from the gravel road runninglalong the southern boundary of Lot 2A and Lot 28 of
the Bond Plat to their respective properties as shown on the Bond plat.
G. Bond is willing to grant such an easement to the Bonds and the Walkers
upon the terms and provisions hereinafter set forth and to participate with the Bonds
and the Walkers with the maintenancc of the roadway on such easement as also
hereinafter provided.
GRANT AT.ID AGREEMENT
In consideration of the premises and the mutual covenants and agreements herein
contained to be kept and performed by the parties hereto, the sufficiency of which is
hereby acknowledged, it is agreed as follows:
1. The Bonds grant, bargain, and convey to the Walken a non-
exclusive easement for roadway access to and from Lot 1 of the Turk SubdMsion'o-
through and over Lot 2B of the Bond Plat as shown on the Bond Plat.
2. The Bonds grantr bargain, and convey to Bond a non-exclriir"
easement for roadway access to and from Lot 2A of the Bond Plat ovLr Lot 28 of the
Bond Plat as shown on the Bond Plat.
3. Bond grants, bargains, and conve;n to the Walkers a non-exclusive
easement for roadway acoess to and from Lot 1 of the Turk Subdivision through and
over that portion of Lot 18 of the Bond Plat as shown on the Bond Plat.
4, Bond grants, bargains, and convelr !o the Bonds a non-exclusive
easement for roadway access to and from Lot 28 of the Bond Plat through and over that
portion of Lot 2A of the Bond Plat as shown on the Bond Plat.
5, The easements hereby granted are to be used solely for roadway
acoess. The use of said easements shall be further restricted and limited as follows:
No parking of vehicles or equipment of any nature on the
easerhent shall be permitted, other than for purposes of
repairing and maintaining the roadway
P2O7 N RLSDORF
COUNTY CO
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03/03/1999 O4;12? 81128
O.OO GRRFIELDs R 26.00 D
The easement shall be used to serve no more than one (1)
single-family residential dwelling to be located on each parcel
served by the easement, to wiu Lot 1 of the Turk
SubdMsion, Lot 2A of the Bond Plat and Lot 28 of the Bond
Plat.
6. In consideration of the granting of the above-described easements
the parties shall share all costs of maintenance of the roadway as follows:
The Bonds, Bond and the Walken shall share equally, or
shall each be responsible for thirty-three and one/third
percent (33- ll3To) of, all maintenance and repair costs of
the fint sixty (60) feet of the easement shown on the Bond
Plat from the gravel road running along the southern
boundary of Lot 2A and Lot 28 of the Bond Plat.
The Bonds and the Walken shall share equally, or SOVo, or
shall each be responsible for fifty percent (SOVo) of, all
maintenance and repair costs for the easement north of the
above mentioned fint sixty (60) feet of said easer.lenths
shown on the Bond Plat to the northern boundary of Lot 28
of the Bond Plat.
7. Repain neoessary for any damage done to the eaiemcnt by any
party to this agreement, or that parl.ys representatives, hein, successors, familn guests,
invitees or visitors, shall be the sole responsibility of that Party.
8. If any party conducls any repairs or work on the easement, such
party agrees to rehrrn the condition of the easement to its original state following such
repain or other work.
9. Upon the execution of this Grant of Easement and Agreement by
all parties, the Bonds shall record this Grant of Easement and Agreement in the real
property records of Garfield County, Colorado, and t}e provisions of this Grant of
Easement and Agreement shall be construed as a covenant running with title to the
Bond Plat and the real property described thereon.
IN WITNESS WHEREOF, the parties hereto have executed this Grant of
3
Easement and Agreement this 3=6day of Mav . 1999.
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R 26.0o D o.oo cRRFTELD couuiv"db
STATE OF COLORADO
COUNTY OF GARFIELD
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Subscribed and sworn to before me this fday ofBond and Paige Bond.
Witness my had and official seal
My oommission expires:
STATE OF COLORADO
COUNTY OF GARFIELD
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Bond.
Subscribed and sworn ro before me urtljaay of Ap,u( ,1999 by Darrel
Witness my had and official seal
My ommission expires:
Notary Public
iltil ililt ill ililI ill]ilt llillill lllt
,043 O3lO5l1999 O4zlZP 81128of 5 R 26.00 D O.OO GRRFIELD
STATE OF COLORADO
COUNTY OF GARFTELD
. Subscribed and sworn to before me this tftay of
Walker and Judy Walker.
Witness my had and olficial seal
My oommission expires:
P2O9 1.I RLSDORF
COUNTY CO
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Notary hrblic
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P -O?Mar-23-OI 08: 23A
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(oru''i Jutoben Zl, Z0Ol
Attn: John Martin
Carfield County Board of Commissioners
lo9 8th St
Glenwood Springs, Co 81601
Gentlemen:
Pleaie let me know if any other action is necessary on my pa(t.
Thank you,
0r+-{ b;
Darrel Bond
PO Box 407
New Castle CO 81647-0407
970-984-9644
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I herpby req_u:-st that the right of wav.held by Garfield county on my
propErty at 1804 Co Rd 245 W vacatid. My jdstification forthis request is
the interference of the coryell ditch with the right of way. i
I
Gorfield County
ROAD & BRIDGE DEPARTMENT
Date: Feb.22,2001
To: Board of County Commissioners
From: Road and Bridge Department
Subject: County Road 245Basement abandonment
Sirs,
After rwiewing the map and the property site, it is my recommendation to
abandon the R.O.W. easement that is adjacent to C.R. 245,near the Bond subdivision.
This land does not serve any purpose to the county road system and is encumbered with
an irrigation ditch. I do not anticipate the abandonment to affect any future widening of
this road because the ditch and topography cannot be altered.
Respectfirlly Submitted,
902 Taushenbaush Blvd, Ste 305, Rifle, CO 81652'070 62s-8601