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Home My WebLink About2.0 CR 114 VacateJoHN A. Txuuson EDWARD MULHALL, JR. Scorr BALCoMB LAWRENCE R. GREEN TrMorHY A. THULSoN LoRr J.M. SATTERFTELD EDWARD B. OLszEWsKr DAVID SANDOVAL DENDY M. HEISEL CHRTSToPHER L. Covrs BAr,coMB & GnPPN, P.C. ATTORNEYS AT IJA\^r' (FoRMERLY DELANEY & BaLcoMB, PC.) P. O. DR-{WER 79O 8I8 COI-ORADO A\/ENUE crrENwooD SPRINGS, Cot,oR-A.Do 8 1 6oz Telephone: 970.945.6546 Facsimile: 970.945.9769 December 18, 1998 &n/a1 i. OF CouNsEL: KENNTTH BaLcoMB VIA HAND DELIVERY TO: Mark Bean Director of Planning , Garfield County Garfield County Court House 109 8'h Street Glenwood Springs, CO 81601 Re:Los Amigos Ranch/CMCiCount), Road 114 Dear Mark: As you will recall, on Decemb er 7 , 1998 the Board of County Commissioners approved a Resolution vacating portions of an old, unused, deeded right-of-way for County Road 114 in the vicinity of the entryway to Los Amigos Ranch. In order to complete the vacation proceedings, a number of other documents needed to be delivered to the County and recorded. The most important of these documents to the County is a Deed from CMC to the County of a right-of-way for County Road 114 as it is constructed and exists in place. I believe we now have all of the documents completed and ready for recording. The documents indicated below are enclosed with this letter, and I believe the recording sequence for all of the documents is as follows: 1. Original Deed (enclosed) dated July 28, 1997 by which CMC conveys to Los Amigos Ranch Partnership aparcel of land containing 0.413 acres. (This is aportion of the open space between County Road 114 and Lot 1, Los Amigos Ranch, Subdivision No. 2.) 2. Board of County Commissioners Resolution vacating the old, deeded right-of-way. i believe the original of this Resolution is in the County's possession. 3. Original Deed (enclosed) dated September 5,7997 by which CMC conveys to the Board of County Commissioners of Garfield County a sixty foot (60') right-of-way for County Road 114 as it is constructed and exists in place. BAr,coMB & GnppN, P.C. A'll'l'ORNEYS A'I' IJAIV Don Deford, Esq.December 18, 1998 Page 2 4. Original mylar (enclosed) of the Supplemental Plat of Lot 1, Los Amigos Ranch, Subdivision No. 2, Filing No. 2, and adjacent open space, signed by everyone except for the County Surveyor. It is my recollection that the Chair of the Board was authorized to sign this Plat upon its presentation. Please present these documents to the Board on Monday, December 21, as we have discussed. After the documents are all appropriately signed, please have Mildred record them in the order suggested in this letter. I have also enclosed our check in the amount of $54.00, payable to the County Clerk, as and for the recording fees. (Pursuant to a conversation with Don Deford, I have assumed that the Resolution vacating the roadway is four pages.) Thank you very much for your attention to this matter. As always, should you have any questions, please do not hesitate to contact me. Very truly yours, BALCOMB & GREEN, P.C. LRG/bc Encls. xc:Don Deford, Esq. (w/out encls. via hand deliveryt) Glenn Chadwick, Esq. (w/out encls. viafacsimile) Greg Boecker (w/out encls. viafacsimile) NOTICE OF RESOLUTION Los Amigos Ranch Partnership c/o Greg Boecker 2929 Cotnty Road 114 Glenwood Springs, CO 81601 xc: CONSIDERATION OF TO VACATE ROADWAY Rob Iwamoto Robert and Marianne Miller 3i Los Amigos Drive Glenwood Springs, CO 81601 Colorado Mountain Junior College District c/o Glenn D. Chadwick, Esq. 710 Cooper Avenue, Suite 200 Glenwood Springs, CO 81601 Please take notice that at 3:00 p.m., Monday, December 7,1998, the Board of County Commissioners of Garfield County will consider a Resolution to Vacate a portion of the historic deeded right-of-way of County Road ll4 adjacent to property you own. Consideration of this Resolution will occur at the County Commissioners meeting room, Garfield County Court House at 109 Eighth Street, Glenwood Springs, Colorado. The proposed Resolution to Vacate will not affect any portion of County Road 114 as it is constructed and in place, only historic right-of-way owned by Garfield County at a location where the road has been constructed outside of such deeded right-of-way. This notice is being provided to all owners of property adjacent to the historic righlof-way in question in accordance with the provisions of c.R.s. 43-2-304. Al1 persons affected by the proposed Resolution to Vacate ar.: invited to appear and state their views, protests or supporl. If you cannot appear personally at such hearing, then you are urged to staie i.'our views by letter, as the Board of County Commissioners will give consideration to the comments of surrounding property owners and others affected in deciding whether or not to adopt the proposed Resolution to Vacate. Dated and mailed this 25th day of November, 199g. Don Deford, Esq. Mark Bean JoHN A. THULSoN EowARo MULHALL. JR. Scorr BALCoMB LAWRENCE R. GREEN TrMorHY A. THULSoN LoRr J.M, SATTERFTELD EowARo B. OLszEwsKr BALCoNTET ct GRnEx, P.C. /\a"roRNEYS ,\T L.'\\r' (FoRMERLY DELANEY & Brrcova, PC.) I'. O. DR,\l!'ER 790 8I8 COLORADO ,\VENUE CLDN\vooD SPRTNGS, CoLoR-\Do a l609 Telephone: 970.945.6546 Facsimile: 970.945.9769 December 2,1998 OF CoUNSEL: KENNETH BALCoMB Davro SANoovaL DENDY M. HEISEL CHRTSTcPHER L. CoYLE VIA HAND DELIVERY TO: Don Deford, Esq. Garfi eld County Attorney Garfield County Court House 109 8'h Street, Suite 300 Glenwood Springs, CO 81601 Los Amigos Ranch/County Road I l4 Dear Don: With regard to the above-referenced matter, I have enclosed the following: 1. A copy of a map, prepared by Schmueser Gordon Meyer, entitled "Road Location Survev, Garfield County Road #114 at Intersection of Los Amigos Drive." This map depicts and describes ali of the various parcels that need to be vacated and conveyed to resolve the County Road 114 right-of-way issues within the area depicted on the map. We can now disregard Parcels 2A and 28, and the boundary line adjustment scheme anticipated thereby, because of our interpretation of C.R.S. 43-2-302(l)(a) that the roadway being vacated constitutes roadway adjacent to a subdivision, and thus title thereto vests upon vacation to the owner of the subdivided or adjacent land. Instead, we are preparing a "Supplemental Plat of Lot 1, Los Amigos Ranch Subdivision #2, Filing No. 2, and adjacent Open Space" which we r,vill provide to you prior to the heaing on this matter. 2. A document which I created and entitled Petition to Vacate Roadway. I don't believe this sort of document is required by the vacation proceedings statute, but I though I would do one anlnvay as it is consistent with the statute and rvill provide a document that the Board can actually act upon. The hvo parcels described on the Petition are identified and described as Parcels 2 and 3 on the map. 3. A copy of an executed, but unrecorded, deed between CMC and Los Amigos, whereby CMC is conveying Parcel i to Los Amigos. It is this deed, together with the vacation of Parcel 2 by the County, that will allow Los Amigos to end up with the new open space tract lying Re: 'l Il,u,COltR r(r Gnl:ns, l'.C. r\'l"t'OItNliYS ;\'l' L,\\l' Don Deford, Esq. between the westerly property line of L,ot of-rvay as constructed. December 2,1998 Page 2 1 and the true easterly line of the County Road 114 right- 4. A copy of an executed, but unrecorded, deed behveen CMC and Garfield County, by rvhich CMC is conveying to Garfield County a sixty foot right-of-way for County Road 114, described as being thirty feet on either side of the centerline of the road as constructed and in place. I have verified with Ken Wilson at Schmueser Gordon Meyer that this Deed accurately describes the centerline for the entire length of County Road 114 as shown on the map. Please recall that this matter is set for hearing before the Board of County Commissioners at 3:00 p.m. on Monday, December 7. As aiways, please contact me with any questions. Very truly yours, BALCOMB & GREEN, P.C. LRG/bc Encls. xc: Mark Bean (w/out encls.) Greg Boecker (w/out encls.) Glenn Chadwick (w/out encls.)