HomeMy WebLinkAbout7.0 Resolution 2010-52%li WI. lawgWiltIfit Wit Ii ill 11111
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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 , Commissioner, Chair
Mike Samson , Commissioner
Tresi B. Houpt , Commissioner
Ed Green , County Manager
Don DeFord , County Attorney
Jean Alberico , Clerk to the Board
when the following proceedings, among others were had and done, to wit:
RESOLUTION NO. 2010 - 5 2
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:
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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 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. Veumeyen Revocable Trust) is merged
into such Parcel No. 2463-034-00-030. A copy of the executed Affidavit Re Boundary Line Af-
fidavit
ffidavit and quit claim deed to accomplish the boundary line adjustment shall be submitted to the
County Attorney for review and approval by Garfield County.
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(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 t-1 day of ,..14".1-41 , 2010.
ATTEST:
BOARD OF COUNTY COMMISSIONERS
OF GARFIE
11°
Y, COLORADO
_441'w
8/MIP
Bv:
lerk to the Board
,Chair
Upon motion duly made and seconded the foregoing Resolution was adopted by the fol-
lowing vote:
John Martin , Aye
Tresi Houpt Aye
Mike Samson , Aye
Commissioners
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CERTIFICATION
STATE OF COLORADO )
) ss.
COUNTY OF GARFIELD )
1, Jean Alberico, County Clerk and ex -officio Clerk of the Board of County Commission-
ers
ommissioners 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
VIWI41i+1JY,IElli4,f11111
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EXHIBIT A TO RESOLUTION 2010 -
LEGAL DESCRIPTION OF SUBJECT RIGHT OF WAY
A R1GHT-QF-WAY SITUATED IN SECTIONS 2, 3 AND 11, TOWNSHIP 8 SOUTH,
RANGE 88 WEST QF 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
S.89°24`34"E. BETWEEN THE NW CORNER OF SAID SECTION 11 AND THE WIT-
NESS CORNER FOR THE. NORTH'/ CORNER OF SAID SECTION 11, A 31/4' 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°0125"E, A DISTANCE OF 64.27 FEET, THENCE N16°11142"W, A DISTANCE OF
35.67 FEET; THENCE A DISTANCE OF 145/3 FEET ALONG THE ARC OF A CURVE
TO THE RIGHT HAVING A RADIUS OF 371.00 FEET AND A CENTRAL ANGLE OF
22°3024", CHORD BEARS N04°56'301, 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°27'301/11, 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 44037'37", 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°3T33"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°3441"E, A DISTANCE OF 80.01 FEET; THENCE N60°30'45"E, A DISTANCE OF
Exhibit A, Page 1
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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°50'15"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°4823", 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 AND A CENTRAL ANGLE OF 43°1221", 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°35108"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
525°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 811°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°5822", 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 AND A CENTRAL ANGLE OF 43'4121", CHORD BEARS S45°52`52"E,
A DISTANCE OF 74.42 FEET; THENCE S24°021111E, A DISTANCE OF 105.85 FEET;
THENCE 537'32137"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 557°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
AVING 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 FEET, SAID POINT ALSO BEING
THE POINT OF TERMINUS.
Exhibit A, Page 2
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EXHIBIT B TO RESOLUTION 2010 -
LEGAL DESCRIPTION OF PRIVATE ACCESS EASEMENTS
Abutting
"Properly--:
Vesting Deed:
(Book/Page)
Legal Description
Priva
Access
asement
.(BookfPage)*
Cretti
1057/694
Rec. 4521813
246302300006
R011357
Tripp
Rec. #751394
246303400028
R090084
Shook
1734/983
Rec. #684173
246302300005
R01I568
Reed
716/38
Rec. #383651
246303400032
R090004
377/299
400/549
426/572
391163;
716/38
Vermeyen
1208/818
Rec. #569759
246303400030
R090087
534/742
Caudill
1607/999
Rec. #656683
246311200048
R111901
1607/991
* 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,, Page 1