HomeMy WebLinkAbout2.0 Staff ReportCoNrruue o Puslrc Hnanrtle :
Lors 22
Julv 1-6, 2001
Oax Laur Accsss - Vecnte rse Rono EasBMeNt ovnR
aun 23, WnsrsaNx Frr,rtle No' Olte
TRaNscnrpr - ExHrgrts
Glnrtsr,p CouNrY Exg:srrs
Exilrsrr A - PETrrroN ro Vacarr/ExHrerrs - Excrnpr oE rHE Plar FoR
Wssreelix Frlruc No' ONs - Erl,eo JeN' 791 1
ExHrsrr A
ExHrerr B
tsXH]BIT L
ExHrert B
ExHtgrt u
Exurerr D -
Exnrerr E
ExHrerr F -
ExHrert G
ExHrerr H
ExHrsrr I
ExHrerr J
tsxHIBIT N
Exnrert L
Marleo Norrcns
Perrrroli ro Vacarn
CouuuurcntroN FRoM
Pnrsu ReNcs - PnoPoseo DnrvewnY
Excrnpr rRou PRrHlt ReNcs Pi,er
Daart Mrlture s - GaRrtnr,o CouNrY
DrD . APnrr, 16 , 2 0 01 Pece 5
aNo OtHsn SrRucruRss
RrruRxeo RncstPrs
wtrn ATTIcHMENTS
Mn. RrcseRo Y. NerLsY otn' 7-13-01
Purrtror.rnn t s Exrtgrts
Penl4rr APPr,tcetrou -
Boano or Col'turssroNERs
- Rer,etso to n Bnroee
PAGE J
Pecn 4
4
4
Paes 1-2
PAGE Z
Pece 2
Peen
Pacs
Pecr 5
Pecn 9
Pacr l0
Peer 2 0
Pacn 2 0
Pace 3l-
Pace 31
Paen
Peen
Drorcatrou LeNcuaer CoNrerNso oN tHn Pr'ar Jen ' I97 1-
DRart MrNutss - GaRrrslo CouNtv Boano or CouurssroNERs
DrD . JeNuanv 15 , 2OOl - DRrvswev Accsss PsRI"lrr
Arrroavrt op JoHN HursrxesR
MeRxertxc BRocuuRn roR Pnpuu RaNcH
CoNrRact to PuncHess Lor 22 - Menx Goulo
CorlstRuctrott Pleus ron PRe sl't Rawcu - Suuunn 2 0 0 0
Or,o Aenrer, Puoto or PReun Reucn
LrrrnR rnou Eo PneHM - FoRl'trR Owunn op PnnHu ReNcn
Copv or Two Deros - (1) Geun Srupsotl ParHu to Lso
Jemuenon - Rrcst op Wev Dnorcarrou Alouo rsn Souttl
THnes-HuNoRno Eret op tsn Rerr, Buo AND
(2) Vrcton JeuuaRox to Pnnuus Cosvrvtue TweNrv-ssvnN
AcRss or LeNo - DrD. 1950
32
32
I Collrrtluro
Exnrerr M
ExHrert N
ExHrert O
ExHrsrr P
ExHrerr Q
ExHrert R
32
33
34
34
ExHrerts rRopt'*r;u: L6, 2001 - Tneuscnrrt]
- Copv or WRRRelll: Drso - Menlrx AcQurnruc PnnHu Rancg Peee
- GaRmsLo Coux:'' SueorvrstoN Rscur'etroNs - Sncrrou 9:3 3
Dsao ENo SIRE:: Peen
_LrrreRrRotutGleltwoooSpRrncsErnnDepaRtMsNt-MrcHesl
D. PtenR, CHrri Rer' Lrn' DrD' Mev 31' 2001- Peee
- TRarrrc Aualvsr-l RBpoRt Pnrrn Bulau
Peeu
EssRAtscH Et{crt;'lsRs
- Couurv Roen lul;';'' - HreHwav 8 2 ' Couutv Roeo 15 4 AND
CouNtY Roen 1' 9
- LsrreR rnou 'l- Pnruu RsrsRslicrlie Ersulllc DTD AFTER
;;;r" !6, 2' )L - Fr'ooo Pr'eru Specrer, Uss PeRI'{rr
Paee 3'l
Pecs 49
E"L*
Ueery*)
an{- -1--'a: /la%rzi ,*\.A4 tbtNu o+4=
PUBLIC NOTICE IS HEREBY GIVEN that a public hearing wilf be held before the
Board of CounEy Commissioners of Garfiel-d County, Colorado, on the Monday' the
11.h day of June, 200L, at 1:1-5 p.m. in the Commissioners' Hearing Room' Suite
301, Garflefd County courthouse, 109 $th street, Glenwood springs, colorado' to
consider the petition to vacate Road Easement filed by the westbank Ranch
Homeowners Association requesting vacatj-on of a road easement located at the
north end of Oak Way between Oak Way and' the boundary of Westbank
Ranch Filing No. l-. said easement is set forth on the plat of Westbank Ranch
ri]lng No. 1 recorded at Reception No. 248729 in the Garfield county cferk c
Recorder's Office. Any person desiring to express hi-s or her opinion or give
testimony regarding whether the above public road easemenL should be vacated and
whether ialoirrirrg iands would be cutoff from other public access' frdY appear at
the above date, Lime and p1ace, and state his or her opinion'
IN THE MATTER OF
Westbank Ranch Homeowners Assoc.
Petition to Vacate Road Easement
BOARD OF COUNTY COMMISSIONERS
GARF]ELD COI.INTY, STATE OF COLORADO
)
)
)
) PUBLIC NOTICE
)
-+/L
DATED *is /5''- daY of MaY, 2oo1'
Garfield County
Ex-officio Clerk
County Board'of
Clerk & Recorder
to the Garfield
County Commissioners
BOARD OF COUNTY COMMISSIONERS
GARFIELD COUNTY, STATE OF COLORADO
IN THE MATTER OF
Westbank Ranch Homeowners Assoc.
Petition to Vacate Road Easement CORRECTED PUBLIC NOT]CE
CORRECTED PUBLIC NOTICE IS HEREBY GIVEN that a public hearing will be
held before the Board of County Commissioners of Garfield County, Colorado,
on Monday, Lhe 1lth day of June, 2001-, at 1:15 p.m. in the Commissionersl
Hearing Room, Suite 301-, Garfield County Courthouse, 109 8th Street,
Glenwood Springs, Colorado, to consider the PeLit.ion Lo Vacate Road
Easement filed by the Westbank Ranch Homeowners Association requesting
vacation of a road easement located at the north end of Oak Lane between
Oak Lane and Ehe boundary of Westbank Ranch Filing No. l-. Said easement is
set forth on the plat of Westbank Ranch Filing No. 1 recorded aL Reception
No. 248729 in the Garfield County Clerk & Recorder's Office. Any person
desiring Lo express his or her opinion or give t.estimony regarding whether
the above public road easement should be vacated and whether adjoining
lands would be cuEoff from other public access, ffi&y appear at the above
date, time and pIace, and state his or her opinion. (Corrections in bold)
-.t A,
DATED th:-,s f ? '' day of May, 2007.
)
)
)
)
)
Garfield County
Ex-officio Clerk
CounEy Board of
Clerk & Recorder
to the Garfield
County Commissioners
NOTTCE SEMT TO THE FOLI.TOWING:
Marlin (Colorado), Ltd.
c/o Neiley-Ad1er
20r- N. MiI1
Aspen, CO 81511
Nevi11e, Richard H. & Diane
1-05 Oak Ln.
Glenwood Springs, CO 81G01--9345
Fit, .Iohn & ,fozef a
L41, W. 6rh St.
Glenwood Springs, CO 8l-G01,-29tl
Souder, R. Gregory &
Kramer, ,Joyce E.
PO Box LL64L
Aspen, CO Bl_51-1
Page, Sterling & Christine
0235 Oak Lane
Glenwood Springs, CO g1GO1
Mountain View Building Spacialties, fnc.
004L Oak Lane
Glenwood Springs, CO B1GO1
Cantre1l, Lynne S.
PO Box 2L04
Basalt, CO 81,62L
Rowland, Velma F.
150 Oak Ln.
Glenwood Springs,
& Fred M.
co 81501_ -9679
BEATTIE & CHADWICK
ATTORNEYS AND COUNSELORS AT LAW
7IO COOPER AVENUE, SUITE 2OO
GLENWOOD SPRINGS, CO AI60I 4 -t7-o I
Ru,t
STEVEN M. BEATTIE
GLENN D. CHADWICK
KAREN J. SLOAT
CYNTHIA C.TESTER
GDC:clh
Enclosures
releexoxE lszo) 94ffi659
FAX (970) 94ffi671
April 19,2001
By Hand Delivery
Don DeFord
Garfi eld County Attorney
109 8th Street
Glenwood Springs, CO 81601
Westbank Ranch Homeowners Association
Petition to Vacate Road Easement
Oak Lane - Westbank Ranch Filing No. I
Dear Mr. DeFord:
Enclosed please find an original and four copies of the Petition to Vacate Road
Easement filed on behalf of Westbank Ranch Homeowners Association.
Very truly yours,
( Vft ; a ^0 [('' n't i7'Ln---
( 1'*"D' chadwick
Westbank Ranch Homeowners Association
C.tn €a$ B
TO:
FROM:
DATE:
RE:
PETITION TO VACATE ROAD EASEMENT
OAK LANE - WESTIIANK RANCII FILING NO. 1
Board of County Comnrissioners, Garfield County, Colorado
Westbank Ranch Homeowners Association, Petitioner
April 19,2001
Road Easement Over Lots2} and23, Westbank Ranch Filing No. I
Petitioner Westbank Ranch Homeowners Association ("Westbank"), a nonprofit
association, by and through its attorneys Beattie & Chadwick, hereby petitions the Board
of County Commissioners of Garfield County, Colorado, to vacate a "Road Easement"
shown on the plat of Westbank Ranch Filing No. I at the west end of Oak Lane, across
Lots22 and23 of the Westbank Ranch Subdivision Filing No. l, pursuant to Sectiorr 43-
2-301 et seq., Colorado Revised Statutes.
l. The Road Easement that is the subject of this petition is at the west end of
Oak Lane, as shown on Exhibit A attached, a true and correct copy of a portion of the plat
for Westbank Ranch Filing No. l, recorded in January l97l as Reception No. 248729 in
the records of the Garfield County Clerk and Recorder (hereinafter "the Plat"). Oak Lane
ends in a cul-de-sac within Westbank Ranch which stops short, and east, of the property
to the west commonly known as Prehm Ranch. There is a "gap" between the end of Oak
Lane and Prehm Ranch. The "Road Easement" is rrot part of Oak Lane.
2. The Plat contains certain language granting to Garfield County "for public
use the streets shown hereon including avenues, drives, courts, places, alleys, roads and
lanes, ... and the utility and drainage easements shown hereon for utility and drainage
purposes only." A copy of this portion of the Plat is attached as Exhibit B. The only
streets shown on tlre Plat are Westbank Road and Oak Lane. The dedication language
does not include "road easements."
3. There is in fact no road located on the Road Easement, and a fence is
located on the boundary between Westbank and Prehm Ranch. The Road Easement
shown on the plat is not a public road or right-of-way, and has never been used as such
during the 3O-year existence of Westbank. However, the developers of Prehnr Ranch,
Marlin, Ltd. ("Marlin"), have asserted that the "Road Easernent" is a public right-of-way.
To the extent any party may clairn an interest in the Road Easement as a public road,
Westbank asks the County to vacate it.
4. Marlin applied to Garfield County in January 2001 for a driveway permit,
seeking to use the subject Road Easement for access to proposed development on Prehm
Ranch. Westbank opposed the application. The Board of County Commissioners
Petition to Vacate Road Easement
Oak Lane - Westbank Ranch SuMivision
April 19,2001
unanimously denied the application at its meeting on January 15,2001,. Among other
things, the Commissioners noted that in its initial development application, Marlin did
not propose any access through Westbank, and affirmatively stated that the northwest
access to Prehm Ranch from County Road 163 was adequate to handle the proposed
development. See, Draft Minutes of January 15, 2001 meeting, lines 427-430, Exhibit C
attached.
5. Westbank is informed that Marlin has recently obtained permission from
the County to build a bridge over Four Mile Creek, connecting the northwest end of the
Prehm Ranch property to the southeast end near Westbank. This enhances access to the
southwest section of Prehm Ranch from County Road 163, and further eliminates any
necessity of access to Prehm Ranch through Westbank.
6. The Westbank Homeowners Association, at its annual meeting on April
16,2OOl, by majority vote of the quorum present, approved the filing of a petition to
vacate the subject Road Easement for reasons which include:
a. Neither Westbank nor any other party has no present or future need
for this Road Easement for any purposes.
b. The notation on the Plat of a 60-foot "Road Easement" across Lots
22 and 23 does not create a public easement because a "road easement" is not
among the enumerated items dedicated for public use on the Plat.
c. The developers of Westbank Ranch did not intend to create a
public easement or right of way by the notation. See Affidavit of John Huebinger,
Jr., attached hereto as Exhibit D. Mr. Huebinger states that the "gap" between the
end of Oak Lane and the west boundary of Lots 22 and 23 was intentional, to
avoid any claim of public access, and that he did not intend to create or establish a
public right-of-way by designating a road easement at the Oak Lane.
d. No actual roadway exists on the subject Road Easement.
e. The subject Road Easement has not been used as access to the
Prehm Ranch during the past 30 years. See Exhibit D.
f. The creation of public access through Oak Lane, in conjunction
with the development of Prehm Ranch, would create a continuous roadway from
the area of the Glenwood Springs murricipal airport to Westbank along the
southwest bank of the Roaring Fork River. The result would be severe negative
impact on traflic through the Westbank Subdivision.
7. Westbank knows of no planned or potential need for public use of the
Road Easement by Garfield County for any reason including public safety. Adequate
transportation routes exist without access to Prehm Ranch through Westbank.
Page 2 of 4
Petition to Vacatc Road Eascrnent
Oak Lane - Westbank Ranch SuMivision
April 19,2001
8. The public interest will not be disserved by the vacation of the Road
Easement.
9. The Road easement is not within the limits of any city or town.
10. The Road easement does not constitute the boundary between two
counties, nor the boundary of a city or town.
I l. Vacation of the Road Easement will not leave any land adjoining the
property without an established public road or private access easement connecting said
land with another established public road.
12. This Petition is verified by LaMar Podbevsek as President of the
Westbank Ranch I{omeowners Association. See attached Verification.
WHEREFORE, Petitioner respectfully requests that the Road Easement described
herein at the west end of Oak Lane in Westbank Ranch Subdivision Filing No. I be
vacated; that the Board of County Commissioners of Garfield County consider the
vacation of said roadway at a public rneeting; that notice be given of a hearing as may be
required by law; that the Board of County commissioners pass a resolution vacating the
roadway; and that the resolution be recorded in the real property records of Garfield
County.
Respecttully submitted this -14'! o^rof April, 2oot.
BEATTIE & CHADWICK
Attorneys for Petitioner Westbank Ranch
Homeowners Association
enn D. Chadwick, #14575
710 Cooper Avenue, Suite 200
Glenwood Springs, Colorado 81601
Phone: (970) 945-8659
FAX: (970) 94s-867t
Steven M. Beattie, #6829
Page 3 of4
Petition to Vacate Road Easement
Oak Lane - Westbank Ranch Subdivision
April 19,2001
LIST OF E)GIIBITS
Verification and Attestation of LaMar Podbevsek
Exhibit A: Portion of Westbank Ranch Filing No. I plat, showing Road Easement
Exhibit B: Portion of Westbank Ranch Filing No. I Plat, showing dedication language
Exhibit C: Portion of draft transcript of Board of County Commissioners meeting on
January 15, 2001 concerning Prehm Ranch application for driveway permit.
Exhibit D: Affidavit of John Huebinger, Jr.
Page 4 of 4
VERIFICATION AND ATTESTATION
srATE OF COLORADO )
) ss.
COUNTY OF GARFIELD )
I, LaMar Podbevsek, state under oath that I am the President of the Westbank
Ranch Homeowners Association, the Petitioner; that I have knowledge of the matters
which are the subject of this Petition for Vacation; that I have read the foregoing Petition
for Vacation; that the Westbank Ranch Homeowners Association has authorized the
filing of the Petition for Vacation by majority vote of a quorurn of its members at a duly
called annual meeting; and, that the statements in the Petition are true and correct to the
best of my knowledge, information and belief. I further state that I have full
authorization as a representative of Petitioner to execute this Verification on behalf of
Westbank Ranch Homeowners Association.
Subscribed and sworn to before me this / //4 aay ot fre n' f .2oot by
LaMar Podbevsek, as President of the Westbank Rancjr Ho*.t*n*Je*oEiiion, the
Petitioner.
Witness my hand and official seal.
My commission expires:/- Zr/- zoo4
Westbank Ranch Homeowners Association
JUL-1,3-01 FRI, 04:46 Pll Neiley & Alder FA)( N0, 970+925+9396 P, 02
NEILEY & ALDEH
201 North Mill Street, Suite 102
Aspen, Colorado 81611
Richard Y. Neiley, Jr.
Eugene M. Alder
(970) e2s-e3e3
Fax (970) 925-9396
July I 3, 2001
VI A IIA('SIMIl.lr TRANSMISSION
(970) 384-s00s
Dorr DeJ:rrrd, Esquiro
(lm'fi ckl County ALtonrcy.l09 Eighth Strcct
Clcruwor:tl S1:rings. CO 81601
Rc; Garrficld Qt.runty Board trf County (lommissioncrs
I n th e mal lt' r o.f'lle.s t bank llanch I lomeo%'ncr.s Associali ort Petitiot t to Va cate
.lload liasctment
Dcar Don:
As yorr kuow, I rcprcsentMerrliu (Cololado), Ltd. ("Marlin"),thcowncrof thel,rchm
I{attch. On Monday" July 16, 2-001, thc Garticld CountyComurissioncls will "consiclcr" the Petltir:n
r:ll'thc Wostl:ank Ranch Florncowncrs A.ssociation to vilcotc thc road ca.qemcltt connccting thc Prehrrr
lllnch with Oak Larte. As I bcliovc you erre awarc, Oak Lane is a dedicatcrl and occcptcrl publio
rr:atlway. Thc roacl cascnlcnt in qucstion is 60 leet in wirltlr, irnpacting klts 23 ancl23 of Westt:auk
Rtttslt Sul>division. Thc Oal< lnno cul-clc-sao colnes within approximatoly 5 foct of thc Prchrn
l{anclr bourtrlary, ancl an cxtcnsiorr of tho road scrvcs Prohm Rarrch.
We bclicvc that thc ccrlitication of dcdication on the recordcd Wcsthank RancJr
Plittttrccl I)cvolopntcnt Subclivision Plat clcirrly dcdicatcs tlrc "road oascrrrcnt" for public usc. 'l'ho
lrtltgu;tgc ou tltal Plat rlcclicotes "lirr public usc thc strccts slrown hereon including avenucs, drivcs,
collt'ls, lllaccs, allcys, roetcls, and litncs." 'l'hc cxtcnsion of Oak Lanc to the Prchm Ranch boundary
i.s not tltcroly doscribod ns a '1oad oarscrncnt" rrn the Plat, but it is shown on thc Plat hy a dcpiotion
r:t' its (i0-tbtrt width bctwccn thc cul-clc-sac and l,ro.lurr Rnnch- Indccrl, thc location of the rt:ad
clsctncnt lics at tho point at rvhich thc old Midland Raih'ond railbcd loavcs thc Prchnr llunch anrl
t"trtl.ct's Wcstbrnk. 'l'he nrad wzr-s physically in placc whcn Westbnnk wa.s plattetl aM has existod for
irpllro.xinrntcly I 00 yr'^itrs.
Marlin objccts to tl'ro vacation of thr: rond ca.semcrrt. 'l'hc rr:ad eascrnent to Oak l.anc
provirlcs i:trpoflartt acco.\s to thc ['uchrrr Ranch. As wc haye advi.sed the County Crrmrnissioncrs on
it tttlttth.:r ofoccasiort.s, tltc Prchrrr Ilanc,h is bcing divided into live 3S-acre parcels, in addition to the
3 cxc'rnrpt parr;els crc'atcd carlie-r tlris ycar. J'he 35-acrc parcel idcntifred by Marlin as Lot I at thc
southern tuost cnd of thcr Ranch takcs its primary aoccss {}tlm Oak Laurr. Sccondary ncccss to thc
6c txt tt L
JUL-13-01 FRI 04r46 PIl Neiley & Alder FA){ N0, 970+925+9396 P. 03
l*lter tcr Mr. De'Ford
July 13,2001
['a11c 2
balaucc oItho Ranclr i,q alstr inrpoflant via Orrk Lauc, lrccrusc of its pnrximityto County Rtlad t09
arttl Cnlbonrlalc. Wc also c<lnsirler this access inportant lor- cmcrgency acccss and for acoess in the
trvcrtt rll'au obstnrction to County Road 163, thc prirnary access to the Ranch fronr Glcnwood
Spdug.s.
Wcbclicvo that theCourrtyConrmissioncr.s shoukl notvacate lhisdedicatetl roadway.
Mnrlin is thc propcrty owrror n:ost directly bencfittcd by the extsnsion of Oak Lane. Whon Marlin
sougltt to rlonstnrct intpn)vcrucnts to this ucccs$ bythc suburission of a f)r'ivcway Pcrffit Applica-
liuu, Tonr l(usscll of thc Carlickl Corurty Rood ard Bridgc f)epartment not<xl at thc public hearirrg
lrckl on January 15,2001 that thc proposed irnpr-ovctncnts to ihe load appcar "to mcct all olthe
standarrl.s nt Itorrql& Rridgc."
Wo wilt pl'csr\lt cvirlencc at Monday'.s lrr.'aring frorn ourcnginecrs (Enartcch) that the
ntltlitional trlfllc on Oak [anc antl Wcsthank Road wonl<l bc nrinimal. At pcak hours, the Prohm
Riutclt will add 2 vehiclt's pcr ltour to the cxisting 7 vchiclcs pcr hour on Oak Lane and the cxisting
(i7 votriolcs pcr hour ou Wcstburk Itoad. Thc cnginccrs havc nlso concluded that thc canying
cap:icityolboth thosc roarls is rrroro thau adequate to accomnrodate thc small inoreusc in tnrffic thau
rvill losult frorrt llphrn Ilnne]r,
We do rtot bcliovc tlrat therc aro any sat'ety issucs associaterl with the Prohm Rarrch
uso oJ'thc Oak [,rnc accoss. Rathcr, thi.s appuars to bc a political isstro wJrerc a group of lrttnreorvnors
wartls to cxcluclc an arljoining propcrty owrrcr and taxpaycr from the use of the public roadwatys.
Scveral issues arr: pertinont to this tliscnssion.
.!Irhtiq,.l,lorli$.c
As I nnr surc y()u ilrc awflrc, C.R.S. $ 43-2-303 dcscribes thc nrcthod by which a
cottrrly roarlwiry lrray be vacalcd, Subscction (2Xb) rcquircs that the publio noticc of thc ho:tring
"slnll indicatc tlteit a rcsolution to vacatc thc county roadway will lre prcscrrtcd at the hcaring."
't'ltc noticc givcrll in this ilmtancc only says that thc Couuty Cr.lmmissitluets'kill
coluirlcr thr: ltotltlon to Vacato the Ro:rd Uascruent." Marlilr's positir:u is that whilc thc
Courntissirlncrs ltliry consirlcr the l''ctition on Montlay, thcy cannrlt proceetl to aotually vacatc tho
rorttlway cxccl)t at a hcaring hcld in conrplianco with thc rcfcrcnccd stiltutc.
In this rcgord, it is Marrlin's pr>sition th;rt thc county n>adway has indced bcon
ustablislrctl. As notcd abovo, tlrc physical roadrvay hars heen in placc lbr a number of dccarlcs. We
lvill llrcscnt ovidcnce fronr ErI l)rchru ofthc usc of t]re roadway by thc Prelun and Jamrnaron fanrilies
ovcr thc ycars. Wc will also providc ncrial photography shr>rving the physical location of thc nrad.
\[/o bclicvcr that the dcsignution of thc "roa(l cirscnter]t" on thc Westbank Plat morcly rcficcts thc
c'xistcllcc o f tho thcu oxi.{iting roatlway, irntl thc temrinolo6ry uscd distingrrished the old railhed from
ronr:l irtrprovonlcnts thc dcvcloPer iutcnclcd to install.
JUL-13-01 FRI 04r47 PH Neilev & Alder FA)( N0, 970+925+9396 P, 04
Lcltcr lo Mr, l)cl'ord
.fuly I3,2001
IhBc l
Mh tl ! r' 3 l.ti glrl_o.l neee,s.s to tltg_C c11gir I SrrQgl$$lgli
c,n.!..s1 4.3-2'14'l(l)(u) authtlrizcs ltrcal govenlrncnts to regulatc vchicular accsssto or' fi'trtlr any public lrighwrry. In particullr, subsection (o) of tnat statute f,rovidcs rrs follows:
'[ltc Provi'sions ol'this scction slrall not bs dccrned to denyrcasqnablc
access ttr thc gcncral .streel systeur.
Marlin fccls strr>nglythart vacating tho Oak Laneaccc$.s woulcl denyreasonalllc accossto thc Prt'hnt Rtnch. Atthotrgh wc tlo havo occoss frorl County Road 163 on the northwcst of the
It atrt:h, shr:ultl tltu (lottitnissiorlrrrs rlccidc to rlcrry acccss to oal( i,nrr", thc propcrty olvncrs will huvokr tritvel tlvct 7 rnilcs ftrrthcriust to gct to County Road 109 nncl thclnosi 4iicct an4 logiont aocess
Ltl (.lnrl:ontlolo, tho ltow l{ose Ranch (lolf (lours.;, Aspc, CIcn ancl Ilighwny g2 to Aspe'.
' 'l'lrc Oak Lanc acccss will continuc to bc usc'd by utility coutpnnics who provide
sct'vioc,s tt: Wcslbank orltl whosc liucs run tlrrough tlrc Prclrrn lkich. Thcrc 0r..,u",1*ts in pl.,rc,olor tclcplronc, fibcr olllio, gas arrd olc,ctric lines.-
Thc Jnmrttarorr lhrnily hns a spring on tho. southem portion of thc prchrn Ranch,whioh provitlos dotncstic watcr to ttcil ranch acn,.s"s tho Roaring F'ork Rivcr. Thcy nccess the ranchvia oak Lattc sevcntl titrtos cach ycar lbr rnaintencncc purposc.q sometimos with ireavycguipmcnt.Vnc:ating tlre roiltl cnscltrcnt would in fact cut off theii nccss to the Ranch ns their c.lsenlcut runsliont tlto edgo of thc Pt-clutt I(arrch at Oak [,ano, 300 t'cct north to tl:cir sprir:g.
Marlin cortsidcrs thc possihilityof a loss of acccss to bcbothunreasorublc and unthir,
llilrllcrrlarty in liglrt oFthc litot that rruttt.'rous oihor parties will continuc'to have acccss along tfrc "erysattil' roadrvny historit:rtlly u.sctt lly the Prcltm Rarich owners for ovcr 70 ycars.
Cqtt ri: s mi$ o n litrJ,qg.t r, f A-cpc.ss
'I'hc're is a subslantial Iino ol'ca.scs dcaling with thc right of a propcrly owncr torccc'ivc conrpcnsution tt>r loss r:la lluhtic accoss.
ln Sruk l)cpurlment of Ilighway-r v. I)uvis,626P.2d66l ((:olo- l98l), t5c SupremcL-ottlt rccogrrizcd tltirt govommcrrt hns thc ability to take arvay acccsses to scwe th; public'goo4,'l'hcrc, thc Ccrrrrl stote-d as fblltlws:
'l'lrc right trlacccss is thc rlght of a Iandowrror who abuts on a strcol
or lr i ghway to r oasonatrl c ingrc.s.s ancl cgrcss. R ad i nslg, v. Dc n vc r, I 5g(jolo. I 34,4l0lt.Zcl G44 (1g66); Minicqtn C,o. v. licnver,6T Colo.
1J?:J86 P.539 (19t9); r,uebto v. Sttiir,2O Colo. 13, io p.7g9
(1894); (iirlt if tlsTncr v. Itaycr,T Colo. 113,2 p. 6 (t Abg; people
v. lyon,54 Cral.2d Zt7, 352 p.2d 5lg, 5 Cal.Rpti. f Si'(t960).
9.lrgy, Frontagc lloacl-s: 'lb Ctln:1:r-xsatc or Not to^Conrpr.nsite, 56N,w.l..Rcv. 587 (t961); cam1iloil,'r'he r.inrited Acc.-sr Highway
JUL-13-01 FRI 04:47 PI1 Nei ley & Alder FA)( N0, 970+925+9396 P, 05
Lcttcr lo Mr. I)oFr.ud
July 13, 200t
Pagr.4
somc Asllocrs or'(ro*pc'nsation, g [Jtarr L.Rev. 12 (1962). Alcn<lowrlur's right of access tt: ond frtrrn lan<I abutring
"
hi;il;;i'r"*y
be rcasottably rcgulatcd lbr thc public safcty or wolftrc undcr the
nol igc^ pow cr. I [rq,vtitt u. I.l igltviul, Depa rfnicht, I 7 S Colo. g3, 4g5P'2d 89(r (t971). 2A, J. Sacknra,, Nichols on Enrinc,t Domain,ti6.4.443(4) (rcv. 3d ctr. r976): [, orgcl, valuation Unrrer Thc Law r:fIjnrinc'nt D-rurain, s l (2rl cd. rg53). scc gc.nerail y, ctty of tri*trtu,v. Kahn,s In<:.,190 Cokr. g0,543 i,zallt ttglsi.' ' r - --'---
1'ltc powor ol'tltc'govommL'nt to rcgulate accc'ss is limitcd, howcvcr,hy Arliclc II" Soc:tir.r1 l5 ol' tfto Crtlorirrlo Conslitufiol wSich
llrovidtx: "I'tivate;rrrlpcrty shall not he tirkon or darnagcd, fitr puiiicor privatc usc, without just compcnsatiorr.,..', Thc quitiun oi*r,"o
thc rogr.rlation of lrrnrl uttclcr thc policc power bcr:orrru*s a ,taking,, tbrwhich cotnpctrsation is ct>nstitutionalty rcquircrl is a rnatter;rUJgr;"-soc (ioilop) u, nrirdrilc comni,ssion, rrzi tr.zrt g94 (rg8l). -vfiJr.
propcrty.r:ray hc lcguratcd to a ccrtain cxtcnt, if roguiation gocs toofar it will lro rccognizcd as o toking. penn$,lvinia Coa"l Cr.-r.Llahon,260 ['.s. 393, 43 S.Cr. t5g, 6z L.Ed. i22 (1922).
Marlirr qttcstions whctltcr Garficltl County can tegitimatcly deprive it of the pso ofthc Oal< Lano accuss as an.appropriate cxr.rroisc of poiilc fo*or, Wc rlo not beliovc thcrc is alu:gitinrltr:salctyissrrcas.srlciaicrlwiththcwcst[:anl<lr.titi.r,r. Rather,rvgvicwitentirelyasamattcrof trolitic:al pros.stlro intposcrl by a group r:Fhorneown.r* ,ho irr offict *rirt 1.,. pirblio roads to bc[re;rtcd as thr.ir lrrjvute propcmy.
In ihis rogarcl, iI i-s irnportant to trcar irr rninrl that Gar.fickl County maintains mclplows tltc'sc roacls with litxpaycr dollais corrtributocl by Marii,r, nnrl thc prehrns pver the years. whyshtrttlcl. ottc ptrrperty.owrlcr lre doplivcd of tho ur" oi' " p"ilii. arnonity for which it pays irbsc,t ncolrrpel,ling safcty r clatorl rcasou?
Itt /)rlvls. -thc suprcl:rc Coud wcnt on to discuss tho concopt of ,.substartial
inlpairtttc:ltt" of flcccss- 'l'trat conccl;t was llso cliscu,ssctl in Depa rlntenr .f Traustrtot.t.ttio, v. I.,itstIntu''tutc ('omnr'rciai, 881 P.zd 473 (colo. np1r. rso+j.- l. that case, the court of Appeal.srct'ogtlizal tlrat ttrcrc circuitry olrouto trr inc*l,.ucnion"e cio n()t constitutc cc:mponsablo danragc.src;;ulting falnt thc klss ol'an ac.,.ss point.
ln 'fmrc Dc1)ctrtmcnt o{Ilighv,ays v. lntcrstutc Derwer west,Tgl p.2d I I lg (colo.l9r)0)' the Suprcrnc.Cburt rccoguiiccl again-that it is when govenrnront goo.s.,too lar,, thatcotrtpr:nstttion is re'quircrl 1br impainnent of acc.s.s cven il'anothcr accoss cxisis. 1.5crc, thc C.urtrtrlul that eirch casc turns 0n lts or.vn rhcts anrl ,irrt tirr"y factors wcrc t, bc c6n.si6crctl indotr:rmining rvhcthcr or not ac$css is srrbstantially inrpnircd, including the usos of thc propcrty, [hctttrttthcr rrf ccolrotttic rrnits on thc pnrpcrly, topofrapliy, othcr availablc ;rcccsses and the suitabilityol'rny rcrtraining flcocss ltrr tltc uic oittr" propcrty. In each case di.scussccl by thc Suprcmc Court
JUL-13-01 FRI 04r48 PH Nei Iey & Alder
ItYN/oglccc: Marlin (Coloratit>), Lttl.
FAX N0, 970+925+9396 P, 06
I,cttcr to Mr. DoForrl
,luly 13, 2001
lrago 5
iil rvhioh aoocss was ttot tlccnrcd sultstnntlally irnpairocl, othcr acccss in roasonablc proxinrity to thconc l'acated cxisted. 'l'his cirnnot bc saicl with lcspcct to thc prehm Ranch.
If thc ()ak [,anc acccss is token lway, Marlin's Lr.rt 8 whic]r is inrrnediatoly adjacentkt Oalt l,artc lvill havo-to travcl irpproxinratr.ly 8 nriles to get to the san:c point of acccss on its
Propelt5t hotlntlary. I['thc Oak Larrc acccss i.s takcn ilwity, thlrc rvill be no alternativo acccss to thellnttcir in lho civcnt of a-catastr-ophr: at thc r:rur:icipal aiqiort, physical 6arnage io County Roatl 163sut:lt as n lanclslidc or olher r'.ircumstoncc:s shutting ofl'(:buniy t(bad I 63. Ailoterl abovl, it ls niorctlran 7 tnilcs lnrur thu'CountyRoad 163 acceisio thc Ranch to Courlty Road I09 at Wostlrank.Acccss Lt: llrc sotttlt of tltc Ranoh will bc substantinlly impaircrl, and acccss to the gclcral ,ria6systcnl rvill bc significantl) Ilrorc rlilficult if thc Ook Lu,rc ac,ress is vacatctl-
Mrtrlin bclicvcs tlrat it will be cntitled to crrmpcnsation for substantial irnpairnrcnt ofits accc.rs if the Oak fanc accc:ss is vacatcd. Irr this rrgard, our atlviscrs infor.rn us that tlrcinrl:ainlrcnt of valuc could bo S50,000.00 or morc pcr klt in the Ranch. Ther.o are g lots on thcItanch. obvir>tt.sly, thcrc aro.substantial llnancial issios at stake in acklition to thc issucs of fainressnnd ctlrrul lrcallnent r:f hlxpaycrs.
.Cr4glrrsirin
lr'fnrlin ]ras lnadc sevcral <liffbrent pltposals to the Wcstbarrk Ranc[ Flomcownr..rsA'ssociatiorl ltrr lirrritcrtl and controllcd acc'css bctween thE Ranch antl Onk l;ure. T6esc proptl.salshnvo gono llllmswcrc(l ilt thc Prcsent tinrc, prirnarily bccause thc Westbalrk I{omeowners bolievcC:rrliclcl Corurty will vacate thc oak Lanc access obiignting Marlin to seek othcr privatc arccc.ss.
Martitr reqttcsts tltat Ciatfiolcl Countynot vacatc Lhis historic aoccss wlrich 1as cxistedsitrcclongkrcforcthcorc'atitlttofthoWcsthnnkRanclrSubclivision. Marlinrloesrrotbcliovcvac^ting
tlto ttccous wotrld bc a lcgitinratc excrcise ol'the County's polico powcr, VarHnls itcccss will bcsuLstarttially inrP'.]ircrl if this puhlic rorclway is vacated, unil .o,n1r",sation will bo nrandltecl.
5i{AE'f[CFJ /nc. Consutting Ertcrneers and Hyclrologists
January 8, 2001
Mr. Tom Russell
Gartield County Road and Bridge Supervisor
902 Taughenbaugh Blvd. Suite 305
Rifle, CO 81650
RE: Prehm Ranch DrivewaY Permit
'*4"-1!{fl-1,,?g#*F'id--
-,#dhBx&lix*,.-
Dear Mr. Russell:
Please find enclosed the following documents for Marlin (colorado) Ltd's application tbr a
Driveway Perrnit fiom the cul-de-sac on the north end of Oak Lane in the Westbank Ranch
Subdivision into Prehm Ranch:
o Signed Application for Driveway Permit
o Design Uiawing of the Proposed South Access driveway into Prehm Ranch'
. Letter from Neiley & Alder dated December 21,2000 discussing the legal access
for the ProPosed drivewaY'
o Copy of the Notice letter sent to the Westbank Ranch Homeowners Association'
It is my unclerstanding that this application will be considered by the Board of county
Cornmissioners during ttei. January 15'r' meeting. I have enclosed additional copies of the
Design Drawing fbr use at the meeting. Please give me a call if you have any questions or if
you need additional information'
Sincerely,
ENARTECH, INC.
Peter Belau, P.E.
PB/jlw
Enclosures
cc: TonY Lawson
Rick NeileY
Mark Bean
E-mail: Peterb@enartech'com
COMMON\PJB200l \439-02-ltr T' Russell 010801
3C2 Eighth Street. Suite 325 P.a. Drawer 160 Glertwortrl Sp'rings' CA 81602 (97o) 915-2236 Fax p7A) 945-2977 A/ww enarlectt com
€
t,
oLt ar/ loal z3: L4 bZ3UOZ
-rqf; Duu
Applicrrlo Drrc; l/llx/lol
Terubdbn Drtc:
Srt{omnnor:
ROAD Al'lD BRIDGE PAGE 02
Fcrulrc: Mrrllr IJd.
c/o Fctcr Dclu
lrrpccton Xtuy
hrnit ItluaDor:
Ccrnty Bold l{rnbcr:
Ditrri.r:
t2Ot l,.rc Acccu
I
l.&rltrs tEr€by requcnr permisiou and arlhcity aom &e Board d couty commissioners to onstrucl e &iwnray rpproach
(ec) onrhc rig[rof-qzyof oEr 1ens, riu,fr. nnpfui troprrty tocaonitr ls@glside of rod fromilrfiElqlgg!
in the Wcst Batrk nrb&r'isim for the purpoe of ohehiqg acc.ss !o Propcrty'
apdicant nsariu hcrcwith for rlr oasi&adrN rnd amrroal of lhc B€d dCorrntv Cmrmiseimcm, a Mtr dthc prW'g
insrallstion shoring all the usary qccifcation (hail irc-luding:
l. Frcatagpofbtaloogrord.
2. plsec A,ool cmtltliE of rEd o ptqaty lirc.
3. Nutrrof &ivcrryl rcSffil
{, widh d proprcd &n/sffiri ad UEE d ryryro.cn"5. Dilane fi,on divsrty to rmd imcmaio4 if uy.
6. Sizs ard shlpc of arca rcparrting &htEnilyr if nore ltan onc apmrch'
7. Se&eck dirtrncc of hrildin4l; ed othcr ltna:hr|€ iryrot/clDcol3.
C,cncnl Provirion,
I ) Thc eplicor rEprEstrs dl perdct in increst, end afirnrs rhat rtrc &haway EPqoecl(6. ) ir to be concnracd by bim fc thc
bo6g fidc purF6€ of securirg rcosts to hir ffi' ,rd na for ttp prposo ofbing hrsincss or *nricin6 vchicleg on rhc
rcad rigltr of ggY'
2', Thcapplicrilshallfurnbhelll$orednilcrids,pcrbrm{frredrrndpcy"tlTtttincorrrcctionwithtbcoaructionof'
rhc d#encfls). AIt ro6]j shall bB codrplsed within rhi4v (30) dty! of tbc pcrndt arrc.
3) Tbc r,?c d sourruairn rhe[ bc er &signmod ralo rprovcd by ttrc Borrd of Counry Cotrdesioncrs or tbir rtprcsahq
end a1rnrcrirlg u$d Bhallbc of sti6doty+"fi y ma-rOl.air inspecrion and afrutrel of Itre Board of Ctiunty
Comrniseitnrrr or rbc& rtplcrcrfiw.
4) Tbc rrn cliag pbtic rhdt be procad eniry tu in*illrtio narh-qgqnr- ySmrns siens 9d rimlr ud the Berd of Crmty
Cmntsa
"nd
115;r e,i .moioruO-afin
"rA
r4oycc shall'b hekl harmless rgrins any rtion br pcrsonel injury o
propcrty&naEe oldrrcdbyaryraorr sf thc atrsir of thc PlrmlL
i) Tb A,pdicsn rhall rmrc r+om:tiliry br thc r@\nl or clcrrarc dsmu" ic1. or slcct upo any porrio dtlc' dri.,s",'t ree.."Uol r", dira arffuca ou tb &irrcrrryla) in the corrrsc of thc CorEy snov rcmovd operaions
6) In rhc 6,td itbccm trc$ry to 1tmuc rsy rig1td-wry fr[Dc, tbc poos oncirhcr si& of the anuaIcc sbell bc rualy
b,raed b!furc thc fc is ort to
-prwcm
.sy Uichirg of tu icmdory ftne, and all P6t6 aDd s'ir8 rEoCIrcd shell bt hrncd
ovcr b tb Districf Rmd Supcrviror d lbc Eo.d of Conty Coauisci@fs.
7) No rcvisioD, or r&ime shalt bc ltro& to ths &ivc'ray(O or ilr aprcnsosls qr thc rigttd-rny qftboil wrin o
pcrmtsioo dtb, Bad dCqmy Coonireiorn
Specificetions
ROAD AND BRIDGE PAqE B3
-st/93/?OOL
?3:l'4 5:5862/
I . A &irrcsray agproach ig rm&rsood to be tlra porticr of the.col! red riglt'of ssy'b€Nvolrl 6c pavuneU odgp
and te prope,rty line tli!? is deiigtod .od ;;'fr, to id"tOaogt i'i t""mJt*t'--the roadrrey aod ebrriag
ProPelty.
2 Ar anv irrterrecdm, a &fuuuay ry B r*tridod for a nr*cieat distance from te intcrssctio to promnm the
nonnai :;rrd rrfr Eov€ln rtr oftnffic. (t ir"i*o,="T'ai-fo' runl-residerr* ryTfrhzt a minimtgt
tursr,ocrim clcarooe of 50 ft€. b. prorrd; J tn t r,"f cqnmcrcial o,trenee' a minimum of I00 f€d bG
Providcd)
3. AII atraca ad cxits etrell be ro lmcd and d8.ru,!d 'rq v&iche 4proa&ing on ruing &[n wiU bs rble to
obrab adaq,ac eig6 distzooe mbd Ar"ai-" "f-gt".o."t,j ' or&rtOmanqrt'e'r oa6lyodwihor
nrcrftnr\g wi6 cotrtty rmdtra6c'
4. Thc Applicaut sball na Ue perminod to crect oy^EUD o'. display nraterial' sihcr fixd or nnrabh' o or
€xtcoding orcr uy portio of6e *toly rod rig[<f'*ay'
5. Gacrally, no rmrgfio ure apprech 3brll be allcflcd myP[cfl olP'wP^ry ry*,"ffi101fffi1t[,
cne hrrndrod (lo0) ftd. edarticiar Gnqac.: or cxits er4llltevrns a frmtage n on
fes. soal! Uc pcrmincd oly aftcr Soidng of srturl coraiencc anduocess8'
5. All &ivuvrays rhalr bc so locaod 6a 60 0",Ed podi.n rdjrant to tlrc trarrurod way will nct encrm& rpo
adjoining PrWcrtY
7 . No conrmercial driwwav shall haw a wi&h ryy ry thifty (30) het rylsyrrd d ri'ht mgks to the ceillgrlioc
of :lre dri,svay Gfigept es incrcared Uy pormilliUlc redii. Xo noJnn'nrciel &ivuuray rhall havs e *i&h greda.
ti,.. . *enry (zO) ftinnrnred a rig';F;*, .-t tlht JOt atit't"tI' dceF as incr' ned by
pcmrissible radii.
E . Tbe 8xis of m rpprech to rhs rod may bo e r righ ugt!.to tbc oemorlhe of thc coumy mad ud of rny mgb
bcwH Din€ty (90) degrcG urd siry (60;drg;ff+al od'LEtt siry (60) dEgr€c8' Mjurrnrenwill
bo made ..-rt"Sffi.-rlp" of uafri tJ*fu.rd and crhor physical cqrditiae '
9. The cqlstluctio orfparting or $n ic-iDg atBE c 6c county road rigtrtofrray ir speiEcally pn&ibitcd'
comnrmirr c",ablisb-.ors tn n "o*rlfrG th*Hpt*idroff-rte'roadpa*rng hcilitirs'
lo. Tho gtsdc of eilracc ud exit drall etcpo rlornvrud od ewav.ftorn thE r@d surace at thG saltE rdc as 6e
normal Souldor slqc aod tor a dicanoe"6i;; *tat go"-JJ&r but h no casc lces tbar twaty (20)
fs* frorr thc Pavqngtt e{e. Approad gfrd* "* t*oi""a to not more thsr tra Pctcart (107o)'
ll. All &iveways md aPrmdrcs $rll be eo cmstruCodtatrhcy Aall nct irncrfsrc *qd'" dniDege ryccm oftc
firocr or cqffiy rsd- Ihc Applicd *fb. ,"Srn d;i'''ii",r his outD "4tT:ginago
srucnrroa rc
311trgrccs dd ciliti, ufrigt1 will becm ro loaeet P:"tt 9f dn "i'A'g
atti-Ep tlllc€lo Tho Bord dCornty
Conmiuicrorir orthei,Epr*driw, pri- r"1"*rhic murt app-r6'rc the diflr€ruims of dl drainege
Etruca[6.
Note Thir pcrnft rhrll bc m.e Trtil|bb n 6c d,tc rhcrc rnd lhco rorl ir bcfuq dom- A ror{r rlctch or
drrring of tic propoacd &ivcwry(r) -;;;;.rV tnn1"t""' n' pcrait r,iU bc i'$'d xithod drilbtb
Hrrprirt, or rlctcL
OL/03/?OOL ?3:L4 5258627
-
-'tA-
ROAD AND BRIDGE PA6E O4
l)
2\
3)
4)
,)
6)
7)
spccial honsrons for Excavation of Road surface and Installation
Ary ovcrsizcd mrllti.l (lafgff thao l0 iurncr-in rlierrcr) lhd b mt utiuzEd in bas"tfill wiu be badd dby grritce'
i'Gnrr, -y t rco nrcta wilt u Y "* dtc B porndacc
wEn a pavcd or chippod nuhce is 6, it it !o be rcdrcovi& r mhdrun rhrc"irch (x) hot mix rryhrtt poch' Tcoporrry
Fch wfrh c.rfa rji; r+nAr wurfO6g 4t|gr* ",tfi *,rlO U. t et'"tO "fO hoi lnrr rsphelt whcn tlc weether or
rtallatibry of olcrielr rtk ? tlc rort !o bc *.il;-A" ;$il ;bm"d nrtfacc in tortl reo'irc lhc rcad !o b'
6.aigh crtr ud t*srEd by ro of r p,*.* ["m o, rrt' e ctipoO ;i"ft* ort will l''oit€ r ccal on of lE pa6c\
s'tichwillbctutlwidbo3hetrwidhof rudgf ubcn;*ic5n15iltOrL rcd' Forgcrhcs-rroccthlr€4 tbdgesd
Oc sl 6 vi11 or-lry 11" Gniding cdf. trx J c@ ri1l o,-ttp.dp ty
"
t"o d rhc rodnoy in thc vicinity of tbc
Grcs\riier Alphalt bt dr( r oE partcr "ill ; ""dad h t ;dt- of fnt€ (5) wdtirt DIyr. mttcr pcrnidn&
Wbn poeoDlc rlt iuellrrior 3hoild srluid thc tS odp of a fill rlqc'
Il*allrims indnimfcsd*nrcf,rrtromdingrill hrwamininmhryof 4 ftadcc?(r lhrimlurl Ooslirrusrcl
&turnt, win3uall, c culvat
IEraldoos il c[tt/slCroCd[tF ulllEhtrisdEodh lhasuh'ttl with a ninimum scPsrdbn of tt irchcsbctw!'o
imalbdm rnd ts bilon of thc crfiErt
Opca ucrrclcs rdfent to rt r.rdod ludczy rtull b ffilhd dsily to wtthin I m fct d Or worting arca of thc moct'
md shrll b brriced widr rarning &vi-s As" Ost e I ftot highbr&F plrcic ftoe will bG imllcd daily to krcp
livcdoctort of 6c opcntach aisrhoulL
In arcrc hing rtimrrto<l ntcre vc3fidoo b c*dicbo{ 11codlt;ilh.r mixnw cithcr by bon&estine drtliug ad
mtching wirh s.d nituEs "drla" ro th clrmrtic oorditims or existing rrcgcrdion will be perft'rorod' U* only ccrtnd
"""d.d rccd Noxiogs x*dodrol will bc oqspirg tlo,s with rettgrratbn'
S) Ttrc p",minc 5trout l chcck 6E R4}W of nrrorurdng leo&wss o ce if orhcr pcroits rrc rcgrre4 i'c', BI'I\4 Fqlst
Sarvicg.
Cdrfcld C@ty Rmd tod BidSp
0i./t33/.!VAl !3:14 blfubi /T(IJAD AND HH1UUL
cD gtboT
t.{cpfilc Hunbcr q70 -1+5 -
permit grilod JJill,n*ie(rOtbc proryiictr lpocmcairu end cmditlmr nipulrtcd Lcrdn'
For Board of cormy c,ommiesiotrcts' of crarficld c-ornty, colcrado:
nsertfcrulsla of CnrfiGld C,ttdy Rad td Bri*e Signanre
I-'AUL U5
.r
't)hgvisionsrdrycifrcatbnsonlhldhcrcinsballsyonellrmdsun&rths}TsedimofrhBordofco'mycommissrorrc & c""a.ra c^rmy,eiffi;rra ffip.orffi-- il r.nr, ,i,
'h,
a-tn'a ntoor 3e6 incnrporrcd hercin
as condiuoru hcrEd'
Nl drainegp ntst b addrcsd"
e*nrft gon rrstUehcktoppt-v linc'
einnurhr l{ft- l6owi&'
ATDn* lt*t & lmtca arc thc rcponoUity.of mlicau
Ttc &irrrey -r* r"cr-C""ftra Cfuily SrttvirSon rimtldio$'
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In signing rhi( aFlication
Apdicem iPi6cs ther
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l NEILEY & ALDER
ATTORNEYS
201 North Mill Street, Suite 102
Aspen, Colorado 8l6l I
19701925.9393Richard Y. NeileY, lr" P'C'
Eugenc M: Alder, P'C'
EEcEiyEDotc
3 2 zw
December 21,2000
VIA FACSIMILE TRANSMISSION
(e70) 94s-2e77
Ivlr. Petcr Belau
Enartech, Inc.
P. O. Drawer 160
Clenwood Springs, CO 81602
Oak Lane Acccss to Prehm Ranch
Dear Peter:
This letter is in responsc to your inquiry regarding access to the east end of the Prehm
Ranch via Oak Lanc through thc Westbank Ranch Planned Unit Subdivision, Filing No. [. As you
knorv, I represent Marlin (Lolorado), Lt(l.. tho owner of the Prehm Ranch. At my client's request,
I conducted an exhaustivc inr,'estigation of the status of Oak Lane for access purposes. My investiga-
tion included a complete revierv of the real estate records, the subdivision doctttncntation, tltc
milutes of public meetings, the approval granted by Gartield County, and discussions rvith the
developer's representative and its legal counscl. Based on that investigation, it is my conclusion that
there is a righi of puhlic access cxtencling trom the cul de sac of Oak Lane as it is platted and
constructecl to thc Preltrrt Rartch houndary.
My conclusion that there is a right of public access between Oak Lane and thc Prchm
Ranch is based upon the existence of a 60 fbot wide road easement depicted and dedicated on the
recorded subdivision plat. That 60 foot wide easement extends from the end of the Oak Lane cul de
sac as an extension of thc center line clepiction of Oak Lane approximately 2l%feet to the Prehm
Ranch boundary. Thc suhciivision plat includes a Certification of Dedication anC Orvnership rYhich
erpressly dedicates all of the roadways to Garfield County tbr prrblic use. The Oak Lanc extensiott
is iaid out and depictecl on the plat but was apparently not constructed by the dcveloper. thc Oak
Lane extension does, however, exist as an unimproved roadway currently providing access to Prehm
Ranch along what was the t ld Midlancl Rail bcd. The Ranch access is currently gated.
FAX Number
(o70t 925.9796
Re:
Letter to Mr. Belau
December 21,2000
Page2
If you n".a ony additional information, please feel free to give me a call. It is my
understanding that you will be submitting an application to Garfield Countyto improve the Oak Lane
extension at Marlin (Colorado), Ltd.'s expense. If you would likc me to discuss my conclusions rvith
anyone at the County, please let me know.
RYN/agk
Very truly yours,
ichard Y. Neiley, Jr.
JanuarY 8, 2001
Mr. Michael Bodrogi, President
Westbank Ranch HOA
0998 Huebinger Drive
Glenwood SPrings, CO 81601
ENABTECH tnc. Consulting Engineers and Hydrologists
-\NIJZZ-
-ZAIS-
^ZIN.
Prehm Ranch DrivewaY from Oak Lane
Dear Homeowners Association:
This letter is to notiff you that the Garfield county Board of commissioners will be
considering an Application for Driveway Permit from the cul-de-sac on the north end of Oak
LaneinWestbankRanchintoprehmRanchonJanuary15,200l.Themeetingwillbeinthe
commissioners Meeting Room on the third floor of the county courthouse in Glenwood
Springs. Please call Garfield county for additional information'
ENARTECH, INC.
Peter Belau, P.E.
PB/jlw
E-mail: Peterb@enartech.com
COMMON\PJB200I\439-02-IIr M Bodrogi 010801
302 Eighth Street, Suite 325 p.O. Drawer 160 Gtenwood Spnngs. CO 81602 (970) 945-2236 Fax (970) 945'2977 www.enadech.com
r
or*?IlI,1oo''
PRoGEEDINGSoF'r,eEbniooicour,rTYcoMMlssloNERS
GARFIELD COUNTY, COLORADO
The continued meeting of the Board of county comrnissioners began at 8:00 A'M' on Monday'
April 16, 2000 with Cf,uir*u. John Marti' und Commissioners Walt Stowe and Larry McCown
present.Alsopresent*.,"Co,ntyAdministratorEdGreen'JesseSmith,andClerk&
Recorder Mildred Alsdorf'
ExcerPtfrom Minutes
REGULARAGENDA:PUBLICHEARINGS.BUILDINGANDPLANNINGISSUES:
REeuESr FoR AppRovAa: FLooD pmrn #ELinl use peirvrir. L.GATED: APPR.XIMATELY I
MILE SOUTH OF GLENWOOO SPNIruCS 6ii OT COUNTY ROAD 163' APPLICANT: MARLIN
n*ml;il #lff"mHlr Belau - Enartech Engineering; Attornev Rick Neilev and Bill
Johnson - Earth Resource Investigation were present' , r ,r-^ /a^**iooi
Don DeFord determined that the iequired notices were timely and the commissioners were
entitled to Proceed.
Chairman Martin swore in the speakers'
Mark Bean submitted the following Exhibits: Exhibit A. Proof of Publication; Exhibit B -
Returned Receipts; Exhibit c - Application and attachments; Exhibit D - project Information and
Staff Comments; Exhibit E - Garfield County ZoningResolution of 1978 as amended;
and Exhibit F - Letter from U.S. Army corp of Engineers'
Chairman Martin submitted Exhibits A -F into the record'
Mark reviewed the project information and staff cornments. This is a request for a Floodplain
Special Use permitio utto* for the placement of fill, construction of a building and other
i-,irprou"-"nts in the Roaring Fork River and Four Mile Creek floodplain'
The subject property is located south of the Glenwood Springs airport' The property has Roaring
Fork river fiontage along the west side of the river from just south of the airport to the northern
boundary of the westbank subdivision. Four Mile creek runs through a portion of the
northeastern section of the property'
Mark said there was additional documentation to the offrce here to identify whether or not they
are complying with the standards which basically requires that anything within the flood fringe
that is residential in nature, has to be build at least I foot of the one hundred flood elevation as
identified in the property in question. The areas within the flood way' an engineer has to and has
made the statements that there is not going to be any increase in flood plain elevation in that
particular area -it has to be 0.0.00 increase. All of the improvements that are proposed to be
placed in the flood way are the type of construction that will not cause increase - Mr' Belau can
explain that further, if you have additional questions. Mark noted for the record there is one
additional zoning r.qrrir.-"nt which is Seciion 5.05.02 which requires a 30'horizontal
separation or setback from any high water mark of the stream or river in Garfield county. That's
why any residential structure to be built would also have to meet that particular requirement'
staff has recommended approval of the Special Use Application with a number of conditions'
Recommendation
Staff recommends Approval of the Special Use Permit based on the following conditions:
I . That all ..pr"r"niutiols of the applicant, either within the application or stated before the
Board of County Commissioners, shall be considered conditions of approval'
2. The applicant's engineer tnust submit a proposed Individual Sewage Disposal
System design for-any ISDS to be located within the t'loodplain, prior to the approval of the
Special Use Permit and that the ISDS design be approved by the county Engineer's office'
3. Any new construction on the new fill shalimeet the following criteria, with an engineered
design, with stamped plans submitted with a building permit.
(A) The lowest floor, including basement, of any new or substantially improved building
designed for residential occupancy shatl not be less than one (1) foot above the maximum
water elevation of the 100 Year Flood. Prior to the issuance of a certificate of occupancy, a
stamped floodplain elevation certificate will be submitted to the County Building Department
for attachment to the building permit file'
(B) All new construction or substantial improvements shall be reasonably safe from flooding'
(C)Allnewconstructionorsubstantialinrprovenrentsshallbedesignedarrdadequately
anchored to prevent flotation, collapse or lateral movement' be conitructed with materials
andutility"quip-".,tresistanttonooaaurnage,andbeconstructedbymethodsthat
6lrutri".:i,i:ff:;;water.r"!.pry systems and sanitarv sewase '.{'1'."'.'hall
be designed
so as to minimize or eliminate infittration of floodwaters. bn-site individual sewage disposal
systems shall be located so as to u'ola-i*puirment of them or contamination from then
during a 100 Year Flood +L^- _^-i*n.ocnrrrti I comply with
4. The applicu.rt snalicomply with all other zoning resolution requirements anc
any p"i.rritt issued by State or Federal agencies'
ir:r::';:i::';.:*Enartech Engineering - r prepared this application and r also have with me,
RickNeileywhoistheattorneyworking"r,r,i'projectu"agitrJohnsonisthewetlandand
iofr"ry consultant if you have any questions related to their work'
Basically, what we are doing, thi; i; the Prehm Ranch Project - there's 8 Lots on 191 acres
including 3 exernptions lotslhat have been previously approved' not finalized yet - they haven't
seen the final plat on that yet, and 5 - 35 acre lots. What we're requesting is to replace the
existing bridge over Four Mile creek which is in disrepair. the new bridge will be significantly
larger than the old bridge - in fact the new bridge will span the flood way entirely but tliere will
be bridge construction wittrin the floodplai., area; and also-there will be rock rip-wrap placed to
protect the bridge structure that will be within the flood. There will also be some stream bank
a,d raperian restoration work and some fish habitat improvements in the vicinity of the bridge
that is part of our request. Bill Johnson is working on that and is coordinating with the Division
of Wildlife and that iras been approved by the Division of Wildlife and Corp of Engineers'
On the Roaring Fork River we're proporing u boat ramp along the Roaring Fork and a relatively
flat bench that's within the floodpiai,. AnJbasically within this development there are 8 lots on
191 acres that's part of the common area that will be for common use by the 8 residential owners
within the property. They'll be able to use that boat ramp and there's also a cabin proposed tl-rat
will be for common use down in the vicinity of the boat rarnp. we did make a change on our
application, the Corp of Elgineers had requested that we relocate tlie proposed cabil due to some
wetland impacts, so we moved that up rivir and the proposed location of that is more than 30'
from the high water mark as required by the county. Sarne thing for Lot 7 is one of the
residential lots, there's a sliver of flood fringe area that we're proposing to fill to create a building
area and that also is 30' from the high water level. And I rnet with the County Engineer, Jeff
Nelson down on site and basically showed him the project and what we were proposing to do on
each of these floodplain related iiems. I also did the work on the hydrologic analysis to determine
that there would be no impact of the floodplain elevation if you questions in that regard.
Cornmissioner Stowe - isihere any advantage to the river, the ecosystem of having the rocks put
in the boat ramps projecting out of the river'
peter Belau said this was something that was added based on Bill Johnson's discussions with the
Corp of Engineers to create some fish habitat - the original proposal was just rock rip wrap
for bank protection purposes. Bill Johnson can answer specific questions.
Commissioner Stowe - Off of Lot 3, Bill Johnson or whoever, what I'm seeing on the map here,
Lot 3 looks more like just boat docking places - are those boat docking places or are those actual
'...?
Bill Johnson with Earth Resource Investigation, and yes, these are not boat docking areas, these
are spurs that are designed to slow down the velocity of the water for holding of fish and also to
reduce the velocity of the water against the rock armor that's been placed on the bank; and they're
soling to slow down the velocity of the water and improve the fish habitat.
Commissioner Stowe - improve the fishing for along the bank?
Bill Johnson - yes.
Peter Belau - the boat ramp is actually over adjacent to Lot I on this drawing.
Commissioner McCown asked if the boat house is in that same common area did I understand
you to say that?
Peter Belau - yes it is - it's shown as a cabin, it's over on Lot 2 and it's within - with in each of
these lots there's a designated building envelope and then kind of a private around each lot that
constitutes a couple of acres, then the rest of the property is common area.
Commissioner McCown - so Lot2 - this cabin doesn't exist.
Peter Belau - that's right - it will be proposed.
commissioner Mccown - yo, wilr be building it and then there will be an additional building
envelope on that lot? So this will become an accessory dwelling?
peter Belau - yes. And actually what we're going to do is we are going to change the lot lines on
Lot 2 so that the cabin is actually part of ul\ o"r"parcel. originally, the cabin was over by the
boat ramp and as I said, *" .or"d it and we don't really *uni it to be on this exempt lot' so we're
going to reconfigure taking a notch out of the corner of that lot in a plat that has not been
finalized, so that the cabin-is on a 35 acre parcel that includes all the river frontage'
Commissioner Stowe - will that cabin havl public access or is this strictly private?
Peter Belau - Private'
commissioner Stowe _ so we,ve got a boat ramp for the private citizens of these 8 Lots, we've got
a cabin for the private citizens, we've got 2 miles of public river that is not accessible to the
private citizens so we're going to put spurs into to increase the fishing ability for the private
citizen that live there, bui there's no real benefit to the general public'
commissioner Mccown - I think the general public can still fish that river portion floating down
the river.
Commissioner Stowe - down river but they can't access any of the river bank in that 2 mile
stretch.
peter Belau - that's right. While guests of the private owners can - but yeah it won't be open to
the general Public.
Commissioner Stowe - ok.
commissioner McCown - I',m still not clear on where the cabin's going - I realize it's a 35 acre
parcel but are you going to move it frorn where it's shown on this rnap?
Peter Belau - No, this is the proposed location'
Commissioner McCown - then how are we going to get that on a 35 acre parcel'
Peter Belau - we're going to remove that corner of the property and actually we have a map if
you want to take a look at it.
Comrnissioner McCown - that would help me cause I've got a map that doesn't explain much to
lTIe.
Peter Belau Pointed out on the maP -
Chairman Martin - it will go u.ross the river, here's a section where they're going to cross the
river -
Commissioner McCown - I realize that, but
peter Belau - it,ll be part of this Lot 6 which is 37.6 acres and that includes - it's a strange shaped
Iot actually - it goes do*n the river - takes in the boat ramp and the cabin'
commissioner McCown - so the owner of this lot will control all of this?
Peter Belau - the Homeowner's Association actually'
Mark Bean - the answer is yes, technically with the exception of the easement, the easements
give the other homeowners the right to cross it, that's correct'
Commissioner McCown - this will be for all practical purposed titled property to Lot 6
Peter Belau - yes, including the river.
Chairman Martin - which would be both sides, is that correct Peter?
peter Belau - portions of it. There's a shoft stretch across the river on the north end of the
property - most of the property follows here -
Chairman Martin - it goes up by where "legend"
Commissioner Stowe -did you ever resolve that with Carter Jackson as to development'
peter Belau - Rick Neiley can answer that. Again, here's the property line of the entire property.
It's out into the center and then there's a triangle
Cornmissioner Stowe - and back into here.
Don DeFord - the maps that Mr. Belau has given to you also need to be admitted as Exhibits in
the hearing.
Commissioner Stowe - okay, I guess I'd like to ask Mr' Neiley -
Chairman Martin - Exhibits G & H were admitted into the record'
peter Belau - I apologize for some of the last minute changes - we've been trying to
accommodate some requests from the Corp of Engineers and the Division of Wildlife
Commissioner Stowe - Mr. Neiley, did you ever resolve the disputed line on the other side of the
river?
Rick Neiley - we got it resolved, we agreed to place conservancy easement on the entire east side
of the river - we ha'..re agreed that Dr. Jackson can graze that property above the bank and that the
lower part of the property back down to the river will be left in an undistributed
natural setting.
commissioner stowe - and from that, you've got clear title at this time?
Rick Neiley - well, we had clear title to it subject to a possible claim of adverse position' we
investigated it with the Prehms who said they;d also used the property and their cattle had also
used the property. And rather than engagingin a legal dispute over it, we've agreed to sterilize
the property and allow Dr. Jackson to continue to grass the upper part of the property adjacent to
his land.
Commissioner Stowe - and he has agreed not to bring any suit - I just want to try and find out - is
we,ve got 35 acres there, but if you don't have clear title to that piece of property across the river'
you do;'t have 35 acres there. That's where my question is going basically'
Rick Neiley - yes, and that's one of the ,.uron, that we made the parcel somewhat larger than 35
acres in the event there was an adverse possession suit and Prehm Ranch was determined not to
include that land, the surveyors calculated that the area of it and we created a lot large enough so
Ihat if were to go away through an adverse possession suit, or site would still be 35 acres' In
other words, we anticiPated -
Commissioner Stowe - I'll tuk. your word on that, you've done the sllrvey and I haven't and we
are under oath, so.
Commissioner McCown - so that Conservancy easement is a part of Lot 6, as well?
Rick Neiley - there will be a conservancy easement on Lot 6, yes.
Commissioner Stowe - you want to buy all 6 Latty?
Commissioner McCown - I'd hate to fence it'
Chairman Martin - no fences will be allowed'
Commissioner McCown - that is the most convoluted lot I have ever seen on a proposed
development.
Rick Neiley - there,s a purpose to it - and the purpose is to keep the ownership of all that land
within the existing entiiy, Marlin Colorado that owns it so that we can put a blanket easements
and accesses across that for the all of the owners of the property within the ranch. We want to
keep it open. And we just felt that legally it made better sense to keep it within the ownership of
the Lntity owning the ianch so that we l-rad tl-re ability to place those sorts of easements on it
without restriction.
Commissioner McCown - the Roaring Fork is different than the Colorado River mark on shift to
the center of the river.
Mark Bean - in many cases - yes. I mean there's no federal claims to, that I'm aware of at least on
the Roaring Fork - Colorado River has the federal claims which grade some of those issues.
Public Comments:
Ji,r Wright - on the Board of Directors of Trout Unlirnited and with me is Mr. Ernie Bradley
who is also a board member. Trout Unlimited is interested in some of the things folks are ir-r
terms of habitat improvement which is a key issue with the membership in total. The group that
Ernie and I belong io here, is the local chapters that include the Roaring Fork and it's drainage'
the Colorado in our area which is the Eagle drainage and has membership up and down those
areas - rural as well as the urban area. We're most interested in stream access which is
disappearing at an alarming rate and this area, as I understand it, has been fished by the general
public for many years - much longer than I've lived here and it's going to disappear as I
understand it and be locked up for the private use of these folks. If there are conditions that are
being asked for, we would ask the County to ask these folks for access for the walking
fisherman. While it's true that boats give everybody a chance in the State to fish, there's
hundred's of more people who are walking than are boating or have access or can afford a boat'
And I'm not saying that all of the walkers are poor, but I'm saying that it's nice to look after the
access for those who can't afford a boat to be able to get to these waters and fish. And it's a huge
loss in terms of lineal footage of pretty easy to walk on - pretty stable bank unlike those which
get chewed up and silt in and kill the breeding fish, so the purpose of our being here today, is to
ask you to consider that in these requests and you might be interested in that this organizatron
here in the valley is also trying to be good stewards - we have our clean up operation that we
fund without county money - we're involved in the postage of signs for all of the new immigrants
who come, in a foreign language, telling them more about the fishing and what has to go in the
valley to make it usable for all of us. We're involved in education, kids, we have kid's programs
and we are also very keenly aware of the afl'ect that the fisherman have on the business and the
taxing come from this county. Those shops produce revenue and the only reason they do is that
people who can fish need to buy some supplies and if they can't get to the river, they can't buy
the supplies. I thank you very much and hope that you will consider public access.
Ernie Bradley - a member as well - lives in Redstone - I echo everything Mr' wright said as
development in this area and throughout the west increases, and to a large extend the stream
access - in this case we're talking about stream access and in other cases it may be hiking access
or hunting access or whatever, but for here stream access continuing to go down, it's a challenge
we all face and again if there's an opportunity here to provide in some manner a way for the
public to continue to have access to ifris for fishing, it would, as you know in other development'
where that's been taken care of it has worked out to my knowledge very well. Also' Mr' Wright
mentioned a lot of revenue coming in here from local fisherman as well as the visitors - a lot of
visitors - we have a very high quaiity of fishing area with the Roaring Fork' a number of
organizations as well as Department wildlife have put a lot of effort, and sweat and blood and
money into the Roaring Fork River to keep it a very high quality fishing stream' and it attracts a
lot of people, locally and out of state and they bring a lot of money into this area' And you know'
if they can't get a place to fish, then they've got to find somewhere else to go in that regard' And
the last point I would make and I know the Commissioners look after this very carefully, is that
in the constructions along this river bank, that the provisions are in place that we ensure that we
don't do any detrimental harm to that area of the river in terms of sentiment generation or
chemicals or anything else in there that my adversely ir-npact the habitat of that fisl-rery. Thank
you.
Sterling page - property owner in Westbank that adjoins the Prehm Ranch, my concern is the
bridge replacemeni- tl-," information I received in the mail, were does the bridge go to - if all the
p.op..tyihat we're talking about - fishing cabins and everything is already on the right side of the
,bridee - where does the bridge go?
. r/ ru.f. Neiley - approximat ety Vr-ot ttte ranch is up river up Four Mile Creek and will be served by
v ,rri, u.iag. u, *.ll as the tluee building sites on the property. All the upper meadow which has
historically been irrigated and grazed,our irrigation structures and the historic railroad bed
through the ranch providing access to all of the ranch up river of Four Mile Creek which is
substantial ProPertY'
Sterling Page - will this bridge give the access to that property?
Rick Neiley - The bridge will improve the access to the Prehm's property - there is an existing
bridge, it's in disrepair'
Chairman Martin --basically in the center of the piece of proPertY, is what I'm seeing on the map'
Rick Neiley - that's correct.
Chairman Martin - well within the boundary lines of the property. Have you seen a map Mr.
Page.
Sterling Page - I've got parts of maps.
Chairman Martin - does that answer your question for you'
Christine page - and Sterling - my concern is the increase in traffic which is already beginning
and the access of that ranch via Westbank which is right in the cul-de-sac of our yard. I'm
concerned about the construction traffic and I'm also concerned about the increased traffic that
may occur when all the fisherman catch wind that the fishing is good tltere and is closed and no
on" "u, get there, so they park at the cul-de-sac and hike down and that kind of thing. We have 5
children and they out there and I feel like it's concern for our family that there's going to
increased traffic in Westbank.
Rick Nealy - The Westbank HOA is meeting this evening to consider a proposal that we've made
to very limited access off of Oak Lane across a private easement which is being negotiated with
one of the property owners in Westbank Ranch and that negotiation is in part to Commissioner
Martin's concern when we were discussing an access permit a number of weeks ago, that we have
a clear understanding with the property owners regarding what sort of access would be permitted
and where it will be permitted. We hope to get a favorable response out of the Westbank Ranch
Homeowners' meeting this evening but I can't predict what they will do. At this point, we have
not been pursuing unlimited public access along the platted road easement through there and the
only use we've made of that area so far is for surveying - Mr. Belau's engineering needs and
some soil testing.
Commissioner Stowe - when you originally applied for this, did you not tell us all access would
be from the north end?
Rick Neily- no
Commissioner Stowe - that's my recollection, I have to go back and look at those minutes.
Rick Neiley - what we said was that the access for the exemption was adequate alor-rg 163 road
from the north.
Cornmissioner Stowe - so you left the impression that your access would be frorn that direction.
Rick Neiley - I don,t think we ever - certainly didn't intend with that impression commissioner
Stowe and it's a large ranch, it covers approximately 314 of a ?
Commissioner Stowe - I'm very familiar with the ranch'
Rick Neiley - we never intended an impression that that would be the only access - there is a
historical access which is in place, having said that, this is exactly why we went to one of the
private owners along the road easement to acquire using a shared driveway there'
Sterling Page since ive've started on the Prehm Ranch Project, the amount of construction traffic
in our street has gone up substantially. I know there's been access taken over to survey' to bring
equipment in - now all ihe utilities are going to be moved - my question is if there's no access
from that end, or limited access, what is the purpose of all of tliis extra activity?
Rick Neiley - number one, the utility .o,rpuni., have express accesses through there both Holy
Cross Electric and the gas company have the easements which were put in place many years ago'
We have not used that access for construction purposes, there was one mini-excavator brought in
to do a number of soils tests that was brought in aiong the historic rail bed, other than that the
only access has been by foot for purpose, of ,urr"ying to my knowledge - at least for people
involved with Prehm Ranch.
Peter Belau - the surveyors that have parked at the end of the cul-de-sac to do there survey work
probably twice and I met with Jeff Frankie at Holy Cross Electric out there once and they
t.ougrrii, the mini-excavator to do test holes on the wetland study. I think that's been the only
traffic.
Don DeFord - I just want to make it clear that the application in front the Board is for a special
use permit for floodplain purposes, it's not intended to address other potential questions in zoning
of the subdivision u'd th" clerk has noted from you also that with the bar in this cabin there rnay
be potential liquor code issues - none of those issues are raised by this hearing and have to be
addressed in a different setting.
Commissioner Stowe - would the rocks for the improvement of the riverbed itself, is that
something we can address as a board?
Don DeFord - other than as a floodplain issue, no. It is a floodplain issue'
Commissioner Stowe - I guess what I'm asking is if we allow the back filling and building of a
cabin and everything else, but not the rocks spurs would that be withil ottr purview?
Don DeFord suggested to ask Mark on the technical uses - do they address the rock spurs as part
of their floodplain.
Mark Bean - the answer,I believe the answer is yes. Peter can clarify that in terms of they were
required - Mr. Belau was required to submit documentation to demonstrate that the spurs
themselves would not cause anything, not cause any increase in the flood elevation in that area -
a 0.00 rise and he's made that statement.
Commissioner Stowe - right, but if we do not allow them, can we not allow, can we exempt them
out to just allow the cabin and the back fill on Lot 7, or not? Or is that within our authority?
Mark Bean - normally a floodplain special use permit is a technical exercise as long as they're
complying with the fioodplain regulations and meeting the requirements for in the flood way of
0.00 rise for any improvements there, the uses are allowed and in this case, this type of fill is
allowed in the flood way - I believe the answer may be that we can not disallow that if it's
something that's allowed. I'd have to defer to Don on that.
Don DeFord - you're correct in - they meet the technical requirements of our regulations then, it
has been approved.
Commissioner Stowe - I really don't have a problem with the enhanced river bank but I guess I
have a problem with us enhancing a river bank and a fishery for private use.
peter Belau - Mr. Chairman, I have one question for you, on the recommendation conditions for
approval, Item No. 2 says, "the applicant's engineer must submit a proposed Individual Sewage
Oirporut Systern design for any ISDS to be located within the floodplain, prior to the approval of
the Special Use Permit and that the ISDS design be approved by the County Engineer's office."
I've made arrangements to get the soils engineer out there to do the testing - the perk tests - but I
just as a point of clarification do we need to come back to the Commission to finish our special
use permit, or is this a condition of approval?
Mark Bean - this is a condition of approval - before they would actually issue the permit - you
would submit the documentation - we would - a Resolution of approval is drawn up that is
conditional approval and then prior to actually issuance and approval of the permit, you'd have to
comply with this condition.
Chairman Martin - that is under staff comment, page 5 also to the engineer's for approval of the
ISDS.
peter Belau - I have a request on that, we're, on the bridge construction, we're in a bid of a hurry,
we,re trying to beat the Spring run-off and would like to get started on that as soon as possible,
and I wlndering if it *outa possible to just that as a condition of the approval, in other words,
approve the SUp since we've answered all of the technical questions regarding floodplain
impacts and one of the conditions be that we need to provide this ISDS design and get that ISDS
permit approved - or does that no make any difference'
Mark Bean - we can do it prior to issuance of building permit if you want to do it that way'
Chairman Martin - did I miss that they had that they had the 404 permit in place already?
Mark Bean - yes they do. One of the attachments - page i8 and l9 to the project information and
staff comments.
Chairman Martin - I just read that. I just missed it'
Commissioner Stowe - on 3(D) where it says " new or replacement water supply systems and
sanitary sewage systems shall be designed so as to minimize or eliminate the infiltration of
floodwaters." It is reasonable to ask them to just eliminate it as opposed to minimize or not?
Mark Bean - that's the way our action - that is literally the wording in our regulation'
commissioner Stowe - okay. I don't have any other questions.
Commissioner McCown - no other questions.
A motion was made by Commissioner McCown and seconded by Commissioner Stowe to close
the Public Hearing; carried'
Chairman Martin - do we need time to make a decision, staff has provided a recommendation for
approval on conditions - do we wish to support that or is there another motion?
Chairman Martin - Walt's studying - not studying, he's thinking'
Commissioner Stowe - Walt doesn't like it, but
Chairman Martin - they're putting it on you.
Motion
Commissioner Stowe - I make a motion that we approve the Special Use Permit with the
recommendations of staff as noted.
Commissioner McCown - second.
Chairman Martin - we have a motion and a second, any discussion?
Rick Neiley - were you make the change on the ISDS system that that would be
Commissioner McCown - yes, prior to issuance of a building permit is how it will read.
Chairman Martin - is that what you intended Mr' Stowe'
Commissioner Stowe - that's fine.
Chairman Martin - all right, the motion's amended to that just for clarity, friendly second?
Commissioner McCown - Yes
Chairman Martin - I think we're faced with a new type of clientele, you're right - making it
exclusive neighborhoods and shutting everything off the public access - that is an issue that we'll
have to address as it comes up - I had a request also for making sure that we had public access
and continue the health of the river and economics of fishing industry as well as boating which
we're not addressing in this application.
Cornmissioner Stowe - well, they may be back - hopefully they'll start thinking about that.
Chairman Martin called for the question, all in favor of the motion.
Stowe - aye
McCown - aye
Martin - opposed.
1
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ain Valley
'1 Services .
d Springs
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extend a
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Prehm Ranch fishing acc€ss
afticle is wrong
Editor:
This letter is in response to the article
written Tuesday, April 17, addressing con-
cerns on the fishing access on the Prehm
Ranch. The information in the article was
TOT^A,LLY WRONG!
There has never been any public access
on either side ofthe river in the 70 yeaxs
our family has owned the property. We
have, however, let fishermen fish with
permission only. There's a BIG difference
between permission and public access. I
am not a lawyer, but it's my undersAnding
that the Roaring Fork fuver private prcp
erry ownership, in mcist cases, extends to
the centerline of the river and boats are
not ever allowed to anchor or fish from
the banks.
It surprised me that Walt Stowe made it
sound like something was being taken
away from the public. The truth is, they've
never had the access. When Jim Wright
referred to the end ofaccess to the Prehm
Ranch in terms of linear footage, being
such a huge loss - that is assuming there
is public right of access to begin with.
Again, there has NEVER been public
access.
I feel it is wrong to pfi undue hardship
on the new omers who have been obvi-
ously sensitive to all of the issues around
the river corridor. Their intent with
requesting the special use permit was only
to improve the fish habitat along the Roar-
ing Fork and Foru Mile Creek. The ovm-
ers have proposed a very exclusive low
impact preserve that is far less than
their actual land use by right.
It's just unfortunate that the newspa-
per completely misrepresented the fac8
and issues. Even the Colorado Division
of Wildlife realizes the value of the pro-
posed plan, which would enhance water
quality as well as improve the fish habi-
tat'
Ed Prehm
Li fetime Glenwood Springs resident
---l
/e A"'
Itccrrrrlr.rltrL /a - ,r'clock
P.ee,pti.n N.. 3{)5102
JEAN STMPSON PREHM
(btrnty of Garf ield
Lt :\t.
'rQ;"i
"r,.,r,,J 2 ? 19Fn 3',1:r{ ,r>Stl
Reco rrlr.r.
rrtrti{l
,,.'r i,
I
ArL AiJ*,f
. ttt 80
bets,een
olthe
Cglorarlo. of the first part, anrl
tEO iIP.IIIMARON
4915 Hr*y. 82, Gl:nwood Springs,
whore leral uddresr i*
anrl rtate of
co
I
li
:l
,lj
of the County of Garf ield und strte of
Colcrado. of the remnd part.
WITNF:SSETH.That the raid party of thc first pnrt, frrr anrl rrr r',,nsirli,rrtion.f the sunr irf1 ---Ten Dollare and other valuable conslderation_-____I)0I.I.ARS.totha raid pelf ofthe firrt part in hanrt paid hy tho raid l,art y ofthe st. .orrrl Ilrt. thr re(t lpt whp?eof, it hereby confeNed rnd ucknowledged, ha gremirerl, releered, *o-i,1, ",,.r',.y*,| anrl etilT (.LAlluEI), anrl by there
rlLl":"nttdo66renrire.releere.rell,conveyanrlQtllTCl.AlMunt(,thrsairl lrnrty oftheseconrlpart,Iig heirr.'llueeelaortrnderniSnr.forever.allthcriFht,titlc,inter€st,clnimunrlrk'msnrlqhx.lrthesairlpart of thefirrtpaitl'rtJa g-inand.to-th-efollowingdercribedlotorparcel of landsituate. lyingenrlbeingrnthe (;ountv. of -, Gaf f ield ,' snd State of Colorado, to wit:
.., li, An ea:emenl and right of way twenty (20) feet in width to construtt,
r c_onstryctgd on rots'22 and z5 in seetion 35, Tp.'6 s., R:-gt-- Iwest of the 6th P.M. p Garfield county, co1orad6, the approximate il_,,;r:centerllne of said eisemEnt being-ea;;riild as follows:-., .,Beginning--at, !!;, pgFt-;a-tn"t c6rtain sfring reserved in deed I1:)?!.rrecorded May Lzr'L952 aB Doc. No. L792gs- in Book 264 at paqe 161 I
..' :,9f_!le-Ga!tie1d county records, said spring belng tocated iear I
.i,' ,,;r a point:thence the sE corner oi sectioi ss, rp. 6 south, ni"cE agil
^,..1 ryesir. begrs p. ?3ol2r East 5,239.37 feet, and extenaing itrei;i;;-ilI :gylheriy along and paralleI to the grade of the ord 6otorado ll
,,', , {id}and llaiLroad rlght-gf-wa}, a distince of approximately 300 llIegt'to arF'oiTt of, terminus being an electricii utitity ijote. tiSaid ea8ement'rrnd right-of-way s6all also extend a distaiee-6f fS;i,.r."."6ssg.in'1]1 directions from the point of use of said "f".tii."f
--ii
i, , usility "line at,:the general localion of the above describei if'i:' sorintr- ' - il
&a.operdt€,and maLntain an underground utillty line and all fixturesi]
"rand devices uaed or useful ln the operatioir of said rine tnrJffi;illlill-l::::' ^:",':::".i,ld-:-1"19 ?:i9 1 il:-.:. it-mav- be herea rter -'
i
1
' sPring. i
at ttl}i,trtttlGrriaFRaffi
.ri*l :r:,',i i .'":' ri :: '.{r' I _,.."'r';; , . ..
'l' TO HAVE AND To HoLD the ssme, tox?ther s'ith all anrl ritrgular the appurt(,nanr.os alrd privileSee thereunto'ai belonging or in anliwice thorcunto appcrtaininE, ontl nll the estat(.. right, tit,le, int€r(.st arrrl claim whrtsoever. of thc
;ii' ;aidperty olthefirstprrtr€itherintnworequity.r,r'triteonlyproperurerbenefitrndb+hoofof thcilidpart!.,1 of
, thc reeond par..l hi 3 hcits and asgirns forevcr. .. . . ,
l:l'
";; .i*j
r. Clr. II-pffi'
tllt
srATE oF CoI.oRAlx). i - ;.).,'1' .:;..-'-. l'
c,unr.y,f Garfiel{ *}. """,' . . il'
The foregoing instr!rnrerrt wnr nr.knowlerlur,d heforre 'd:q;:''^-"'."'"'5e5ii' UrmiS;,i"'S';dil;ii.'orr'i* {5 * u""'r}--"-=t- ""
. il
llMy comnrirri,, t,x,iros , lg . Witrrr.s* nly ltn,lil rr,(l ()l.f i(.ilrl s.,rl.
ii
Ivl2 Commirrion oxpiro Alay 21, lggS ftl#u,c",
RECORDEN'S STA}IP
lN WITI{ESS WHERnOF,The said party of th€ first purt h* g hcreuntoret hefhanrl t7l,rndleef 4 thedayaorlyerrfirstaboveivritten. ,\r 0 --- -' fa I
Signed. $ealed anrl Dr.livererl in the Presence of I - sOn Dfrehm -.I1":
Fjl
tul$I,'l!!!u$'I!lu.'l!!t[lll[|:l$.'u!!'- ----..-: . .... .---- -- - --
Jrx-.ab.o
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WARRANTY DEEI)
-tltls DfiEfr, Mrrlc rhis 29th day ot Noverrb.r 2OOO , bctw*rr
WII,'.TN( E. PREID{, EDUI'ND A, DAEEM A}TD ISABELLE PBEE}T
o[th( said Cour,tyo[ GIRPfELD
yAElrN (coLonADO), lrD.
il)d Suteof COLoRADO , grantor, 3id
. lmrrcr:
rvhr,31 1i.1,.1 0ddrcs!is c/o ITEILEI/ALDER 2Ol N. lfiLL
AsPElr, co 81611
ol rlu rrirJ Courry 0f Oeffitf.U and Srn(t of eOLonA-Dg
pi.ltdo
Y(}-o
(.r)
B
o
WflNtSSl:l'll,'Il)lrlrc!.rntorl'o,rndinconsidcmllonofthesun)of TlfO MfLLION SII AITNDAID FIFTY
TIIoUSAI,ID c 00/100 DOL!\RS, thc r'!ccl0I arld ilfnci.ncy ot wlticlt is hurcby
tckn('wlcdgrd. lxs grDntl\|, barsiin(ll, rold ond crnvcycd, rnd by thet prcserlr doct Er.nt, brrfrin, se'l'l. convcy rnd muftnn, u[o thc
grlurcc, his h.'irr ard rrrigns tbrcvcr, tll otc rt'rl prgpcny ro8llhsrwhhLnp(ovctrcnr. lfaly, siruilc, lyin8arldh'i^gin$usri(t
Ct'unty of OAIt!'fEIrD lrx.l SrJr. of Colorldo drsriDcd rs follows:
SEE E)tSIEIT iAN
al*trrowrbysl'scrln(l lr!trrburas;0910 COUIIY ROAD 163, GLElIllooD SttfNCS, CO 81601
'IOCt:t tll,:U wirb rll sod rinBulM the ltrtud;lrnE s .n.l lppurkonclr rhocro bclonging. or ln rnywirc appcrrlniog. .rd thc rcv..tiorr
ln,Jruvcrsions, nrrurindcrandrcrruirdcrs,rEnr\,if\u6rnrlprofitstlsrrul. tndrllOccsnrc.right,liltc,lntaNst,clriuranddcoutxltrlllF
socvcr of Urr gmllor, citllcr ir lrw ttr sqrity, of. i[ ind lo thc ahovc bargainc{ 0rcmiscr, with thc hc.cdiirrr)cdrs a^d aJrp!nc{irDccJ.
To fl,tvE AI{D m [Ol,D thc $icl pruorircr above bargailcd axl dcscr;lEd, wi(h dlc aplurrcq.oc5, unto rhs !imDt(r. his hcirs rnd
155igrrs turcvcr. And thc gnnror, frrr hiolElt', bit l,t'irt, nnd ncrDnrl lcTrcgn(;rrivcs. dss a4vcmot, g,re,lr. buglitr, lrd a8.rBe to rrl uirll
urd f,rdilr'c, hir heird rrd rJsigns, rhrt all rhd timc o! Ibc crlrcalins !L, dclivery of llEt trEwrtt, hc ir wcll sired of rhc prcmiscs abovc
couvr.ycd. hrr 6cnd. suru, pcrf!tsl, lI,!)lolE Jrrd irtdcfesiblc crtrrc of inhcrioncc, in hw, ir frc rinrplr, sd h$ g@d riglrt, full prrwcr aod
lawful rldro,iry to Eonr, har[rin, sull rtrJ movcy tlrc s$e in nErrncr and fornt a, alo.c€id, aod $1r (hc gft erc frcc lnl clrrr from all
ftlnn'r anl olhcr graDr. brrgiinJ. $ldl, liuts, l!ra,t, zrics$t(nrj, cncumbrrBcJ !rx, Drtridions of whrtcvcr kind or mrurc lcvcr. crcqr(
thoec spcctflc Excoptions sbom on the attacbed ac 'EXIlfEfI tr.
Th( nrxilror rhlll and will TYARRANTY AND IORLVER OEfIND mc ibovc-Dorgrioed prilircs ir rb. quict rnd p.acelulc fn*.(cJ$io^
of llrt tr.ilts-, his bcin rftl ilsigns. iSaiIKr lll ard cvrry ixmorr or purJr)r\r Lwfully (liiuint lhs rholc or roy pirfl rhcrFf. The rin€ulo(
nuntL(r drlll iruludc drc plunl. tlc plunl thu siugulrt. ull thc usc of rny gqdcr ihrll hc .ppliablc ro rll gcodcr$.
IN Wl"t M,SS Wll[l{EOl., upl!}.l][r h&t .}Ehrl rlris rlc.d on rhc drto scr fonh rbovc,
t)ieoi*". , Q " C?--- eh*LCiW
i{II,LIA-M E. PNEII}T EDXI'ID A. PREEH
IP
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Thc r'oNgoillg irrnuur,uxt wu lolioowlcrlgcrl b,slbrc mc tlris
l)y WILLLAX E. PREfilI, EDMUND l. PRIHU
zrle. day of NovGDber
AIID XSAIEI.T,E PREIN'
Slitncss nry haod aod official scal.
2000
,(,1
1,1
-Q-"rnze.|J*J,*-ISTBEIILE PREET
Srirc of COLOIIDO
Oxrxr, ol' GARFIILD
J::.'1,..i''d$:-i'r* I 2 I b I be,
j'\\oTAf,lr.?ill'rr0TA,?f ii;
,: ';fii.,-''$
N0. l,r!\
JAN-26-01 FRI 03:46 pt1 Neiley & Aldc
lt!,{ltlulillxlilrlttl|ul!,rHrfl{t{rtl!ffiir5 of 5 R Za.@ o ahJ.OO GanrrE[O COUT{.iV cO
FA)( N0. 970+925+9396 P. 06
EXHIBIT I: EXCEI'fIONS00030916
Fil€ Nu:tborr
I. Auy and ar1 .npaid taxes and aE'rssnrent! a'd any unredeemed. tax sares,
2. The cff,ccu of inclusions in any -c:eneral or specific water conservancy, firc,foEectioD, '90i,1 COneerwation,or: otl:cr disuricE or inclusio' in a.y !^raterseTvicc o:c sEreet irnprovemgnc;ar, a.
l. Right of thrr propfi@tor o! a va:.n or Ioric ao €xtractthr:reftom, shoult! the same be four:c1 Co peneErate orhcl:r:hy granted, as resetwcd ln Uiljted States p.rtenEjrr Book l-2 at paqe 26? aB Beceprion No. 16653-
4 ' Right ot vray for the smart and i ):een rour Mire Ditch, as doscrlbed. in theSr.:}te(nent and Map r.rcofded.rJu:, g, I9J.1.
5.'rems, conditions, rcgEllcBtor:- and reservaiionE cont,alned in the Deed, recordcdJuly 2?, 1921 in Book 124 at paii: S34 a6 Receptj.on No. 1"76252.
5' 'l'enn5, coDditions, rcsiLrlcuron: and reservations concained in Deed record.ed May12, l9S2 in Eook ?.G4 aL page:.a_ as F,eception No. I79Z9S.
7, Tc:,.ms, corrditions, restricLior,.. and resenations coDEained in thc Right of !{ayand Eanenr(-in! granced uo Rock-v !,:.)untain NaEular Gr3 comp.1ny, hc., rccordc(lOct:c'bcr 1r, 196I in Book J3,) a ttage 244 as Reception No. 21544?.
B' 'fciln8, canditior:s, xescricciorr anrl reservations containcd in the RighE-of-w-1yErseocnE gr<rntcd to The Mountar'st'tes Tcle.phone and Telegraph company,rc,cotded April 28, L9?2 iu pool(.430 aL page t36 as necepriin No. 253509.
9' rerm!, conditions, rcsE,ricEion aad reGervations corruained in the Leare beElrcqnJe.lu lrehnr and Rocky Mountai.r: l';rtural Gas Company, recorded Septembcr 26, 1975in Book- 4.t9 at page 344 a. !.ec.-r)E,ion No. ZG95O9.
l-0' 'renns, condiEions, reatricEic: and re:erwations conEalned in the Deed. recordcdJamtary 27, t?e} in Book 55o a. page BA1 as RecepEion No. fO51O2-
11. Tcflm,i, cooditions, resErictic!: anrl regervaEionr contnined in the Rlghc_of.]layi)rrcl Easement gra'tc<r Eo Rockv:-)Lrntain NaEuraI Gas Divi.ion or K N Energy.rnc', r.ecordcd June 22, 196e ;: Eook 236 ac. pagc 622 as Reception No. rgizrs.
12. RighE of tday for County Roa.t tr:3.
13 ' RighE of way for Ehe Gi:isty Ditch and Four Mile creek and overhead. electricIin'rs, as shourr on Ehe Boundary su'vey prepared by High counEry Engirleeringdrrtcd July ?9, l^997 .
14. Any cfucGtion, dicp*te or adversc claims as to any Loss or gain of land as af,jsulE o.E any change in ctlc river bed locarioD by qEtrcr Chin nacuraL causes, orartc-rJlion throrrgh accreEion, reliction, erosion or avursion of the ceuterEhre'rd, bank, channer or fr,ow of waccre in ehe RorriRg Fork Rivcr rying withinsuhjccL rand; qnd any quccElon a6 co the r.ocati.on of iuch cen.cr Lhread, bed,b;'rr'k or channel as a lcgal dcscription monument or markcr f,or ptr:-lroses ofdcr;cyiSirg or )oeaiing Arrbjecr l.and-c.
and remove his oreirrteracct che premises
rccorded December 19, 1093
St.'hrt f ilI. x, l:h'\u,l Str!,tn In(.l\hll,;t I - l\rd txc.otod{}DELDTI{:fl,f)l,r.7fle
IAN-26-01 FRI 03:44 Pt1 Nei rey & Alder FAX N0, 970+925+9396 P. U3
NXIIIBIT A
Cnlcr Ntnbar; OO03o9t6
LLGAL DESCRIP'IIoN
A PARCEL OF t'ttttO SITUATED IN THE SE1/4NDL-/4, N7,/2581"/4 lotD fHE SEy/45E7/4 OFsEcl'ION 34 AtD rHE W7/25W7/4 atto rnq sw7/4Nw7/4 or sEcTroN 35, AtL ilf rorrvsrrp6 SOUTH, I?NNGE 89 WEST, O? TTIE SIXTI{ IRIT'CTP}T MERID.rtrN, COUMTY OF GARFIELD,
tr'OLILOWS:
CollI'IENcING AT THE SOUTHDAS? CORMER Of S&efio$ 34, Art ALUALN}DI CAp, L,g. IfO.75'/70, TOUND Ilv PJ.ACE, THE TR:0E POIMi O.F EEGTNNMG; TTIENCE l{ORTIt 8g"3g,31x WEST
^il.tONG TI{E SOUTIIERLY LINE OF SAID SECTLON 34 7337.51 fEEt TO r$E EAS"-CEtfrrER
STXT.EENTH CORNER; TEE.r,C.E LEAVTNG EAID SOVTHERLY I.TNE N2&TH 08"34,78" EA'T AI,,NGIHE WESTE,R.LY LINE OF THE SE7/45E1,/4 751,4.34 FEET rO THE SOWHEAST STXTEENfiT
CORNER; T'IENCE NOR?'I 89C75'4?d WEST ALONG THE SOI]THERI,r.r,INE OP fl{E ITI]1,/45il./47335.02 FEET rO TgE SOUTH-CENTER SIXTEEATTT CORMET; TTIENCE NORrg 08"36'56e EAS,i
ALONG ZHE ?,.ESTERLY LZNE Or SAID I{ITI/45g,7/4 1523.86 FEET TO TITE CEI{iTER OUARTSRcoxrEn; TEENC.E souTu 88'57',52" E;AST ALONG ?r{E ilOR?}IERLy I,r}E Or SArD M[1,/4SEL/41332.60 rEEr TO ?IIE EAST-CENTER STXTEQNTH CORNERi TEIENCE NORTI{ 08"26'32c EAST
AI.OJVG f}IE WASTABT,Y I,INE OF TITE SE7/4N87/4 1,29.07 FEET TO A POrIflr rN THE
CENTDELTNE OIT GRIS?Y DITCE; TIIENCE THE FOLLOWING rffaNTI FTVE (25) coURsEs AI.oNG
S-LID DTTCH;
7. .ilIOR?Il 77078.2!n EAST 25,?5 FEET
2. AI'ONG THE ARC OF A CURVE TO TI{E LEF? HAVLN? A .RADfUS OF 705.t2 FEEr, A
cDNl'R-A-r, AI|GLE otr'75"25'5in AttD e DrsrAilcg oF 28,31 nEET (cfio?p EEARs IvgRrI{
6.9035,74 x EA.s? 28.23 FEET)
J. NORTH 67"52,77N EAST 9.07 FEBT
4, ALONO MIE AR.E OY A CUR.VE TO T(LE RIGXT
'IAVINE
A RADTUS OF 23.25 ?EET, A
ct!:$rr&AL A}TGLE o? 59c38'71, AI\ID A DrsrArvcE oF 24.20 FEET (cRoRD B.EARsi sout$88.78'35N EAST 23.72 IIEET)
5. gour$ ,go2gt2gu EAST 3.22 FEET
d. ALONG THE ARE oF A c{JRvE To rHE LErf xAvrNc A RADIUi oF 8.5g rr;ET, A
calrf^A-E, aIIGIE 34"22'50r AIID A DrgrAlrcg oF S.2l EEET (cHoRD aEARs sour}r-/5040'54n EAST 5-73 FEET)
7. NORTH 97007147,t EAST 6.i4 FE.er
8- I\LONG TIIE ARe oF A eURvE ro rEE RrCHT HAVTNI A RADIUS oF 49.36 FEET, A
CENTR/AL ANGLE OI" 7.7C23'08fr AND A DTSTANC& OF 14.98 ?EET (CTIOED A.BARS SOUE:H84"70'45x EAST 74.92 EEEr)
9- sovrw 75029"77d EAST 15.,r9 ?EET
70. NORTH 89077'A54 EAST 74.98 FEET
iL. sourg 73049,27', EASI g,Ot ?EET
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Continued oD naxt paga
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IHI NU. UIUtUZStYJUO
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contjnuation of ,gchedulo i:.
Qrdet Humber; 0O03OSI:;
72, NORTE 88003,46,$E/'Sr 34.i2 FEEr
J.3. ALONC ?TIE ARC;OF E CURUg TO W$ RTGXT EAVINE E R.ADJU.g OF 265.20 FEET, ACIINTRjJL AAIC&E OF {8O96,58" A}rD A
'IS?ENCE
O.F 86. 1-7 rEE? (C&ORD BaAR5; SOUTH82037' 440 E,AST 85.?gt FEEr)
74- soutfi ?3e7g.].srfiEAsT 32.A0 FEE?
75. A.LOIfG ?IIE ARC OII A CORVE TO THE LErT HAVING A RADTUS OF 745.07 FEE?. AEdW1'NAI ANtrLE OF 34"74,7?" AND A DT.STATfCE OP 86.65 FEET (CHORD BEARS IYOETH89033'368 EAST 95.37 nEET)
76 , NOlltH 72.2€r48,"-'EAST 705 -42 FEET
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18. NO.Rfl{ 85.38,16" EASf 27-64 FEET
].9. A10}16 T&E A!(E OF,A CURVE TO T'TE LEPT HAVTNG.E ^RTDTUS O.F 8]..g7 FEET, A
CT;NTRAIJ A]IIGLE OF 7'/"47,33h ATIID A DZSTANCE OF 25.44 FEET (CHORD 3.EA"R5I NORpS76044'30r EAST 25.3-: FEEr)
2A . ilOR?II 67 0 50, 4 3 ry EAST 50 .47 FEB,I
27' ALoNC TI'IE ARc oF A CURVE TO THE Rrclrt HAVIN? A RArIUS OF Z2-72 rtrlr;T, Ac4lilt'RAr' ANGLE oF 22"0j'o4' el\rD A "DrsrarvcE oF 27,99 FEET tcttoIcD EEltRs r\IoRrIl
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22. NORTr 89053.471. EAST 56.23 FEAT
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24. ffOnjrff 78048'34u VEST 25.38 FEET
25. AL0NG TEE ARc oF A cuRvE To rHE RnGHT IrAvrNG A k Drus oF 269.g7 FEET, AcEIvrRAr' l$tGLE oF 25"24'46n AI$o A Drsra-IrcE oF rrg.zo FEET (crrgBD aaaas lIoar}r06405,77,t WEST Zlg.Z2 rzet)
TO A POINT ON TEE WESTER,LY RIGHT-OF-WAY OF THE COLORADO UIDLAND RAi|..ROAD;?I'ENCE .TJEAYT.[I6 SAID D77.CH NO T'{ 76'46'77il WST A&OIIG SAnD WESTERLY I.IGTIT-OF.WAY81.9.27 TIEET; T$ENCE COIfTII{U'IVG ALONG SAID WESTERLY RIGHT OF WAY AI,ONG TEE AREoF A cvRvE To rHE L,EFT HAvrNc e R3r-rus oF 4r2z.B3 FEEr..a e.Bn?rA-E ATTGLE oFO3'43'44N /oiID A DISTANEE OF 268.8J FI'gr (EEAED EEAR.S NORffI 78OJ8'Og,] IITES?268,20 FEET); TIIENIE colr?rNurryo Arollc sArD lyEsrERLy Rre$T-oF-[rAy l\toRrl'20o34'o0a w&s'r 95.49 r'EEl' r,'O A POTNT oN TrrE NoRrrERLy LIN9 og THE sEt/4yel/A op
ContJnued oD o.ext page
u).€. qA -8r;p JE7
JAN-zij-Ul l.Hl u3;45 fr1 Neiley & fllder fHX NU. YlUtYlStUJYO r. uc
gArD sEcTroN 34; THEN1E sour$ 88oi7'58n EAsr ALoNc rHE NIR?HEELr LnNE oy sArDsF:7/4NEll{ L792.20 FDIT To THE NIRTH ITrTEENTII coRlrER or sArD sEc?roNs 34 AND35; rI{ENCE sourB 08036'55't wDs? ALoNe THE EAITERLr r,rNE oF sArD sE1/4N87/4858'59 FEET To A Por}f,l rN TRE cEMrER.trtIE oF THz xoalrl\ro ro&x RrvER; THriNCELEAVING SATD FASTERLY LINE SOUTH 20O24'78'I EAST ALONG SAID CE,JrIERI,TNE 44g.76FEETT TIIENCE colr?rrfirflvc Arotfc SerD cENrERr.rNE solt?H otc47,4?q wBs? 2go.7l FEr;T;THENCS COn'ruvU.UvG ALONG srfD CENTERLINE soUTH 42o38'26r WESr i75.63 rtng:?; THENIECOIWI'INUTNG alO'fc SAID CENIERLINE SOIITH 42"38'26't WST 375.53 FEETI TIIENCECO TT,UUilG A,O,VG S.+ITD CEMIERLINE ALONG THE ARC oF A cURvE To THE I.EFT HAZTNG ARAwUs Q? 890,30 FEET. A crrNrEer ArvGtE oF ZOcO2.34d AlfD e Dl'srAlrcEl OE tS6,OsruEr (c$oRD B-sARs SowH 37e3z,oga uEST tss.B5 FEEr) To A po;;r;rr oN lHE E,nsr,RrrytrNE or NE7/45E7/4 oF sAtD sacrroN 34; tEENcE I.EAvrNc sArD CENIERLTNE sowr08037'38( WES! ALONC SArD EAST.EB,LY LINE 726.25 FEET TO.A Pofl\fr TN TTIE
CaNTERTJTNE oF sArD ROARJIIG roxr RrvEn; THENCE LEAvrNc sArD aAsTs&Lr Arol{c serDCTJVTERLII'E ALONG THE ARC OF A CURVE TO THE LEFT HAVTNG A RADTUS OF 8gO.O3 FEE7 ,A c.E'Nflu! aIYcr,.R oF 78o23'57" eND A DrsrA:oIcE oF zgs.go ?EET (cxoRD BEAR5 soigTlfi24"44 '35i EAS? 284.67 FEET); THENCE Cor*rrNZrrl{G ALON? sArD CEt1:TERIJINE soaTl33"56'34D EAgr 445,43 FEET To rttg NoRTIrwsr coRfiER oF wEstBl(lIK RA.tvcg p.tr.D.
sutsDMgrON F-rI]mrc 7 TIII]NCE LEJLNG S.IrD CEN?ERLINE SOUT6, 07"54,32n wEsT a&orcluE wisTE&LY r,zNE oF sArD t{EsrBArIK tuAMc$ P.tt.D, swDzvrszoN frrrrNl I7209.41FEET TO A POfMf Oil ?IIE SOOTIII:P']Lf I'INE OF SECIION 35; THENCE jrrOR?S A9o46,73')l4tzsr ALONG sArD sotlTtrE&rJy r.rNE 602.62 FEET To rHE rRuE poru:. oF DEGTNNTNI,
COANTY OP GAR/,,TEI,D
STATE O3 EOLOKADO
i W !U! !l$il'.,j! !!g.'J,'$'llil l|lflit$t Ht
ContinuatTon of Schedule A - LegaL DoscrlprJoaOrdor lrlrrnber; 00030916
L4), a. EP "4C e W
SUBDIVISION REGTJLATIONS
OF GARFIELD COUNTY, COLORADO
oF 1984
BOARD OF COI.]NTY COMMSSIONERS
GARFIELD COLINTY, COLORADO
P.O. BOX 640
GLENWOOD SPRINGS, COLORADO 81602
Adopted and EnaCIed
April23, 1984
This copy includes all
I
through: October 16,2000, as amended
-V4- /ry rryL-
ps tr D -) hil* F'7'
{r,/o,
/W,,'frnryW
Wlr4g^ /
rlanan
- Director
ain Valley
I Services
d Springs
,rt
,iprings
quad's sea-
extend a
nuniry'.
]n suc-
'he
'\rlando''-.ut
ce
:ardson;
aedic
vood
,tal; Ken
dMary
'eier;
iinger
Club;
vas
,n-
Pest
;;
lan-
itacie
mF
Prehm Ranch fishing access
afticle is wrong
Editor:
This letter is in response to the article
written Tuesday, April 17, addressing con-
cerns on the fishing access on the Prehm
Ranch. The information in the article was
TOTALLYWRONG!
There has never been any public access
on either side of the river in the 70 years
our family has owned the property. Wc
have. however, let fishermen fish with
permission only. There's a BIG difference
tenveen permission and public access.,I
am not a1a*yer, but it's my understanding
that the Roaring Fork River private proP
erry ownership, in mcist cases, extends to
the centerline of the river and boas are
not ever allowed to anchor or fish from
the banls.
It surorised me ttlat Walt Stowe made it- sound like something was being taken
away from the public. The ruth is, they've
nevir had the access. When Jim Wright
referred to the end of access to the hebm
Ranch in terms of line$ footage, being
such a huge loss - that is assuming there
is public right of access to begin witlt.
Again, there has NEVER been Public
access.
I feel it is wrong to pr$ undue hardship
on the new owners who have been obvi-
ously sensitive to all ofthe issues around
the river corridor. Their intent with
requesting the special use permit was only
to imorove the fish habitat along the Roar-
ins Fork and Four Mile Creek. The or,m-
.rihur" Droposed a very exclusive low
imoact ot"s'"*" that is far less than
their aciual land use bY right.
It's just unfortunate that the newspa-
per completely misrepresented the facts
and issuls. Even the Colorado Division
of Wildlife realizes the value of the pro-
posed plan, which would enhance water
qualiry as well as improve the fish habi-
tat'
Ed Prehm
Lifetime Glenwood Springs resident
Ihe
(
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