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Home My WebLink About3.0 Resolution 98-03STATE OF COLORADO ) )ss. COUNTY OF GARFIELD ) At a regular 1 11111111111 111111 11111111111 111111 11111(1111111111 519085 01/13/1998 02:33P B1050 P25 M ALSDORF 1 of 13 R 0.00 D 0.00 GARFIELD COUNTY CO Commissioners. for Garfield- County, in Glenwood Springs on Monday the there were present: Larry McCown Marian I. Smith John Martin. Don K. DeFord Mildred Alsdorf meeting of the Board of County Colorado-, held- at t -he- Cour-tht�usz ]2 day of January, A.D., 1998, , Commissioner , Commissioner Chairperson , Commissioner , County Attorney , Clerk to the Board when the following proceedings, among others were had and done, to - wit: RESOLUTION NO. 98- 03 A RESOLUTION CONCERNED WITH VACATING- PORTIONS OF EXISTING TRAVELED ROAD AND ROAD RIGHT-OF-WAY OTHERWISE KNOWN AS PORTIONS OF COUNTY ROAD 238 AND ACCEPTANCE OF NEW PUBLIC ROAD RIGHT-OF-WAY WHEREAS, the Board of County Commissioners have received a request to vacate a portion of a dedicated public read right-of- way, as well as an existing traveled road as such lies within the property of the requesting parties as set forth below; and WHEREAS, the public road right-of-way and existing traveled road set forth below is no longer needed as a public road right-of- way as the new right-of-way has been dedicated to the Board of County Commissioners of Garfield County; and WHEREAS, 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., as amended; and • 1 111111 11111 11111 519085 01/13/1998 02:33P 81050 P26 M ALSDORF 2 of 13 R 0.00 D 0.00 GARFIELD COUNTY CO WHEREAS, to the extent necessary, a duly noticed public meeting was conducted by the Board of County Commissioners concerning the need and appropriateness of vacating said existing traveled road and old right-of-way under the provisions of Section 43-2-303(2)(b), C.R.S., as amended; and WHEREAS, the Board of County Commissioners of Garfield County, Colorado, is entitled to accept right-of-ways properly dedicated to the public, for use by the public, and on behalf of the public, pursuant to the provisions of Section 43-2-201(1)(a), C.R.S., as amended; and WHEREAS, the purpose of this proceeding is to vacate that portion of the existing traveled road and old right-of-way, which is no longer needed for public purposes as the County has relocated the relevant portions of County Road 238 pursuant to previous construction and deeds from the requesting parties. NOW, THEREFORE, BE IT RESOLVED By the Board of County Commissioners of Garfield County, as follows: 1. That portion of the public road no longer needed as a result of relocation of portions of County Road 238 and described as "existing traveled road, existing right-of-way, and old right- of-way" on the map attached hereto as Exhibit "A" , should be and hereby is vacated. 2. That pursuant to the foregoing vacation, title to such property shall vest in the adjoining property owners. 3. The foregoing vacation does not leave any property adj-ozn-ing- said- public road- right-of-way without an established. public road connecting said land with another established public road. 4. This vacation does not leave any public land without access to a public road. Page 2 of 4 • 1111111 IIII IlIII lIII1 III iIIII 111 11111 1111 101 519085 01/13/1998 02:33P B1050 P27 M ALSDORF 3 of 13 R 0.00 D 0.00 GARFIELD COUNTY CO 5. That the public road right-of-way hereby vacated shall contain a reservation for all sewer, as, water, ditch, canal, electric, telephone, or other utility purposes. 6. That this vacation is in the best interest and for the health, safety and welfare of the general public. 7. That the public meeting leading to vacation of this roadway was the subject of necessary notice to landowners adjacent to the roadway, to the extent such notice was required by the provisions of Section 43-2-303(2)(b), C.R.S., as amended. 8. That a public meeting was conducted on the 12th day of January, 1998, at which testimony and evidence was presented concerning the vacation of the subject road. No testimony or evidence was presented objecting to said vacation. Exhibits were presented supporting the finding of -proper notice, if needed, and all interested parties were given an opportunity to attend, testify and present evidence. 9. The Board of County Commissioners hereby accepts as the new public road right-of-way the property deeded through the quit- claim deeds attached hereto as Exhibits B and C. The acceptance by this Resolution is limited to erre deser ptions- contained- therein. DATED this 13th day of January, 1998. ATTEST:: C_erk to the Loard BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO By Chairperson Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: Page 3 of 4 Marian I. Smith Larry McCown John Mart -in STATE OF COLORADO 4IP 110111 11111 IIII1 111111 11111 1111 111111 111 11111 1111 1111 519085 01/13/1998 02:33P B1050 P28 M ALSDORF 4 of 13 R 0.00 D 0.00 GARFIELD COUNTY CO Commissioners ss. COUNTY OF GARFIELD ) Aye Aye Aye I, Mildred Alsdorf, 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 Proceedings 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 Glenwood Springs, this day of , A.D. 1997. County Clerk and ex -officio Clerk of the Board of County Commissioners Page 4 of 4 Old Riaht of Way and Proposed Right of yn,y, Coincide in (hie Area. r .4.\\ . 0 `;•S_'\ y.. Exist. Traveled Roud' u.f,Jee 'dalton Cs. and TOW (,• / Wnittingtoh 2181-062-00--044 n EXHIBIT "A" TO RESOLUTION Mayes to Garfield County 1 .ft rrhropos.n r— �/ / C4 .C1 Int Da•iid and Maxim.; J, M r.cs :1F1 062 -00 2 C1 L13 Exist. Poved Surface/ County Rood #214 N -••-Proposed Road Re -Alignment d' .500. 9 Whittin ton to Garfield Count 1-'; 68,490 soft. y e•..,, 1 1 1 Existing Right of Way Per County Rood Mop (F .;he #2668 County Clerk's Office) 1111111 II1111111111111111111111111111111111111 Lil II11 519085 01/13/1998 02:33P B1050 P29 M ALSDORF :' ? 5 of 13 R 0.00 D 0.00 GARFIELD COUNTY CO Recorded at •ock m. , 10,11111,,,A111 1111 519085 01/13/1998 02:33P 81050 P30 M ALSDORF 6 of 13 R 0.00 D 0.00 GARFIELD COUNTY CO QUIT CLAIM DEED Reception No. THIS DEED, made this 13 day of ij7 =- .t �� , 1997, between VALTON D. WHITTINGTON and TONI L. WHITTINGTON, as tenants in common, whose legal address is: 4791 County Road 214, Silt, Colorado 81652, of the County of Garfield and State of Colorado, Grantors, and BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, STATE OF COLORADO, whose legal address is: 109 Eighth Street, Suite 300, Glenwood Springs, Colorado 81601, of the County of Garfield and State of Colorado, Grantee, WITNESSETH, That the Grantors, for and in consideration of the sum of TEN DOLLARS AND NO CENTS ($10.00), and other consideration, the receipt and sufficiency of which is hereby acknowledged has remised, released, sold, and QUIT CLAIMED, and by these presents does remise, release, sell and QUIT CLAIM unto the Grantee, its successors and assigns, all the right, title, interest, claim and demand which the Grantors have in and to the real property, together with improvements, if any, situate, lying and being in the County of Garfield, and State of Colorado, described as follows: SEE LEGAL DESCRIPTION ATTACHED HERETO AS EXHIBIT "A". TO HAVE AND TO HOLD the same, together with all and singular appurtenances and privileges thereunto belonging, or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever of the Grantors, either in law or in equity, to the only proper use and benefit of the Grantee, its successors and assigns, subject to the following: Property transferred herein shall be utilized for public road purposes and is transferred for that use. • 1 11111111111 11111111 1111 III 111111 III 1II1111111111 519085 01/13/1998 02:33P 81050 P31 M ALSDORF 7 of 13 R 0,00 D 0.00 GARFIELD COUNTY CO IN WITNESS WHEREOF, the Grantors have hereunto set their hand and seal the day and year first above written. STATE OF COLORADO ) ss. COUNTY OF GARFIELD &�ze,,, t97,0÷)._ VALTON D. WHITTINGTON TONI L. WHITTINGTON The foregoing instrument was acknowledged before me County of Garfield, State of Colorado, on this the / November, 1997, by Valton D. Whittington. WITNESS MY HAND AND OFFICIAL SEAL. My Commission Expires: Notary 427 Address Page 2 of 3 Ndt ary in the day of 1 • 111111miiniiAuuuuuimmiiiniiimuni STATE OF COLORADO ss. COUNTY OF GARFIELD ) 519085 01/13/1998 02:33P B1050 P32 M ALSDORF 8 of 13 R 0.00 D 0.00 GARFIELD COUNTY CO The foregoing instrument was acknowledged before me in the County of Garfield, State of Colorado, on this the ,/_i' day of November, 1997, by Toni L. Whittington. WITNESS MY HAND AND OFFICIAL SEAL. My Commission Expires: Address .f NEStary Page 3 of 3 4.6.01?) It • r GARFIELD COUNTY SURVEYOR'S OFFICE PROPERTY DESCRIPTION RIGHT OF WAY FOR COUNTY ROAD #238 WHITTINGTON TO GARFIELD COUNTY EXHIBIT "A" TO QUIT CLAIM DEED A TRACT OF LAND TO BE USED FOR PURPOSES OF COUNTY ROAD RIGHT OF WAY, SAID TRACT OF LAND BEING FIFTY FEET IN WIDTH, THE PERIMETER OF WHICH IS DESCRIBED AS FOLLOWS, SAID TRACT OF LAND BEING SITUATED IN LOT 3 AND THE SE1/4NW1/4 OF SECTION 6, TOWNSHIP 6 SOUTH, RANGE 91 WEST OF THE 6TH P.M., COUNTY OF GARFIELD, STATE OF COLORADO, SAID TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: (BEARINGS AS RECITED IN THIS DESCRIPTION ARE BASED UPON A CALCULATED BEARING OF N.44°40'50"W. BETWEEN THE CENTER 1/4 CORNER AND THE SOUTHEAST SECTION CORNER OF SECTION 33, TOWNSHIP 5 SOUTH, RANGE 91 WEST OF THE 6TH P.M. MONUMENTATION FOUND AT BOTH LOCATIONS WERE BLM STANDARD MONUMENTS.) BEGINNING AT A POINT ON THE NORTH BOUNDARY LINE OF THAT TRACT OF LAND AS DESCRIBED IN DOCUMENT RECORDED IN BOOK 425 AT PAGE 288 OF THE RECORDS OF SAID COUNTY FROM WHICH THE SOUTHWEST CORNER OF SECTION 34, TOWNSHIP 5 SOUTH, RANGE 91 WEST OF THE 6TH P.M. BEARS N.37°51'15"W. 1123.77 FEET, SAID SOUTHWEST CORNER BEING A BLM STANDARD MONUMENT FOUND IN PLACE; THEN ALONG SAID NORTHERLY BOUNDARY LINE N.88°50'48"E. 30.17 FEET; THEN CONTINUING ALONG SAID NORTHERLY BOUNDARY LINE S.54'22'52"E. 45.31 FEET; THEN DEPARTING SAID BOUNDARY LINE AND ALONG THE EASTERLY LINE OF THE RIGHT OF WAY HEREIN DESCRIBED THE FOLLOWING TWELVE COURSES: 1) 17.28 FEET ALONG THE ARC OF A NON -TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 126.45 FEET, A CENTRAL ANGLE OF 07°49'53" AND A CHORD WHICH BEARS S.09°20'52"8. 17.27 FEET; 2) 5.05°25'56"E. 36.96 FEET; 3) S.00°52'18"W. 95.34 FEET; 4) 5.10°55'06"W. 81.30 FEET; 5) 5.02°39'34"W. 85.10 FEET; 6) S.06°29'44"W. 157.13 FEET; 7) 86.70 FEET ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 324.40 FEET, A CENTRAL ANGLE OF 15°18'48" AND A CHORD WHICH BEARS 3.14'09'08"W. 86.44 FEET; 8) 5.21'48'32"W. 133.04 FEET; 9) S.21°42'08"W. 123.38 FEET; 10) S.25°05'47"W. 39.48 FEET; 11) S.25°54'07"W. 134.51 FEET; 12) S.06°05'08"E. 371.09 FEET TO THE EXISTING NORTHERLY RIGHT OF WAY OF COUNTY ROAD #214 AS CONSTRUCTED AND IN PLACE; THEN ALONG SAID NORTHERLY RIGHT OF WAY N.63°09'42"W. 59.57 FEET TO THE WESTERLY LINE OF SAID TRACT OF LAND DESCRIBED IN SAID DOCUMENT RECORDED IN BOOK 425 AT PAGE 288; THEN ALONG SAID WESTERLY LINE N.06°05'08"W. 353.05 FEET; THEN DEPARTING SAID WESTERLY LINE AND ALONG THE WESTERLY LINE OF THE RIGHT OF WAY HEREIN DESCRIBED THE FOLLOWING TWELVE COURSES: 1) N.25'54'07"E. 148.49 FEET; 2) N.25"05'47"E. 37.65 FEET; 3) N.21'42'08"E. 121.94 FEET; 4) N.21°48'32"E. 133.09 FEET; 5) 73.34 FEET ALONG THE ARC OF A CURVE TO LEFT HAVING A RADIUS OF 274.40 FEET, A CENTRAL ANGLE OF 15'18'48" AND A CHORD WHICH BEARS N.14°09'08"E. 73.12 FEET; 6) N.06°29'44"E. 155.46 FEET; 7) N.02°39'34"E. 87.04 FEET; 8) N.10'55'06"E. 80.51 FEET; 9) N.00°52'18"E. 88.20 FEET; 10) N.05°25'56"W. 34.20 FEET; 11) 34.82 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 76.45 FEET, A CENTRAL ANGLE OF 26"05'45" AND A CHORD WHICH BEARS N.18°28'49"W. 34.52 FEET 12) N.31°31'41"W. 17.38 FEET TO THE POINT OF BEGINNING. SAID RIGHT OF WAY CONTAINS 68,490 SQUARE FEET OR 1.57,iACRES AS DESCRIBED. 96104WHI.DOC - Rev. 03/MAY/1997 11111111111111111111111111111111111111111111111 1111 1111 519085 01/13/1998 02:33P 81050 P33 M ALSDORF 9 of 13 R 0.00 D 0.00 GARFIELD COUNTY CO County Courthouse Bldg. 109 Eighth Street Glenwood Springs, CO 81601 (970) 945-1377, Ext. 2510 Samuel Phelps Garfield County Surveyor Private Office 214 E. Eighth Street , Ste. 210 Glenwood Springs, CO 81601 PH: (970) 928-8233 FAX (970) 945-8565 Recorded at •ock m.. 1 11111 11111 II!liI 111111111111111 111111 III fIL 519085 01/23/1998 02:33P B1050 P34 M ALSDORF 10 of 13 R 0.00 D 0.00 GARFIELD COUNTY CO Reception No. QUIT CLAIM DEED THIS DEED, made this \-h day of ; 1997, between DAVID W. MAVES and MAXINE J. MAVES, as tenants in common, whose legal address is: 1873 L Road, Frui-a, Colorado 8.521, of the County of Mesa and State of Colorado, 'Grantors, and BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, STATE OF COLORADO, whose legal address is: 109 Eighth Street, Suite 300, Glenwood Springs, Colorado 81601, of the County of Garfield and State of Colorado, Grantee, WITNESSETH, That the Grantors, fcr and in consideration of the sum of TEN DOLLARS AND NO CENTS ($10.00), and other :consideration, the receipt and sufficiency of which is hereby acknowledged has remised, released, sold, and QUIT CLAIMED, and oy these presents does remise, release, sell and QUIT CLAIM unto the Grantee, its successors and assigns, all the right, title, interest, claim and demand which the Grantors have in and to the real property, together with improvements, if any, situate, lying and being in the County of Garfield, and State of Colorado, described as follows: SEE LEGAL DESCRIPTION ATTACHED HERETO AS EXHIBIT "A". TO HAVE AND TO HOLD the same, together with all and singular appurtenances and privileges thereunto belonging, or in anywise thereunto appertaining, and all the estate, rLght, title, interest and claim whatsoever of the Grantors, either in law or in equity, to the only proper use and benefit of the Grantee, its successors and assigns, subject to the following: None C f1" 11111111111111111 III 111111111111111111 1111111111111 519085 01/13/1998 02:33P B1050 P35 M ALSDORF 11 of 13 R 0.00 D 0.00 GARFIELD COUNTY CO IN WITNESS WHEREOF, the Grantors have hereunto set their hand and seal the day and year first above written. L DAVID W. MAVES 511170,7t'?/ 6://,(2i1 -,9C.2 MAXINE J. MAVES STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) The foregoing instrument was acknowledged before me in the County of -afield, State of Colorado, on this the 2r1-1 day of -ebe-r, 1997, by David W. Maves. WITNESS MY HAND AND OFFICIAL SEAL. My Commission Expires: lobo icV7 A VT -VI � V Notary Public (� 5 h, po.,,,, s4 Address of Notary Page 2 of 3