HomeMy WebLinkAbout6.0 Resolution 2010-49Were '100: JI4,111i1.1N91111111
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COUNTY CO
STATE OF COLORADO
) ss.
COUNTY OF GARFIELD
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. Houpt
Ed Green
Don DeFord
Jean Alberico
, Chairman
, Commissioner
, Commissioner Chair Pro -Tem
, County Manager
, County Attorney
, Clerk to the Board
when the following proceedings, among others were had and done, to wit:
RESOLUTION NO. 2010 - 4 9
A RESOLUTION CONCERNED WITH VACATING A PORTION OF PUBLIC ROAD
RIGHT-OF-WAY OTHERWISE KNOWN AS A PORTION OF COUNTY ROAD 153
(CASE NO. RVAC 6060)
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, and Carbondale Corporation (the "Applicants")
have applied to the Board of County Commissioners as Case No. RVAC 6060 (the "Petition") to
vacate a portion of a prescriptive public road right-of-way for County Road 153, as such lies
within the property of the Applicants.
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 the
14th day of June for consideration of whether the proposed road vacation should be granted or
denied, during which hearing the public and interested persons were given the opportunity to ex-
press 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:
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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 portion of the right of way of County Road 153 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 highway; (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) may still
be needed as a future public road right of way.
3. Approval of the proposed road vacation is not in the best interest of both
present and future users of the public road or Garfield County.
4. For the above stated and other reasons, the proposed vacation of a portion
of County Road 153 is not in the best interest of the health, safety and welfare of the citizens of
Garfield County.
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. The request of Iron Rose Land & Cattle I, LLC, and Carbondale Corporation (the
"Applicants") have applied to the Board of County Commissioners as Case No_ RVAC 6060
(the "Petition") to vacate a portion of a prescriptive public road right-of-way for County
Road is hereby DENIED.
DATED this ( day of 4A-11.- , 20I0.
ATTEST:
BOARD OF CO
F GARFIEL
Y COMMISSIONERS
TY, COLORADO
,Chair
m Q�
Cler o the Board
Upon motion duly made and seconded the foregoing Resolution was adopted by the fol-
lowing vote:
COMMISSIONER CHAIR JOHN F. MARTIN
COMMISSIONER MIKE SAMSON
COMMISSIONER'fRESI HOUPT
,AYE
,AYE
,AYE
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CERTIFICATION
STATE OF COLORADO )
) ss.
COUNTY OF GARFIELD )
1, Jean Alberdco, County Clerk and ex -officio Clerk of the4 Board of County Commis-
sioners in and for Garfield County, Colorado, do hereby certify that the annexed and foregoing
Resolution is truly copied from the Records of the Proceedings of the Board of County Commis-
sioners for said Garfield County, now in my office.
Jean Alberico, Clerk and Recorder
By: , Deputy