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5.0 BOCC Staff Report 07.06.2010
Exhibits (REVISED) — Road Vacation for County Road 165— Iron Rose Land and Cattle I, LLC, RVAC 6061 Board of County Commissioners Continued Public Hearing (7/6/2010) Exhibit Letter (A to Z) Exhibit A Garfield County Unified Land Use Resolution of 2008, as amended B Garfield County Comprehensive Plan of 2000, as amended C Application D Staff Memorandum E Staff Powerpoint F Planning Commission Minutes from Site Visit, dated November 6, 2009 G Letter from David Mead, Garfield County Building and Planning/Addressing, dated December 7, 2009 H Memo from Jake Mall, Garfield County Road and Bridge, dated December 1, 2009 1 Email from Dan Roussin, Colorado Department of Transportation, received on December 6, 2009 J Email from Bill Gavette, Deputy Chief of the Carbondale and Rural Fire Protection District, received December 3, 2009 K Email from Scott Aibner, Garfield County Surveyor, received on December 7, 2009 L Letter from John W. and Irene Tripp received on May_18, 2010 _ M Letter from John B. Wood to Don DeFord dated May 20, 2010 with attachments N Draft resolution prepared by the Applicant's representative 0 Email from John Wood to Don DeFord, County Attorney, dated June 14, 2010 P Proof of Publication and Mailing Q Addendum to Staff Memorcrndum, dated July 6, 2010 R Information forwarded from the County Attorney R (1) Maps from Garfield County Assessor R (2) Legal Description and Resolution 93-087 R (3) Deeds iiifrom parcels near CR 165 S Email from Jean Alberico, County Clerk and Recorder, dated June 17, 2010 T Resolution 77-62 with attachments from the SB 35 John Nieslanik, Jr. Exemption file U Resolution 93-087 with attachments from the SB 35 Robert Nieslanik Exemption file V Revised draft resolution prepared by the Applicant's representative, John B. Wood W Additional documentation provided by the applicant's representative, John B. Wood X ''t Aec� -) f e"/ 17(6 /!o 2 EXHIBIT BoCC 7/6/2010 TV ADDITIONAL PROJECT INFORMATION AND s MENTS REQUEST: RVAC 6061 Vacation of County Road 165 APPLICANT (OWNERS): Iron Rose Land and Cattle I, LLC REPRESENTATIVE: John B. Wood 41, I. BOARD of COUNTY COMMISSIONERS PUBLIC HEARING/JUNE 14, 2010 On June 14, 2010 the Board opened the public hearing for a request to vacate County Road 165, project file number RVAC 6061(REMINDER: Don't forget your 6/14/2010 Staff Memo), based on a request of Iron Rose Land and Cattle No. I, LLC. During the public hearing the Board heard the Staff presentation and testimony from the Applicant's Representative and members of the public. During discussion the Board requested additional historical information from Staff and continued the public hearing to July 6, 2010 to allow adequate time to search the public record for additional road and parcel information. II. ADDITIONAL ROAD HISTORY CountyStaff provides the following additional information with attachments as noted. The Exhibits listing as been revised to include Exhibits O -W in italics. County Assessor's Records (Exhibit R): Exhibit R is information forwarded from the County Attorney and includes a number of documents. The Garfield County Attorney will submit a correspondence by separate confidential memo for Exhibit R. Exhibit R (1) The County Assessor's office provided a parcel map in the area of CR 165. The map does not identify CR 165 along the parcel boundaries of the proposed road vacation. The aerial map overlay does illustrate the location of the roadway on the ground. Exhibit R (2) The Assessor's Office also sent a legal description. and Resolution 93-087 describing the approval of an Exemption Plat of Robert Nieslanik. The Exemption Plat parcel is identified in the application for road vacation as the "Caudill parcel" with further discussion on the exemption below. Exhibit R (3) This is a collection of deeds for various parcels in the area of CR 165 located in portions of the various Government Lots. The deeds describe the parcel boundaries, development covenants, and in places where the deeds are legible, a private roadway. Some of these deeds are replicated in Exhibit V submitted by the applicant's representative. Garfield County Clerk and Recorder (Exhibit S): Exhibit S is an email for the Jean Alberico, Garfield County Clerk and Recorder, reporting on the lack of minutes related to Exemption Plats near and around CR 165. Planning Subdivision Files (Exhibit T and U): Two Exemption Plats were identified in the CR 165 area; one for John Nieslanik Jr. in 1977 and one for Robert Nieslanik in 1993. The Exemption for John Nieslanik Jr. (Exhibit T) was approved by the Board on the 18th of July 1977 in Resolution No_ 77-62. The parcel is located west of the CR 165 intersection with CR 111 and the CR 165 right-of-way is adjacent along the north parcel line running in an east/west direction. The roadway is labeled as "access road". The Robert Nieslanik Exemption (Exhibit U) was approved by the Board on the 22❑d of September, 1993 in Resolution No. 93-087. The Plat map clearly shows the parcel adjacent to CR 153 on the south with an access road (labeled "roadway as built/30 foot r -o -w) along a northwest parcel line. This exemption parcel is now identified in the road vacation application as the "Caudill parcel". Additional Documents from the Applicant (Exhibit W}: This exhibit is a compilation of documents from various sources, some of which are noted above, including deeds, Board Resolutions, a Title Report, photos, and various maps. Many of the deeds refer to older road names for CR 111 as the Dinkle Lake Road (now Prince Creek Road). CR 153 is used often for descriptive purposes in the deeds when appropriate whereas "assess road" is used for what is later titled CR 165. By reading the various deeds it's apparent that the older deeds, prior to 1993, frequently refer to an "access road", now labeled as CR 165. On more current deeds a parcel is described with a survey legal description but in some cases referred to by address number on CR 165. Some of the older deeds are difficult to read due to the method of copying. The applicant's representative includes a number of Garfield County Road Maps (tab 14) in this exhibit and argues that CR 165 was not shown on official maps until 1976 where most of the deeds for numerous parcels refer to the "access road" as a privately owned and maintained right-of-way. III. STAFF CONCLUSIONS A search of the public record, Planning Department files, and additional documentation provided by the applicant's representative suggest that CR 165 was not identified as a public road until 1976 when it was included on the official Garfield County Road Map. Most notable is the width of the roadway at 30 feet whereas most county roads in the area are shown at the more typical 60 foot width. The Planning Department files for area Exemption Plats in 1977 and 1993 do show the roadway as a 30 foot access easement and only recently have deeds referred to parcels with a CR 165 address. It appears that the request for vacating CR 165 does meet the criteria listed in the Unified Land Use Resolution of 2008 (ULUR), Section 4-110 (E), for approval based on the documentation in the public record and provided by the applicant. In addition, the referral comments from Garfield County Road and Bridge (Exhibit H) clearly state that CR 165 is not maintained by Garfield County and it appears to be a private road. It's not clear how CR 165 changed in 1976 to warrant inclusion on the "official" map of Garfield County Roads. The roadway, as described in the various deeds and other documents noted above, is 30 feet wide and not maintained by Garfield County. Staff recommends approval of the vacation request unless the Board, under their authority of the ULUR in Section 4-110 (E) (4), "... shall not be deemed to preclude the BOCC's denial of a petition or application to vacate a county or public road right-of-way for other reasons ", decide to deny the request based on testimony before the Board. 2 ire RECORDEi452841 STATE OF COLORADO) R - # )ss County of Garfield 800X0876 'Ar 345 O'CLoc Kg- M_ P 2_3 1993 MILDRED ALSD3RF; COUNTY CLERK, At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Commissioners' Meeting Room, Garfield County Courthouse, in Glenwood Springs on wednesday the 22nclof September A.D. 1993 , there were present: Elmer (Bucket') Arbaney , Commissioner Chairman Arnold L. Mackley , Commissioner Marian I. Smith , Comrni.sioner Don DeFord , County Attorney Mildred Alsdorf , Clerk of the Board Chuck Deschenes , County Administrator when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 93-087 A RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE GARFIELD COUNTY SUBDIVISION REGULATIONS FOR ROBERT NIESLANIK., WHEREAS, ROBERT NIESLANIK petitioned the Board of County Commissioners of Garfield County, Colorado, for an exemption from the definition of the terms "subdivision" and "subdivided land" under C.R.S. 1973, 30-28-101 (10) (a) -(d), as amended, and the Subdivision Regulations of Garfield County, Colorado, adopted April 23, I984, Section 8:00 through 8:60 and for the division ofa 140.16 acre tract as described in Book 842 Page 332 as filed in the Offices of the Clerk and Recorder of Garfield County, Colorado, into two parcels of approximately 3.53 and 136.63 acres in size, more or less, with the exemption parcel more practically as follows: Lot A (see attached) (in the State of Colorado and the County of Garfield); and WHEREAS, the Petitioners have demonstrated to the satisfaction of the Board of County Commissioners of Garfield County, Colorado, that the proposed division does not fall within the purposes of Part 1, Article 28, Title 30, Colorado Revised Statutes 1973, as amended, for the reason that the division does not warrant further subdivision review; and WHEREAS, the Petitioners have demonstrated to the satisfaction of the Board of County Commissioners of Garfield County, Colorado, that there is a reasonable probability of Iocating domestic water on each of said parcels, that there is existing ingress and egress to said parcels, that the location of septic tanks will be permitted by the Colorado Department of Health, that the requested division is not part of an existing or larger development and does not fall within the general purposes and intent of the Subdivision Regulations of the State of Colorado and the County of Garfield, and should, therefore, be exempted from the definition of the terms "subdivision" and "subdivided land" as set forth in C.R.S. 1973, 30-28-101 (10) (a) -(d), as amended; and BOOX08 f 6 H4Xi 4.6 NOW. THEREFORE, BE IT RESOLVED that the division of the above described parcel A from the 140.16 acre tract is hereby exempted from such definitions and maybe conveyed in the form of such parcels "A as is more fully described above and that a copy of the instrument or instruments of conveyance when recorded shall be filed with this Resolution. Dated this 2?nri day of September , A.D. 19 93 . Ai ZEST: Cie . of the•Board C' i„ . 4 . Upon mosti ii duly made and seconded the foregoing Resolution was adopted by the following vote: a GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFIELD COUNTY, COLORADO Chairman Elmer (Buckey) Arbaney Arnold L. Mackley , Aye ,Aye Marian I. Smith , Aye STATE OF COLORADO ) )ss County of Garfield ) County Clerk and ex -officio Clerk of the Board of County Commissioners, in and for the County and State aforesaid, do hereby certify that the annexed and foregoing Resolution is truly copied from the Records of the Proceeding of the Board of County Commissioners for said Garfield County, now in my office_ IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed the seal of said County, at GIenwood Springs, this day of , A.D. 19 . County Clerk and ex -officio CIerk of the Board of County Commissioners LEGAL DESCRIPTION (PARCEL BEING CREATED) '�(3 i 6; NGf J 1 B00i( A tract of land situated in Lot 1 of Section 11, Township 8 South, Range 88 West of the 6th Principal Meridian. Garfield County. Colorado. being Northeasterly of the Northeasterly right-of-way Fine of Garfield County Road No. 153 as built and in place and being more particularly described as follows: Beginning at a point on said Northeasterly right-of-way line whence a stone found in place for the Northwest Corner of said Section 11 bears N 37°58'05" W 954.65 feet; thence N 46°2831" E 241.34 feet; thence N 76°58'49" E 88.12 feet; thence S 00032'31" E 42.48 feet; thence S 54°45'14" E 27.18 feet; thence N 7601p'49" E 135.87 feet; thence S 67023'37" E 86.28 feet to a point on the Southwesterly right-of-way fine of a 30 foot wide roadway as built and in place; thence along said Southwesterly right-of- way line on the following three courses: S 66°25'30" E 37.73•feet; thence 111.89 feet along the arc of a 124.40 foot radius curve to the right, the chord of which bears S 40039'30" E 108.15 feet; thence S 14°53'30" E 40.27 feet; thence leaving said Southwesterly right-of-way line on a course bearing S 56°36'45" W for 431.54 feet to a point on the Northeasterly right-of-way line of said County Road No. 153; thence along said Northeasterly right-of-way line on the following 4 courses: N 45009'21" W 26.79 feet; thence 68.82 feet along the arc of a 245.42 foot radius curve to the left, the chord of which bears N 53°11'22" W 68.60 feet; thence 132.33 feet along the arc of a'316.96 foot radius curve to the right, the chord of which bears N 49°15'44" W 131.37 feet; thence N 37°18'06" W 126.48 feet to the point of beginning, containing 3.53 acres more or less. O/G.3- )/-0o- 0 S A tract of land situated in Lot 1 of Section 11, Township 8 South, Range 88 West of the 6th Principal Meridian, Garfield County, Colorado, being Northeasterly of the Northeasterly right -of' --way line of Garfield County Road No. 153 as built and in place and being more particularly described as follows: Be finning at a point on said Northeasterly right-of-way line whence a stone found in place for the Northwest Corner of said Section 11 bears N 37°58'05" W 954.65 feet; . thence N 46^28'31" E 241.34 feet; thence N 76°58'49" E 88-12 feet; thence S 00°32'31" E 42A8 feet; thence 5 54°45'14" E 27.16 feet; thence N 76010'49" E 135.87 feet; thence S 67°23'37" E 86.28 feet to a point on the Southwesterly right-of-way line . of a 30 foot wide roadway as built and in place; thence along said Southwesterly right -of- - way line on the following three courses: S 66°25'30" E 37-73 feet; thence 111.89 feet along the arc of a 124.40 foot radius curve to the right, the chord of which bears S 40°39'30" E 108.15 feet; thence 5 14°53'30" E 40.27 • feet; thence leaving aid Southwesterly right-of-way line on. a course bearing S 56°36'45" W for 431.54 feet o a' point on the Northeasterly right-of-way line of said County Road No. 153; thence.=ong said Northeasterly right-of-way line on the following 4 courses: N 45009'21" W 26.79 feet; thence 68.82 feet along the arc of a 245A2 foot radius curve to the left, the chord of • which hears N 53-11'27 W 68.60 feet; thence 132.33 feet along the arc of a 316.96 foot radius curve to the right. the chord of which bears N 4915'44" W 131.37 feet: thence N 37^ 18'06" W 126.48 feet to the point of beginning, containing 3.53 acres more or less. -- E co W n 43199Q1 N J V) N P..ecorried a1..._-_',7-_ :._ i _ 17 ht MSEP ' FecaptJ nNo..."-.'.,!.:?......,..t:'"-_2' _ i lra. edAladora, Fieoor4ar 0 7 1979 Wa aan+ geed KNOW ALL MEN BY THESE PRESENTS THAT JOHN FRANK NIESLANIK, First Party 0979 101 Road BOOK 534 F,#Gr e 42 JR. and CECELIA LETEY NIESLANIK . P.U. Box or Street Address Carbondale, CO 81623 City State Zip • RECORDER , _ ...; ; SEP 71^7 sT�'-E i t9kiFeIrttY r: rr * 0 a Colorado Corporation o a Partnership ' ❑ a Limited Partnership for and in consideration of ten dollars and other valuable considerations, in hand paid, hereby sells and conveys to CHARLES P. VERMEYEN and MARGARET VERMEYEN *L individually Second Party ® joint tenancy 0070 Cherry Lane • 0 tenancy in common P.O. Box or Street Address 0 a Colorado Corporation Basalt, CO 61621 ❑ a Partnership City State Zip 0 a Limited Partnership the following described property in the County of Garfield and State of Colorado: See Exhibit "A" attached hereto and by reference incorporated in and made a part hereof. with all its appurtenances and warrants tctle to the same, except and subject to general property taxes for the current year, U.S. patent reservations and exceptions, any and all easements and rights of way of a public or private nature, planning, zoning and other governmental rures and regulations and prior oil, gas and other mineral reservations and exceptions, if any, SIGNED thisqq �.._ day of,�� -c .0 1, to ///' a4 ank N ni _Jry �recelia.Late N est nak STATE OF COLORADO • j ss. COUNTY OF GARFIELD The foregoing instrument was'acknowledged before me this '7 day of 19 79 by John Frank Nieslanik, Jr. and Cecelia Letey Nieslanik. ary Public 8QOK 5a4 PdCE 43 EXHIBIT "A" STATE OF COLORADO - COUNTY OF GARFIELD ' A parcel of land situated in Sections 2; 3, 10 and 11, T. 8 S., R. 88 W., 6th P.M., lying Northerly of the Northerly right-of-way of County Road No. 111, being more particularly described as follows: -Beg i g- at the compleo. sec.t-i-c xz core to &arid Seco,n7s 2, 3, 10 'and 11,_a rock found is pta. e, thence N. 26'21'00" E. 5. 87 rfcct to xo n -E .on tl�t>-So z �iw�sterly r -iglu -of way o a -pr; vat2-•r-0ad-}•-as eor-tstr -cted-and lie-Za-1 s.a, the."True"" lioimt of Begnnri-mg; thence S. 7.6°53'30" s.a.ad_s i.4. •r• gki may; thence 49.24' Lcc along a 'curve to the left, having a radaxs of 115.60't and chord which bears S: 89'05' 45" E. (48_S7' Lee.t a ri a -i -c44 -S t ae•s-Re-r y r.}gh o .way; thence N. 78°4 '00" E. 9,72 P Lee,t Snnt.h-wo.:,tt-er1•v ri-ght-of way; thence 59.92 gset along a curve to the right, having. a radar of.65.85'5t and chord which bears S. -88°41' 25" E. 57-.88' axe szd--Sp3�+hwPs.i Pr��r -i.giLt..:.o.f-way; thence S. 49°09'30" E. 54.69'eek a sci-fi Sts413•we5 e-r-iy Ligh ;"Way; thence 39.48 feet along a curve to the left, having a racli € of 198:98'5eet and. chord which bears S. 54'50'30" E. 39.41' ee.t �e1.-.3-o.u.tha t-e-r-ly r-a.c .t.=sof.-:.w&y; thence S. 60°31'30" E. 164.59' fact Z^mgm.sad . Se hw.e•stPrl y.. +--^G ;: ; thence 128.54' Lse4 along a curve to the right, having a rad of 111:40'fca'L and chord which bears S. 27°28'12" E. 121.-53' font5e*-ithwcot-e Yy-- r4:rrh- air;• thence S. 05°35'05" W. 112.641feet Seut,kweste-1 -z girt: -cam warn; thence 123.84 Eee-t along a curve to the left, having a rad of 377.32'f-eet- and chord which bears S. 03°49'05" E. 123.19! feet a G -..tinierSei&t.hwes4enIy n of-- Wa ; thence S. 13°13'15" E. 55:68 fejt a g,.caid Hotruthwesterlgt-e-f-way;..thence 33. 04' feet along a curve to the right, having a rad.; of 74.-37'fect and chord -which bears S. 00'29'36" E. 32. 77' ;tet a g- said Soutiawes y r -Wight -of -way- to a p� steric? Corin-ty--Reed No. 1-N1-,Ner-t.Si.eK3,y- h't 9-wa ; thence,,g ,.i ck.,..S.oat.hw ste-r-Iy-z• -g- t---e-f- a , N. 77'45'57" W. 15.00' away-sai-Nek-r•ttrer.l i t o --way; thence N. 33°16'4_5" W. 24.93-ea'�xg sa-idr-Nnrt-heLly cg} -i- o --way; thence N. 41'35'13" W. 222.70' aa-ens-'sai"d Ne tlae-rly sigh -o -f wa r; thence mid-g-sa~i North rrghf•- N. 01°33'00" W. 154.36' ta, a -.mel -, an1.rap_,1 glace; thence N. 71°25'00" W. 399.40' t tra-.a reba-r and cap-• i.aee; thence S. 11°14'00" W. 115..77'Leet te..-a-po nt m said. Ner .herl-ght.-of-wav; thence N. 83°36'09" W. 241.631 fcot along -maid iQtlierlight-off-way; thence N. 72°41' 55" W. 132.08 tf cot alp.g-..se er •o-ri ier-1-y--r-igh-t- a-f---wa- ; thence, 32-eartrirxg-sa&d7Nc ther'iy--eight-dam•-waw, N. 15°12' 46" E. ' 60.37 t a•xeniga----fence--as--•eonstruct-ed--and--i-a-•-g3-ace; thence N. 02"41'48"E. 25.•74 ee a�o�ag. sa .f-e*e; thence N. 22°54'14" E. 155:71. deet _a4e.A a4.d f -en -e; thence N. 14'30'44" W. 41.22' .ePe ag,an.g-sa d --fence; thence N. 50.°34'52" E. 279.37'; fact ng -sa d ence--arid,--said-te:rce--exten-de-d; thence 5. 19°15'56" E, 55.59' fico -a p ora- said -pate --woad S&I.W.A:roNl--right of- ey, thence 151.52'eet along a curve to the left, having a raa of 127.22' %t and chord which bears S. 36°36'53" W. 142.72'Leet a .ir e444.-5authwee-tes y r4 , =-_of ay; thence 91:96 £eet along a curve to the left; having a radkis. of 66:37 'f'.epet and chord which bears S. 37°11'40" E. 84.78` ; thence S. 76°53'30" E. 185.77' f'ee•L al-angrsa •d-Southwe.ste ly- ; glyt- 5OOK -534 PAGE744 of -way to the 'True'` P_e47nt of B,e tt-rri-rrg-, corr a ring -5:25 - aer�s, �nore-or Ips. _ -Wogether with a non-exclusive easement for pxivate.toad and utiility access purposes', being 30 -'feet in width, lying Northerly ,and Easterly of: -and adjacent and parallel to the Northerly and Easterly bbundary of the above-described property, from said County Road NO. 111 to a point whence the aforesaid "True".Point of Beginning bears 151.52 feet alonga curve to thei'left, having a radius of 127.22 feet and chord which bears S. 36°36'59" W. 142.72 feet along the aforesaid Southwesterly right--of--way; thence 91.95 feet along a.curve to the left, having a radius of 66.37 feet and chord which bears S. 37°11'40" E. 84.78 feet .along said Southwesterly right-of-way; thence S. 76°53'30" E. 185.77 feet along said Southwesterly right-of-way. -2- 00 N 0 0 0 lk N N • H c' 9.`3~ so k.ecorded at. _u'eiocL. h•T., Reception No._ .recorder. B00kt '-00 Page 551 THIS DEED, Made this 29th day of March ,19 68 between John Frank Nieslanik Jr, and Cecilia Letey Nieslanik of the County of Garfield and State of Colorado, of the first part, and John 1P. Tripp and Irene M. Tripp, *As joint to survivorship, and not as tenants is common of the County of Garfield and State of Colorado, of the second part: WITNESSETH, That the said part ies of the first part, for and in consideration of the sum of Ten Dollars and other good and valuable consideration DRICCOSEEX to the said parties of the first part in hand paid by said part les of the second part, the receipt whereof is hereby confessed and acknowledged, baVe granted, bargained, sold and conveyed, and by these presents do graft, bargain, sell, convey and confirm, unto the said part iesyf the second part, the irheirs and assiggns for- ever, all the following described lot or parcel of land, situate, lying and being in the County of Garfield and State of Colorado, to wit: See Exhibit "A'! attached hereto, and hereby incorporated. /42- STATE / STATE EOCGtiEiTARY EEE MPR i - I�tib `'t ants, with right 045 , Ce / f /V/"- 7 poo - _.'..r•!. Z -RI: -._.__ ............... LAND BOOK r" oCK E0014 TOG-HIRAR. with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the said parties of the first part, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and descniled with the appurtenances, unto the said part les of the second part, their heirs and assigns forever. And the said part ies of the first part, for themelves heirs, executors, and administrators, do covenant, grant, bargain, and agree to and with the said parties of the second parttheilleirs and assigns, that at the time of the ensealing and delivery of these presents, they are well seized of the premises above conveyed, as Of good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and ha ve good right, full power and lawful authority to grant, bargain, sell and convey the salve in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments and encumbrances of whatever kind or ) nature soever. But subject to Reservations, Exceptions and Protective Covenants specified in Exhibit 'rA". and the above bargained premises in the oi et and peaceable possession of the said part ieS of the second part, their - heirs and assigns against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the said part ies of the first part shall and will WARRANT AND FOREVER DEFEND. ENT WITNESS WBEREOF, the said partieS of the first part ha ve hereunto set theirhands and seal -S the day and year first above written. =`k.,.��lr� _Z��.SI :A= :�4 SEAL) STATE OF coLQEADO County of pp t K,E The foregoing instrument was :ac',so'ledged before me this 194,ock ,byToljti vaAr4,. .'sw su ti Flea. "a....1. -.l+ . cec.ap. My cammission.expirs A 4MYCgi a r*ron ( 7..e 2� 4� day of 6 l2wbX. 8'0 exPl*an.oct. 11,197/ 19 . Witness my hand aaeaffricin • 110- 932. WARRANTY SIDED—For Photaernphie Reeori—Bradford Publishing Co., 1524-4c Stour Street. Denver. Colocedo xrn o.p 00 xr:;no { ^rria 1 .nr•r 1:Oil_`,1 Recorded at 9:14 A.M. Reception No. 243067 April 3, 1969 Book 400 Chas.S.Keegan,Recorder. Page 549 EXHIBIT "A" TO MARCH 29, 1969, DEED FROM NIESLANIKS TO TRIPP'S A tract of land in t e Sa of the SEi (Lot 18) of. Section 3; and the SW4 of the S (Lot 17) of Section 2, all lying in Township 8 South, Ran a 88 West of the 6th Principal Meridian, described as follows: SA./D P 44 L T A Por Al T }e4r� at.,The 3 uiJacast o- —me f4tiw l the SW corm ofid Sect. 2 bears 5 55°17'.W 48.18` i=i; thence N 76°53'30" .W 181 34'. Cit ; thence N 54°15T54" W 77. 11' int ; the..,., c a long the i arc of a 49°42'43" degree curve to the right 133.31', which arc subtends a chord bearing N 35°38'12" E 126.09' ' fec-t; tBence N 68°47'48" E 203.96'fee.t; thence 8 05°19'06" W 263.50' e.e t to the pe3.at of beg xg. cell-t.-a-rng 't J f Together with all improvements situate thereon, and f /I %,, together with an easement or right--of-way, in joint use, ,y for ingress and egress to the above described tract from Ii" %Dinkle Lake Road over and across a roadway as now con- .�,� structed and in place; provided, however, that the burden of maintaining any road is agreed to rest upon the holders Of benefit from said easement; Excepting herefrom a prior reservation of an undivided one-half (i) interest in and to all oil, gas, hydrocarbon and other minerals in and under the above described tract, as set forth in deed recorded as Doc. No. 201137 of Garfield County records; Subject also to rights-of-way reserved in United States, patent in Book 12 at page 565 of records of Garfield County; and any other reservations and rights-of-way of record. And reserving unto Sellers all surface waters and surface water rights; Subject also to following restrictions and protective covenants; 1. The land conveyed shall be used for residential purposes only. The term "residential purposes" as herein provided shall be held and construed to exclude hospitals,apartment houses, commercial uses, professional uses.Only one single-family dwelling, together with buildings or structures appurtenant thereto, including one garage for not more than three cars, shall be constructed ion the property conveyed. No metal roofs, asbestos or aluminumisidingor mobile homes (trailer houses) shall be allowed. 2. Any and all buildings shall be set back thirty feet from the tract boundary lines. 3. Any animalskept by the Buyers or their successors shall be kept under Control and shall not be allowed to con- stitute a nuisance to adjoining properties. O O r JX Book 4-00 Page 550 4. No trash shall be burned on the property. 5. Any residential septic tank system for sewage disposal shall be constructed (1) in accordance with the rules and stan- dards formulated by the Water Pollution Control Commission of the Colorado State Department of Public Health, as published March 11, 1968, and (2) only upon the approval of said state . authority. In the event the Water Pollution Control Commission revises the standards for septic tank systems, it is agreed that any existing septic tank system will be brought into conformity with the revised standards within a reasonable time, and that the revised rules and standards will thereafter apply to any septic tank system constructed on the lands conveyed herein; 6. Buyers undertake to construct and maintain a statutory • fence enclosing the above described lands. 7. Subject to general property taxes for 1969 and subse- quent years. The foregoing restrictions and covenants shall be binding upon Buyers, their heirs, representatives, and assigns and shall run with the land. _2_ I. 6 c N I) 0 2 l., R 1", Lu m N 1.17 %1-25 ILecorded an .4 "'" o'clock, tsS. _. y t. V= _.— s,252451 Ella Stephens, 72 Iteceg:nn No. Recorder. DEED, Made this 28th day of January 197 2 , betwec JOHN FRANK NIESLANIK, JR. and CECILIA LETEY NIESLANIK !'COkz'S STAMP J N.r 3 '072 Q✓..... of the County of Ca r -r- ie ld and State oft Colorado, of the first part, and WALDEMAR A. IYIN17,7R and MARY JANE WINKLER C /e,1 -Q del S ?f • VA•L T Gu:•: of the County of Ga r f ie id and State of Colorado, of the second part: I WITNESSETH, that the said part of the first part, -for and. in consideration of the sum of Ten D0ilars ($1.0.00) and other good and valuable considerations I; to the said partiesof the first part in hand paid by the said parties of the second part, the receipt whereof is hereby confessed and aetmowledged, ha ve granted, bargained, sold and conveyed, and by these presents do ji grant, bargain, sell, convey and confirm unto the said parties of the second part, their heirs and assigns forever, not IJ in tenancy in common but in joint tenancy, all the following described. lot or parcel of land, situate, lying and iiI n being the County of Garfield and State of Colorado, to wit: See Exhibit A attached hereto and • incorporated herein by this reference. I ilII ,I ij !�i TOGETHER with ail and singular the hercdita eaats and appurtenances thereento belonging, or M. anywise i1 appertaining, the :-eversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest claim and demand whatsoever of the said part 15 S of the first part, either in law or eanity, of, in and to the above bargained premises, -with the hereditaments and appurtenances. 1i TO FLAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the said 1� parties of the second part, their heirs and assigns forever. And the said partieSof the first part fortheft sea Ves , the 1l eirs, executors, and administrators do covenant, grant, bargain and agree to and with the ,aid parties 1 1 of the second part, their heirs and assigns, that at the time of the ensealing and delivery of these presents they ar i!. well seized of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance, in Itlaw, in fee simple, and have good right, full power and Iawfnl authority to grant, bargain, sell and convey the same in P. manner and form aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, Iiens, ind xcept ta_ves, assessments mad brances of whatev or nature soever, 11 reservations, exceptions andkcovenants seteforth indattached Exhibitil IS A. (• 11 1 and the above bargained premises in the quiet and peaceable possession of the seld.parties of the second part, their heirs it I' and assigns, against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the said II part ie9f the fist part shall and will WARRANT AND FOREVER DEF.I ND. '1 .1 IN WITNESS WHEREOF the said part ies of the first part have hereunto settheiIand s and I' i seat. the day and year first above written. -I. i/ I' Signed, Sealed and Delivered in the • Presence of �� e• ta.-...4,0:(7,-3.6:.-22:v.LSSA —MEAL] II cTohu Frank Iii esYanik, Jr. f)`�.eslanik • ' ,l 11 • 1 • ,I I I ii 11 `I --7Z./../:1...- . i ?+'otozr puN.io. ii 11 IL- ii Ii STATE OF COLORADO, ss. County of Pitkin Ceceliae 'I _.;,FIe fF?;gbsng instrument was acknowledged before me the 28th day of January -4-;"-5y.s5";J6:F?m Frank Nieslanik, Jr. and Cecilia Letey Nieslanik. _ .Ky' eh n� iswioII ~^ ermissien expires ' sertness re A ri 26, i:� y hand and official seaL I No. 3'23.rA tz.ANrr Davy—xs point r,asnt,. abliradrord rbc,.a Co 113.24-U Stant a t Street. D.cr: Co3oraao `l i •' ,.. •+zteret person or persons here Insert Herne or names; If by person act E.yt.!n rehrevant:0:t:, or arnica! ca .s&ty or es EX4IBIT "A" TO JANUARY 28, 1972, DEED FROM NIESLANIKS TO WINKLERS Book 426 Page 573 A parcel of land situated in Lot 17 ection Township 8 South, .Range 88 Wes of the Sixth Principal Meridian,` -said parcel of land being described as follows: Bea�g at a point whence the Sowet=t Cort of ' Secy 2 bears S.55°17'00"W_4S.1S'-fcct;. jorE thence N.05'19'06"E..263.50'5-eco;-thence N.79'21' tk . 05"E. 143.28'lect; thence 3.89°38'26"E 1I3.2lJ f e-�; thence os 0 29x19"E. 309.92 thence N.73°08' 18"W. 122=67'f ct; thence 5.79'17'38"W. 110.49'fe t, thence 1 3°02'54"W_ 55.53' e to the po4.4 of c Carf_eld'— • • 11• - • Together wa11 improvements situate thereon, and .together th an easement or right-of-way, in joint .use, for ress and egress to the ab've described tract from Dink e a -k Road over and across a road- --way as now constructed a d in place; Excepting berefrom a for reservation of�an undivided. one-half (I) interest and to all oil, gas, by °carbon and other minerals in a under the above described tr-ct, as set in deed forth d dd d D 201137 f Garfield ounty records recc,,Tts -of -way reserved i pr ded. Doc. of Subject also L nited States patent in Book 12 at page --565 of records of arfield County; and any nthc;r: reservata.c,tas a ?d rights -of --w y of record. And reserving unto-ellers all surface waters and surface water rights; Subject also covenants; 7 poses only. The term "resi shall be held and construe4 houses; commercial uses family dwelling, toge tenant thereto, inc cars, shall be con roofs, asbestos oxo houses) shall be a The land o following restrictions nd protective conveyed.,shall be used for residential pur- ential purposes" as/herein provided to exclude hospital`s, apartment /professional uses. Only one•single- er with buildings or ,tructures appur- ding one garage for not more than three tructed on the property/conveyed. No metal aluminum siding or mobile homes (trailer . 1,awed. 2. Any and all bu'ldings shall be st back thirty feet from the tract boundary lines. 3. Any anima kept by the Buyers or heir successors shall be kept under control and shall not be allowed to con- stitute a nuisance to adjoining properties. 4. 'No trash shall be burned on the pryperty_ 5. Any residential septic tank system for sewage disposal shall be constructed (1) in accordance w,th the rules and stan dards formulated by the Water Pollutioa'Control Commission of Book 426 Page 574 the Colorado State Department of Public Health, as published March 11, 1968, and (2) only upon the approval of said state authority. In the event the Water Pollution Control Commission revises the standards for septic tank systems, it is agreed that. any existing septic tank system will be brought into conformity with the revised standards within a reasonable time, and that the revised rules and standards willthereafter apply to any septic tank system constructed on the lands conveyed herein. 6. Buyers undertake to construct and maintain a statutory fence enclosing the above describe lands. 7. Subject to general property taxes for 1972 and'subse- quent years. The foregoing restrictions and covenants shall be binding upon Buyers, their heirs, representatives, and assigns and shall run with the land. -2- Tom Veric From: Jean Alberico Sent: Thursday, June 17, 2010 8:55 AM To: Don DeFord Cc: Deborah Quinn; Tom Veljic; Fred Jarman Subject: RE: EXHIBIT We've done research of the minutes and there was very little information other than the board approval for the Caudil exemption. We looked in the old resolution books for the time frame John and Cecila Nieslanik transferred property to the Vermeyans and Winklers and did not find that these transfers went through the sub division exemption process. Marian did find in our files old HUTF reports that show a very small portion of county rd 165 being reported. Marian's out today so l don't know if she's sent this information to you. Jean From: Don DeFord Sent: Wednesday, June 16, 2010 5:27 PM To: Tom Veljic Cc: Fred Jarman; Deborah Quinn; Jean Alberico Subject: Tom attached is the last document I received from the Assessor's Office. It is listed as the Caudill exemption, although have some doubt that is accurate. The other deeds and plats should be included in the record and provided to the BOCC petitioner, but hold this for further confirmation. The Petitioner should also supply all documents supporting its title opinion and statements to the extent those documents relate to current title to 165. Finally, I have asked the Clerk' Office to search for minutes on 165 and all exemptions relating to the parcels on 165, but have not received any additionally information. I think that should cover the BOCC request for more information on the 165 Petition, but feel free to add documents. Don K. DeFord, Garfield County Attorney CONFIDENTIALITY STATEMENT: This message and any attachments are confidential and intended solely for the use of the individual or entity to which it is addressed. The information contained herein may include protected or otherwise privileged information. Unauthorized review, forwarding, printing, copying, distributing, or other use of such information is strictly prohibited and may be unlawful. If you have received this message in error, please notify the sender by replying to this message and delete the email without further disclosure. 1 RESOLUTION 7-(o 2 - WHEREAS, WHEREAS, JOHN NIESLANIK, Jr. has petitioned the Board of County Commissioners of Garfield County, Colorado, for an exemption under C.R.S. (1973) Section 30- 28-101 (10) (a) - (d) as amended, and the Subdivision Regulations of Garfield County, Colorado, adopted September 1, 1972 and amended April 14, 1975, Sections 1.02.17 (d) and 3.02.01, for the division of a 4.32 acre tract of land into two tracts of 2.10 and 2.22 acres, more or less, and more particularly described as follow: A parcel of land situated in Lot 18 of Section 3, Lot 1 of Section 10, and in Lots 1 and 2 of Section 11, all in Township 8 South, Range 88 West of the Sixth Principal Meridian, lying Northerly of the Northerly right-of-way fence of County Road No. 111, Easterly' of a fence as constructed and in place, and Southwesterly of the Southwesterly right-of-way line of an access road, said parcel of land is described as follows: Beginning at a point in Lot 1 of said Section 10 whence the Section Corner common of Sections 2, 3, 10 and 11 in said township and range bears: N. 26° 21' 00" E. 128.78 feet; thence S. 110 14' 00" W. 115.77 feet to a point in said right-of-way fence; thence N. 830 36' 09" W. 241.63 feet along said right-of-way fence; thence N. 72° 41' 55" W. 132.08 feet along said right-of-way fence; thence N. 15° 12' 46" E. 60.37 feet along a fence as constructed; thence N. 02° 41' 48" E. 25.74 feet along said fence; thence N. 22° 54' 14" E. 155.71 feet along said fence; thence N. 14° 30' 49" W. 41.22 feet along said fence; thence N. 84° 24' 04" E. 119.64 feet to a point on the Southwesterly right-of-way line of said access road; thence along the Southwesterly right-of-way line of said access road 133.53 feet along the arc of a curve to the left, having a radius of 96.37 feet, the chord of which bears: S. 37° 11' 43" E. 123.10 feet; thence S. 76° 53' 30" E. 236.77 feet; thence 91.57 feet -along the arc of a curve to the left, having a radius of 214.94 feet, the chord of which bears: 5. 89° 05' 45" E. 90.88 feet; thence N. 78° 42' 00" E. 27.77 feet; thence 37.80 feet along the arc of a curve to the right, having a radius of 41.54 feet, the chord of which bears: S. 75° 13' 45" E. 36.51 feet; thence S. 49° 09' 30" E. 54.69 feet; thence 68.53 feet along the arc of a curve to the left, having a radius of 228.98 feet, the chord of which bears: S. 57° 43' 56" E. 68.27 feet; thence S. 660 18' 22" E. 132.49 feet; thence 120.96 feet along the arc of a curve to the right, having a radius of 96.40 feet, the chord of which bears: S. 30° 21' 29" E. 113.18 feet; thence S. 05° 35' 05" W. 112.64 feet; thence 128.77 feet along the arc of a curve to the left having a radius of 392.32 feet, the chord of which bears: S. 030 49' 05" E. 128.19 feet; thence S. 130 13' 15" E. 55.68 feet; thence 26.37 feet along the arc .of the curve to the right, having a radius -of 59.37 feet, the chord of which bears: S. 000 29' 39" E. 26.16 feet to a point on the Northerly right-of-way fence of said County Road; thence N. 330 16' 45" W. 24.83 feet along said right- of-way fence; thence N. 41° 35' 13" W. 222.70 feet along said right-of-way fence; thence N. 010 33' 00" W. 154.36 feet; thence N. 71° 25' 00" W. 399.40 feet, to the point of beginning. The above described parcel of land contains 4.32 acres, more or less. WHEREAS, the Petitioner has shown to the satisfaction of the Board of County Commissioners of Garfield County, Colorado, that he desires said exemption for the purpose of re -sale into single-family residential acreage; and, WHEREAS, the Petitioner has demonstrated to the satisfaction of the Board that there is a reasonable probability of locating domestic water on each of said tracts, that there is adequate ingress and egress to said tracts, that the location of septic tanks will be permitted by the Colorado Department of Health, that the requested division is in accordance with the general purposes and intent of the Subdivision Regulations of the State of Colorado and the County of Garfield and should, therefore, be exempted from the definition of the terms "subdivision" and "subdivided land" as set forth in C.R.S. (1973) Section 30-28-101 (10) (a) - (d) as amended; NOW THEREFORE, upon motion of L, 1 i e seconded by Lc�T rt ! L1e -1-,i ri- and carried, said 4.32 acre tract of land is hereby J � exempted from such definition and transfer of said tract may be made by division into 2 parcels of 2.1 and 2.22 acres, more or less, and further that prior to such conveyance a proper legal description be prepared for said tracts. A copy of the instrument or instruments of conveyance when recorded shall be filed with this Resolution. Dated this i LJiday of ,QCs / , A.D. 1977. THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO ryry1% Attest: Jfd,1l? �!,(.'// L. / (i( char Deputy Oen' of the Board of County Commissioners, Garfield County, Colorado -2- ROL:ERY D. sCARROW L.S. PRES. & MGR. ROa�=RT A. WAMSLEY L.S., OFF., MGR. TOM WALKER L.S. J=AN COLE L.S. E.D. (BUD) 4LOYE, P.6. & L.S. RAYMOND L. BALDWIN, C.E. FRANK W. NARRINGTON DENNIS O. BRADLEY dazoand VaLEit, �.�• Reg. Engineers and Land Surveyor, 204 8th Street - Office Glenwood Springs, Colo. 81601 Extension Office 129 W. 3rd Street - Rifle, Colo. 81650 GARFIELD COUNTY COLORADO E LF CT F20 TAPE CLARY COMPUTER av=La 'f Y•E000LITE ZIEss LEVEL INSTRUMENT RENTAL A parcel of land situated in Lot 18 of Section 3, Lot 1 of Section 10, and in Lots 1 and 2 of Section 11, all in Township 8 South, Range 88 West of the Sixth Principal Meridian, lying Northerly of the Northerly right-of- way fence of County Road No, 111, Easterly of a fence as constructed and in place, and Southwesterly of the Southwesterly right-of-way line of an access road, said parcel of land is described as follows: Beginning at a point in Lot 1 of said Section 10 whence the Section Corner common of Sections 2,3,10 andHl in said township and range bears: N.26d21' 00" E. 128.78 feet; thence S.11°14'00" W. €15.77 feet to a point in said right-of-way fence; thence N.83a36'09" W. 241.63 feet along said right-of- way fence; thence N.72'41'55" W. 132.08 feet along said right-of-way fence; thence N.15a12'46" E. 60.37 feet along a fence as constructed; thence N.02a 4€'48" E. 25.74 feet along said fence; thence N.22'54'1411 E. 155.71 feet along said fence; thence N.14'30149" W. 41.22 feet along said fence; thence N.84°24'04" E. 119.64 feet to a point on the Southwesterly right-of-way line of said access road; thence along the Southwesterly right-of-way line of said access road 133.53 feet along the arc of a curve to. the left, hav- ing a radius of 96.37 feet, the chord of which bears: S.37°11'43" E. 123.10 feet; thence S.76"53130" E. 236.77 feet; thence 91.57 feet along the arc of a curve to the left, having a radius of 214.94 feet, the chord of which bears: S.89a05'45" E. 90.88 feet; thence N.78442'00" E. 27.77 feet; thence 37.80 feet along the arc of a curve to the right, having a radius of 41.54 feet, the chord of urhich bears: S.75°13'45" E. 36.51 feet; thence S.49'09' 30" E. 54.69 feet; thence 68.53 feet along the arc of a curve to the left, having a radius of 228.98 feet, the chord of which bears: S.57°43'56" E. 68.27 feet; thence S.66'18'22" E. 132.49 feet; thence 120.96 feet along the arc of a curve to the right, having a radius of 96.40 feet, the chord of which bears: S.30421'29" E. 113.18 feet; thence S.05°35'05" W..112.64 feet; thence 128.77 feet along the arc of a curve to the left, having a radius of 392.32 feet, the chord of which bears: S.03a49'05" E. 128.19 feet; thence S.13'13'15" E. 55.68 feet; thence 26.37 feet along the arc of the curve to the right, having a radius of 59.37 feet, the chord of which bears: 5.00' 29'39" E. 26.16 feet to a point on the Northerly right-of-way fence of said County Road; thence N.33'16'45l1 W. 24.83 feet along said right-of-way fence; thence N.41'35'13" W. 222.70 feet along said right-of-way fence; thence N.01a 33'00" W. 154.36 feet;thence N.71a25'00" W. 399.40 feet, to the point of beginning. The above described parcel of land contains 4.32 acres, more or fess. • April 15, • SCARROW AND WALKER, INC.` P.O. BOX 460 GLENWOOD SPRINGS, COLORADO Glenwood Springs . Box 460 • Phone 945-5574 Rifle • Box 1478 • Phone 625-2740 / isGG 5c. A' X99),3�ti e• IO E5 4 62 5y _ 2 6.77 °53 3°'• \a\\.qQ ti ;k9 4'W 2 1/ `ACCESS ���is•as'��- 1.32. 9' 3 99.40' N 7i°25•0°•'W1)©c r1) m 9 ij° ,4°96,01 D` ; 912°�2�16— lZ5.' II 5. I c 16 4i SCALE /INCH= /00 i 447' T 8 s., E. 88 W THE 6 77-1. P M a 0 0 0 0 ADOPTED: U e 4 STATE OF COLORADO ) )ss County of Garfield rr�ir��7�} . 0 -CLOCK RECD#rE :]FGU`Y� MILCREED Enc J016' _ r,. SEP 2 2 1993 ALSDDRF, COUNTY CLERK At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Commissioners' Meeting Room, Garfield County Courthouse, in Glenwood Springs on Wednesday the 22ndof September A.D. 1993 , there were present: Elmer (Buckey) Arbaney Arnold L. Mackley Marian I. Smith Don DeFord Mildred Alsdorf Chuck Deschenes , Commissioner Chairman , Commissioner , Commissioner , County Attorney , Clerk of the Board , County Administrator when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 93-087 A RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE GARFIELD COUNTY SUBDIVISION REGULATIONS FOR ROBERT NIESLANIK_ WHEREAS, ROBERT NIESLANIK petitioned the Board of County Commissioners of Garfield County, Colorado, for an exemption from the definition of the terms "subdivision" and "subdivided land" under C.R.S. 1973, 30-28-101 (10) (a) -(d), as amended, and the Subdivision Regulations of Garfield County, Colorado, adopted April 23, 1984, Section 8:00 through 8:60 and for the division of a 140.16 acre tract as described in Book 842 Page 332 as filed in the Offices of the Clerk and Recorder of Garfield County, Colorado, into two parcels of approximately 3.53 and 136.63 acres in size, more or less, with the exemption parcel more practically as follows: Lot A (see attached) (in the State of Colorado and the County of Garfield); and WHEREAS, the Petitioners have demonstrated to the satisfaction of the Board of County Commissioners of Garfield County, Colorado, that the proposed division does not fall within the purposes of Part 1, Article 28, Title 30, Colorado Revised Statutes 1973, as amended, for the reason that the division does not warrant further subdivision review; and WHEREAS, the Petitioners have demonstrated to the satisfaction of the Board of County Commissioners of Garfield County, Colorado, that there is a reasonable probability of locating domestic water on each of said parcels, that there is existing ingress and egress to said parcels, that the location of septic tanks will be permitted by the Colorado Department of Health, that the requested division is not part of an existing or larger development and does not fall within the general purposes and intent of the Subdivision Regulations of the State of Colorado and the County of Garfield, and should, therefore, be exempted from the definition of the terms "subdivision" and "subdivided land" as set forth in C.R.S. 1973, 30-28-101 (10) (a) -(d), as amended; and • sric4)876 tc 4.6 NOW THEREFORE, BE IT RESOLVED that the division of the above described parcel A from the 140.16 acre tract is hereby exempted from such definitions and may be conveyed in the form of such parcels "A" as is more fully described above and that a copy of the instrument or instruments of conveyance when recorded shall be filed with this Resolution. Dated this 22nd day of September , A.D. 19 93 .. ATTEST: Clerof the Board vote: GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFIELD COUNTY, COLORADO Chairman Upon motion duly made and seconded the foregoing Resolution was adopted by the following Elmer (Buckey) Arbaney Arnold L. Mackley Marian 1. Smith STATE OF COLORADO ) )ss County of Garfield ) , Aye , Aye , Aye I, , County Clerk and ex -officio Clerk of the Board of County Commissioners, in and for the County and State aforesaid, do hereby certify that the annexed and foregoing Resolution is truly copied from the Records of the Proceeding of the Board of County Commissioners for said Garfield County, now in my office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at GIenwood Springs, this day of , A.D. 19 . County Clerk and ex -officio Clerk of the Board of County Commissioners LEGAL DESCRIPTION (PARCEL BEING CREATED) 800140876 i':C; 347 A tract of land situated in Lot 1 of Section 11, Township 8 South, Range 88 West of the 6th Principal Meridian. Garfield County, Colorado, being Northeasterly of the Northeasterly right-of-way line of Garfield County Road No. 153 as built and in place and being more particularly described as follows: Beginning at a point on said Northeasterly right-of-way line whence a stone found in place for the Northwest Corner of said Section 11 bears N 37°58'05" W 954.65 feet; thence N 46°28'31" E 241-34 feet; thence N 76°58'49" E 88.12 feet; thence S 00'32'31" E 42.48 feet; thence S 54045'14" E 27.18 feet; thence N 76° 10'49" E 135.87 feet; thence S 67°23'37" E 86.28 feet to a point on the Southwesterly right-of-way line of a 30 foot wide roadway as built and in place; thence along said Southwesterly right-of- way line on the following three courses: S 66°25'30" E 37.73 feet; thence 111.89 feet along the arc of a 124.40 foot radius curve to the right, the chord of which bears S 40'39'30 E 108.15 feet; thence S 14°53'30" E 40.27 feet; thence leaving said Southwesterly right-of-way line on a course bearing S 56'36'45" W for 431.54 feet to a point on the Northeasterly right-of-way line of said County Road No. 153; thence along said Northeasterly right-of-way line on the following 4 courses: N 45°09'21" W 26.79 feet; thence 68.82 feet along the arc of a 245.42 toot radius curve to the left, the chord of which hears N 53-11'22" W 68.60 feet; thence 132.33 feet along the arc of a 316.96 foot radius curve to the right, the chord of which bears N 49°15'44" W 131.37 feet: thence N 37-18'06" W 126.48 feet to the point of beginning, containing 3.53 acres more or less. 1 zbCi ..a� :31..e 95.e4:s 529!4 U1 'l"/0'2C'I}'T] 12• X01 /1,16! S7) 3P10979N17 /3NL41S 3.9Vr NI SLY N17 d r V lCo1c S l+d�' way-- `.�i�nti �sa�� 1/. 'a( ,OE }:4ie"!S 7 • ., ..a=w l4.,., w.021-14,"5711"40"'117/1,; ��n::•.a .., >:.eine W.: , a r T w wxaa }��. l.5'c.'y p•+, u <i<s: rcaa. las psi N 9 A STATE OF COLORADO ) ss. COUNTY OF GARFIELD EXHIBIT At a regular meeting of the Board of County Commissioners for Garfield County, Colo- rado, held at the Garfield County Plaza Building, 108 8th Street, in Glenwood Springs, Colorado, on Monday, the 14th day of June, 2010, there were present: John Martin Mike Samson Tresi B. Haupt Ed Green Don DeFord Jean Alberico , Commissioner, Chairman , Commissioner , Commissioner , County Manager , County Attorney , Clerk to the Board when the following proceedings, among others were had and done, to wit: RESOLUTION NO. 2010 - A RESOLUTION CONCERNED WITH VACATING PUBLIC ROAD RIGHT-OF-WAY OTHERWISE KNOWN AS COUNTY ROAD 165 (CASE NO. RVAC 6061) Recitals A. Garfield County is a legal and political subdivision of the State of Colorado for which the Board of County Commissioners is authorized to act. B. Iron Rose Land & Cattle I, LLC (the "Applicant") has applied to the Board of County Commissioners as Case No. RVAC 6061 (the "Petition") to vacate a prescriptive public road right-of-way for County Road 165, as such lies within the property of the Applicant. The affected portion of the right of way is more fully described on the attached Exhibit A. C. The Board of County Commissioners is entitled to vacate a public road right-of- way by resolution pursuant to the provisions of Section 43-2-303(1)(b), C.R.S. and Section 4- 110 of the Garfield County Unified Land Use Resolution of 2008, as amended ("ULUR"). D. The Planning Commission considered the Petition at a public meeting held on March 28, 2010, at which time the Commission recommended approval with conditions to the Board of County Commissioners. E. A public hearing was conducted by the Board of County Commissioners on June 14, 2010, which was duly continued to July 6, 2010, for consideration of whether the proposed road vacation should be granted or denied, during which hearing the public and interested per- sons were given the opportunity to express their opinions regarding the request. F. The Board of County Commissioners, on the basis of substantial competent evi- dence produced at the aforementioned hearing, has made the following determinations of fact: Page 1 of 3 i'r93734 v4 bou 1. Proper notice of the public hearing on the Petition was provided as re- quired by Section 43-2-303, C.R.S., and ULUR. 2. The right of way of County Road 165 that is the subject of the Petition: (a) is not located within the limits of any city or town; (b) has not been established as a state high- way; (c) does not provide access to any public lands; (d) does not abut or connect to any property or easement that constitutes a public park, recreational area or trail; (e) is not currently used and will not be used in the foreseeable future for any county or public road purpose; and (f) is conse- quently no longer needed as a public road right of way. 3. Each of the properties abutting County Road 165 either directly abuts a public road that is not affected by this Resolution or is the beneficiary of a private access ease- ment providing such property with access to a public road, as summarized on Exhibit B attached to this Resolution. Vacating the subject right of way for County Road 165 consequently does not leave any land adjoining said roadway without an established public road or private -access easement connecting said land with another established public road. 4_ For the above stated and other reasons, the proposed vacation of County Road 165 is in the best interest of the health, safety and welfare of the citizens of Garfield Coun- ty. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, as follows: 1. The foregoing Recitals are incorporated by this reference. 2. That portion of the road right-of-way of County Road 165 described on Exhibit A attached hereto should be and hereby is vacated. 3. As a condition to the recording of a copy of this Resolution by Garfield County, Applicant shall satisfy all of the following conditions of approval: (a) Applicant shall obtain the entry of a decree in Garfield County District Court Civil Action 08 CV 125 quieting title to the "Land" as defined in the Second Amended Complaint filed in such action. A certified copy of the decree shall be submitted to the County Attorney for review and approval by Garfield County. (b) Applicant shall grant private road and emergency access easements to lan- downers abutting the vacated right of way, substantially in the form submitted by Applicant as part of the Petition. Fully executed originals of such easements shall be submitted to the County Attorney for review and approval by Garfield County. (c) Applicant shall enter into a boundary line adjustment whereby the portion of the vacated road right of way abutting Garfield County Assessor Parcel No. 2463-034-00-030 (Charles P. Vermeyen Revocable Trust and Margaret M. Vermeyen Revocable Trust) is merged into such Parcel No. 2463-034-00-030. A copy of the executed Affidavit Re Boundary Line Af- fidavit and quit claim deed to accomplish the boundary line adjustment shall be submitted to the County Attorney for review and approval by Garfield County. Page 2 of 3 493134 v4 bou (d) Upon satisfaction of the conditions imposed in subparagraphs (a) — (c) above, the Garfield County Attorney shall cause the instruments to be recorded in the following order: (i) this Resolution; (ii) the quiet title decree; (iii) the easements; and (iv) the boundary line adjustment affidavit and quit claim deed. 4. Pursuant to Section 43-2-303(3), C.R.S., the foregoing vacation is subject to a reservation of easements for the continued use of existing sewer, gas and water pipelines and ap- purtenances; for ditches or canals and appurtenances; and for electric, telephone and similar lines and appurtenances (if any). The foregoing vacation is also subject to the reservation of the pri- vate access easements as described on Exhibit B attached hereto. DATED this day of , 2010. BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO By: ,Chair ATTEST: Clerk to the Board Upon motion duly made and seconded the foregoing Resolution was adopted by the fol- lowing vote: , Aye , Aye , Aye Commissioners Page 3 of 3 #93734 v4 bou STATE OF COLORADO COUNTY OF GARFIELD CERTIFICATION I, Jean Alberico, County Clerk and ex -officio Clerk of the Board of County Commission- ers in and for Garfield County, Colorado, do hereby certify that the annexed and foregoing Reso- lution is truly copied from the Records of the Proceedings of the Board of County Commission- ers for said Garfield County, now in my office. Jean Alberico, Clerk and Recorder By: , Deputy 093734 v4 bou EXHIBIT A TO RESOLUTION 2010 - LEGAL DESCRIPTION OF SUBJECT RIGHT OF WAY A RIGHT-OF-WAY SITUATED IN SECTIONS 2, 3 AND 11, TOWNSHIP 8 SOUTH, RANGE 88 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO, THE CENTERLINE OF WHICH IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH WEST CORNER OF SAID SECTION 11, A STONE FOUND IN PLACE, WITH ALL BEARINGS RELATIVE TO A BEARING OF 5.89°24'34"E. BETWEEN THE NW CORNER OF SAID SECTION 11 AND THE WIT- NESS CORNER FOR THE NORTH 1/4 CORNER OF SAID SECTION 11, A 3'/4" ALU- MINUM CAP L.S. NO. 19598 FOUND IN PLACE; THENCE S.38°59'05"E., A DIS- TANCE OF 796.79 FEET TO A POINT ON THE EASTERLY RIGHT OF WAY OF COUNTRY ROAD NO. 111, AS CONSTRUCTED AND IN PLACE AT THE TIME OF THIS SURVEY, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE A DISTANCE OF 67.56 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 62.00 FEET AND A CENTRAL ANGLE OF 62°26'14", CHORD BEARS N15°01'25"E, A DISTANCE OF 64.27 FEET, THENCE N16°11'42"W, A DISTANCE OF 35.67 FEET; THENCE A DISTANCE OF 145.73 FEET ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 371.00 FEET AND A CENTRAL ANGLE OF 22°30'24", CHORD BEARS N04°56'30"W, A DISTANCE OF 144.80 FEET; THENCE N06°18'42"E, A DISTANCE OF 82.50 FEET; THENCE A DISTANCE OF 164.36 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 163.00 FEET AND A CENTRAL ANGLE OF 57°46'22", CHORD BEARS N22°34'29"W, A DISTANCE OF 157.48 FEET; THENCE N51 °27'30"W, A DISTANCE OF 179.07 FEET; THENCE A DISTANCE OF 155.78 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 200.00 FEET AND A CENTRAL ANGLE OF 44°37'37", CHORD BEARS N73°46119"W, A DISTANCE OF 151.87 FEET; THENCE S83°54'53"W, A DISTANCE OF 34.43 FEET; THENCE A DISTANCE OF 43.17 FEET ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 120.00 FEET AND A CENTRAL AN- GLE OF 20°36'42", CHORD BEARS N85°46'46"W, A DISTANCE OF 42.94 FEET; THENCE N75°28'25"W, A DISTANCE OF 110.58 FEET; THENCE A DISTANCE OF 21.54 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 120.00 FEET AND A CENTRAL ANGLE OF 10°17'01", CHORD BEARS N80°36'56"W, A DISTANCE OF 21.51 FEET; THENCE N85°4527"W, A DISTANCE OF 30.57 FEET; THENCE A DISTANCE OF 38.25 FEET ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 120.00 FEET AND A CENTRAL ANGLE OF 18°15'48", CHORD BEARS N76°37'33"W, A DISTANCE OF 38.09 FEET; THENCE N67°29'39"W, A DISTANCE OF 67.46 FEET; THENCE A DISTANCE OF 98.98 FEET ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 62.00 FEET AND A CEN- TRAL ANGLE OF 91°28'04", CHORD BEARS N21 °45'37"W, A DISTANCE OF 88.80 FEET; THENCE N23°58'26"E, A DISTANCE OF 3.81 FEET; THENCE A DISTANCE OF 81.14 FEET ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 140.00 FEET AND A CENTRAL ANGLE OF 33°12'31", CHORD BEARS N40°34'41"E, A DISTANCE OF 80.01 FEET; THENCE N60°30'45"E, A DISTANCE OF Exhibit A, Page 1 93734 v4 bou 43.30 FEET; THENCE N70°10'33"E, A DISTANCE OF 140.09 FEET; THENCE A DIS- TANCE OF 89.50 FEET ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 550.00 FEET AND A CENTRAL ANGLE OF 09°19'25", CHORD BEARS N74°50115"E, A DISTANCE OF 89.40 FEET; THENCE N79°29'58"E, A DISTANCE OF 58.09 FEET; THENCE A DISTANCE OF 165.53 FEET ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 600.00 FEET AND A CENTRAL ANGLE OF 15°48'23", CHORD BEARS N87°24'09"E, A DISTANCE OF 165.00 FEET; THENCE S84°41'39"E, A DISTANCE OF 26.09 FEET THENCE A DISTANCE OF 52.38 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 325.00 FEET AND A CENTRAL ANGLE OF 09°14'04", CHORD BEARS S89°18'41"E, A DISTANCE OF 52.32 FEET; THENCE N86°04'17"E, A DISTANCE OF 102.18 FEET; THENCE A DISTANCE OF 82.95 FEET ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 110.00 FEET ANDA CENTRAL ANGLE OF 43°12'21", CHORD BEARS S72°19'32"E, A DISTANCE OF 81.00 FEET; THENCE S50°43'22"E, A DISTANCE OF 39.55 FEET; THENCE A DISTANCE OF 25.67 FEET ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 75.00 FEET AND A CENTRAL ANGLE OF 19°36`25", CHORD BEARS S40°55'09"E, A DISTANCE OF 25.54 FEET; THENCE S31 °06'57"E, A DISTANCE OF 93.10 FEET; THENCE A DISTANCE OF 77.66 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 425.00 FEET AND A CENTRAL ANGLE OF 10°28'11", CHORD BEARS S36°21'02"E, A DISTANCE OF 77.55 FEET; THENCE S41 °35'08"E, A DISTANCE OF 162.84 FEET; THENCE A DISTANCE OF 95.25 FEET ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 175.00 FEET AND A CENTRAL ANGLE OF 31 °11'09", CHORD BEARS S25°59'33"E, A DISTANCE OF 94.08 FEET; THENCE S10°23'49"E, A DISTANCE OF 186.77 FEET; THENCE S21 °19'59"E, A DISTANCE OF 102.91 FEET; THENCE A DISTANCE OF 16.72 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 100.00 FEET AND A CENTRAL ANGLE OF 09°34'49", CHORD BEARS S16°32`34"E, A DISTANCE OF 16.70 FEET; THENCE S11 °45'10"E, A DISTANCE OF 125.05 FEET; THENCE A DISTANCE OF 122.11 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 125.00 FEET AND A CENTRAL AN- GLE OF 55°58'22", CHORD BEARS S39°44'21"E, A DISTANCE OF 117.32 FEET; THENCE S67°43'32"E, A DISTANCE OF 89.14 FEET; THENCE A DISTANCE OF 76.25 FEET ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 100.00 FEET ANDA CENTRAL ANGLE OF 43°41'21", CHORD BEARS S45°52'52"E, A DISTANCE OF 74.42 FEET; THENCE S24°02'1VE, A DISTANCE OF 105.85 FEET; THENCE S37°32'37"E, A DISTANCE OF 48.56 FEET; THENCE S27°45'05"E, A DIS- TANCE OF 93.98 FEET; THENCE A DISTANCE OF 145.66 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 140.00 FEET AND A CENTRAL ANGLE OF 59°36'45", CHORD BEARS S57°33'28"E, A DISTANCE OF 139.18 FEET; THENCE S87°21'50"E, A DISTANCE OF 176.21 FEET; THENCE A DISTANCE OF 113.69 FEET ALONG THE ARC OF A NON TANGENT CURVE TO THE RIGHT HAV- ING A RADIUS OF 85.00 FEET AND A CENTRAL ANGLE OF 76°38'03", CHORD BEARS S48°16'43"E, A DISTANCE OF 105.40 FEET TO THE NORTHERLY RIGHT- OF-WAY OF COUNTY ROAD NO. 153, FROM WHICH SAID WITNESS CORNER BEARS N51°54'51"E, A DISTANCE OF 1653.50 FEST, SAID POINT ALSO BEING THE POINT OF TERMINUS. Exhibit A, Page 2 :93734 v4 bou EXHIBIT B TO RESOLUTION 2010 - LEGAL DESCRIPTION OF PRIVATE ACCESS EASEMENTS Abutting Property Legal Description Private Access Easement (Book/Page)* Vesting Deed (Book/Page)* Parcel No. Account No. Cretti 1057/694 246302300006 R011357 377/299 Rec. #521813 Tripp Rec.#751394 246303400028 R090084 400/549 Shook 1734/983 246302300005 R011568 426/572 Rec. #684173 Reed 716/38 246303400032 R090004 391/63; Rec. #383651 716/38 Vermeyen 1208/818 246303400030 R090087 534/742 Rec. #569759 Caudill 1607/999 246311200048 R111901 1607/991 Rec. #656683 * References are to the records of the Garfield County Clerk and Recorder All references are to the land records of the Garfield County Clerk and Recorder. Exhibit A, Page 1 #93734 v4 bou