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Home My WebLink About2.0 BOCC Staff Report 10.15.2007Exhibits for a Public Hearing to Vacate a Portion of County Road 304 Exhibit Letter (A to Z) Exhibit A Mail Receipts B Proof of Publication C Garfield County Resolution No. 2003-07 D Application E Staff Memorandum F Memo from Gazfield County Road and Bridge Department, dated October 1St, 2007 G Letter from Bureau of Land Management, dated September 25th, 2007 ft Email from Jeff Nelson, Garfield County Assistant Engineer, dated September 5th, 2007 I Letter from the United States Department of Agriculture, dated September 27th, 2007 BOCC 10/15/2007 CR Request to Vacate Public Right -of -Way Project Information and Staff Comments REQUEST APPLICANT LOCATION EXISTING COUNTY ROAD Vacate County Road 304 from its intersection with the western property line to the end of the Klebold property Larry and Karen Klebold Southwest of the Town of Parachute, CO County Road 304 (Richardson Road) 1 BOCC 10/15/2007 CR I REQUEST The Applicant is requesting that the Board of County Commissioners (the Board) vacate County Road 304 from its intersection with the Applicant's western property boundary to the end of their property. The existence of a Public Right -of -Way is identified in the deed to the Klebold property. Different alignments can be found on County map documents. Some maps depict access to public lands and others do not. Line files from the County's Geographic Systems Database are not always based on legal descriptions. In some instances files are created by GPS coordinates taken on the existing travel way. II REQUIRMENTS Requirements for vacating a public right-of-way are identified in Garfield County Resolution No 2003-07, Colorado Revised Statutes §43-2-201.1 and §42-2-303. Garfield County Resolution No. 2003-07 requires that Staff refer the application to vacate any public right-of-way to the following: • County Manager • County Attorney ■ County Road and Bridge Department • County Sheriff • County Surveyor • County Engineer • Town of Parachute • Colorado Division of Wildlife • Bureau of Land Management • U.S. Forest Service ■ Colorado Department of Transportation • Grand Valley Fire Protection District Additionally the Resolution contains application submittal and public notification requirements. Colorado Revised Statutes §43-2-201.1 is specific to the closure of a public right-of-way extending to public lands, which identifies a penalty for blocking access to public lands. Anyone who intentionally blocks, obstructs, or closes any public highway extending to any public land has committed a class 1 misdemeanor. If it is the intent of a private property owner to close public right-of-way providing access to public lands the owner shall notify the Board of the proposed closure. The Board shall post notice of the proposed closure in a publication of general circulation within sixty (60) days. The Board must provide the public with eighteen months to comment on the proposed closure. -2- BOCC 10/15/2007 CR III REFERRALS Staff received comments from the following agencies. United States Department of Agriculture: "A search of our records indicates that the United States does not hold an easement on this road nor does it provide access to National Forest Land" Garfield County Road and Bridge: "If no documentation can be found that would prove that CR 204 (Richardson Road) grants access to public lands Garfield County Road and Bridge Department would agree with the abandonment of CR 204 and declare it a private road. If documentation can be found that would prove that CR 204 (Richardson Road) does grant access to public lands Garfield County Road and Bridge would request that the request for abandonment be denied." Jake B. Mall Garfield County Road and Bridge "this road accesses thousands of acres of public lands with no other access and should not be closed to the public." Jeff T. Nelson, Assistant County Engineer (The following maps were provided by Garfield County Engineering Department) r T07S R41.1' i 107E> ;MN 9x2.1 ami TO1_R i.': '•._2; T075 R9501 Sx I'j r jC: a - �R }707S R9914 So:IT priposed :rood .pIl ,pvs * : f, \..c Tu7s/R9s�4 &:' TOYS 1295') it prllfc roatcls.ed Vic public wo04.be deniedtactcss letiat least MO acrd of putillt-lapd TO?3 i1 T(IiS R95,: TO3S R9+3%4 So -_t72 T A4Caotiv c n� T'i: jt95.V :. T!i75 Z954%' S' 2 TO?5 R95.V Sx'2d T':rt5 R951."cv� -3 BOCC 10/15/2007 CR United States Department of the Interior: "My staff and I reviewed he Klebold's proposal to vacate CR 304. According to our maps, this county road provides the only access onto High Mesa, and also Federal Oil and gas Leases. Additionally, it may provide public access onto BLM Managed Lands. Therefore, we oppose the Klebold's request to vacate this county road." Steve G. Bennett, Associate Field Manager. BLM Iv RESOLUTION NO. 2003-07 XI PROHIBITED VACATIONS Resolution No. 2003.07 §XI states that the Board shall not approve any petition or request to vacate a county or public road right-of-way when the following information has been submitted: • The subject county road or public road right-of-way provides any access to public lands; • The subject county road or public road right-of-way abuts or is connected to any property including any easement owned by the federal government, State of Colorado, municipality, county, or special district, where such property or easement constitutes a public park, recreational area or trail; • The subject county road or public road right-of-way is currently used or will be used in the foreseeable future for any county or public road purpose; 4 Staff finding As demonstrated by the maps provided by Garfield County Engineering Department and comments from the Bureau of Land Management County Road 304 provides access to public lands and should not be vacated. County Road 304 is currently gated and posted with private property signs at the gate and within the County's right-of-way. VIDEO SURVEILLANCE CAMERAS IN USE ABSOLUTE NO PASSING ALLOWED ENCAMA OIL 8 GAS IUSA) INC ENTERING PRIVATE LAND • • Vehicles Subjal 10 Search and Se:aura • Speed Lim,l 15 MPH • Reaped Landoonei's Property • Onre wdn Extreme Cou.lesy • NaTrespassing & Remain on Lease • NO Tush . No °tugs Ila Flrearms • NO Dogs • No tiellic Neowad 011 Legaa Road • No SmaYing Outside al VoNcle BOCC 10/15/2007 CR AN QTR CIR R.t\CN KI B II 51\( N SPEED EMIT 15 MPH' PRIVATE PROPERTY NO HUNTING ACCESS OIL FIELD TRAFFIC ONLY Of J,! ENCANA. 4a.' f4): BOCC 10/15/2007 CR V SUGGESTED FINDINGS 1.) That proper public notice was not provided as required for the hearing before the Board of County Commissioners; (Due to the fact that County Road 304 provides access to public lands this must be cited in the notification and an eighteen month comment period is required.) 2.) That for the above stated and other reasons, the proposed public right-of-way vacation is not in the best interest of the health, safety and welfare of the citizens of Garfield County; VI STAFF RECOMMENDATION Staff recommends that the Board of County Commissioners deny the request to vacate County Road 304 from its intersection with the Applicant's western property boundary to the end of their property. Proper public notification has not occurred and Resolution No. 2003-07 §XI does not allow the vacation of a public right-of-way that provides access to public lands. Staff also recommends that the Board of County Commissioners require the removal of the signs placed within the public right-of-way and the access gate denying public access to federal lands. -6- GARFIELD COUNTY Building & Planning Department Review Agency Form Date Sent: August 31, 2007 Comments Due: October 1, 2007 Name of application: Klebold, Larry & Karen Sent to: Garfield County requests your comment in review of this project. Please notify the Planning Department in the event you are unable to respond by the deadline. This form may be used for your response, or you may attach your own additional sheets as necessary. Written comments may be mailed, e-mailed, or faxed to: Garfield County Building & Planning Staffs contact: Craig Richardson 109 8th Street, Suite 301 Glenwood Springs, CO 81601 Fax: 970-384-3470 Phone: 970-945-8212 General Comments: Garfield County Road & Bridge Department has no objections to this application with the following comments. If no documentation can be found that would prove that Cr. 204 (Richardson Road) grants public access to public lands Garfield County Road & Bridge Department would agree with the abandonment of Cr. 204 and declare it a private road. If documentation can be found that would prove that Cr. 204 (Richardson Road) does grant access to public lands Garfield County Road & Bridge Department would request that the request for abandonment be denied. Name of review agency: Garfield County Road and Bridge Dept By: Jake B. Mall Date September 13, 2007 . Revised 3/30/00 IN REPLY REFER TO: 1610 (CO -140) United States Department of the Interior BUREAU OF LAND MANAGEMENT Glenwood Springs Field Office 50629 Highway 6 and 24 Glenwood Springs, Colorado 81601 www.co.blm.gov September 25, 2007 Craig Richardson Garfield County Building and Planning Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 Re: Klebold's request to vacate CR 304 Sec. 35 & 36, T. 7 S., R. 96 W.; PARCEL # 2409-351-00-136 TAKE PRIDE° INAM ERICA EXHIBIT SEP 2 7 2007 My staff and I reviewed the Klebold's proposal to vacate CR 304. According to our maps, this county road provides the only access onto High Mesa, and also Federal Oil and Gas Leases. Additionally, it may provide public access onto BLM Managed Lands. Therefore, we oppose the Klebold's request to vacate this county road. If you have any further questions or comments, please feel free to contact me at (970)947-2813. S'ncerely, S eve G. Be nett Associate Field Manager Page 1 of 1 Craig Richardson From: Jeff Nelson Sent: Wednesday, September 05, 2007 10:29 AM To: Craig Richardson Cc: Marvin Stephens Subject: cr 304 vacation Craig, I'm working on the cr 304 road vacation and will have comments very soon. Just so you know this road access thousands of acres of public lands with no other access and should not be closed to the public. I will provide the exhibits clearly showing my comments after a site visit. The creek it runs up is Pete and bill creek to put a location on it. Thanks, Jeff T Nelson Assistant County Engineer jnelson@garfield-county.com Garfield County Engineering Dept. 144 E Third St. Rifle, Co. 81650 tel: 970-625-6172 fax: 970-625-0908 CONFIDENTIALITY NOTICE: This communication and any enclosed document(s) are confidential and privileged. If you receive this transmission in error, you are advised that any disclosure, copying, distribution, or the taking of any action in reliance upon the communication is strictly prohibited. Moreover, any such inadvertent disclosure shall not compromise or waive the attorney-client privilege and/or the attorney work -product privilege as to this communication or otherwise. If you have received this communication in error, please contact Jeff T Nelson at JNELSON@GARFIELD-COUNTY.COM at 970.625.6172 XT 4002. Thank you. 10/5/2007 USDA United States Forest White River Supervisor's Office „—il Department of Service National 900 Grand Avenue Agriculture Forest P.O. Box 948 Glenwood Spgs., CO 81602-0948 (970) 945-2521 'sg�zrO CVr' 1':'a`!si TTY (970) 945-3255 Wiz-' i.✓'`2.FAX (970) 945-3266 OCT 0 1 7007 Garfield County Building and Planning Department 108 8th Street, Suite 201 Glenwood Springs, CO 81601 File Code: 5460 Date: September 27, 2007 Dear Sirs: This is in reference to the Application to Vacate County Road 304 (Richardson Road) mailed to this office on August 31, 2007. A search of our records indicates that the United States does not hold an easement on this road, nor does the road provide access to National Forest System lands. For these reasons we have no objection to the vacation of County Road 304 as presented in the Application. Sincerely, METH GUSTAFSON Forest Supervisor cc: Ray Langstaff, Mike Herth Caring for the Land and Serving People Printed on Recycled Paper 'w V vAL( > GRAND VALLEY FIRE PROTECTION DISTRICT 0 1777 S. BATTLEMENT PARKWAY, PO BOX 295 y �c PARACHUTE, CO 81635 9_ Q PHONE: 285-9119, FAX (970) 285-9748 TE, C September 18, 2007 Craig Richardson Staff Planner Garfield County Building & Planning Dept. 108 8th Street, Suite 401 Glenwood Springs, CO 81601 Subject: Klebold, Larry & Karen Craig, I have reviewed the Road Vacation for CR 304 plan for Larry & Karen Klebold and offers the following comment: ➢ The Fire District, at this time, does not have any objections to the applicant's request to vacate CR 304. The Fire District would still want the same access to use the road as stated in the letter dated 4-17-06 and Signed by Chief Blair. If you have any questions please feel free to contact me. Rob Ferguson, Deputy Fire Chief, GVFPD Cc: David Blair, Fire Chief, GVFPD File