DEPARTMENT OF PLANNING AND ZONING 308 Byers Ave P.O. Box 239 Hot Sulphur Springs Colorado 80451 970-725-3347 Ext 129 or Fax 970-725-3303 CERTIFICATE OF RECOMMENDATION TO: FROM: Grand County Board of Commissioners Department of Planning and Zoning DATE: RE: APPLICANT: Vacation CR 4954 and Amended Final Plat, Elaine Busse Subdivision Exemption Grand County, Colorado LOCATION: A tract of land located in SE ¼ of Section 35, Township 4 North, Range 76 West of the 6 th P.M., Southwest corner of Winding River Ranch, Grand County, Colorado. ZONING: APPLICABLE SECTION OF CODE: Forestry and Open (F) Grand County Subdivision Exemption Regulations, Colorado Revised Statutes 43-2-303 EXHIBITS: Amended Final Plat, Letter from William Busse dated June 22, 2004 CONTACT: REQUEST: Debra Campbell The applicant requests the vacation in the public interest of CR 4954, from CR 49 and Kimberly Lane, to the intersection of CR 4954 and Michelle Drive, and to amend the Elaine Busse Subdivision Exemption Final Plat.
DISCUSSION The three lot Elaine Busse Subdivision Exemption was approved by the Grand County Board of County Commissioners under resolution 1999-8-9, August 17, 1999. This was created from a larger, 439.6 acre parcel owned by Elaine Busse commonly known as Winding River Ranch. Three lots, two (2) 15- acre and one (1) 5- acre lots were created. The applicant has requested to amend the final plat, and to vacate the section of road. The applicant requests the vacation in the public interest of the road, CR 4954, From CR 49 and Kimberly Lane, to the intersection of CR 4954 and Michelle Drive, due to an error made by staff during the original subdivision exemption process. It was the original intent of the applicant that the road section that accessed the Elaine Busse Subdivision Exemption remains private. The access, CR 4954, traverses a portion of the larger, 404.6 parcel still owned by Elaine Busse. The final plat, recording #99008732, contains conflicting information and incorrectly identifies CR 4954 as a public road. This was approved as the Elaine Busse Subdivision Exemption, by the under resolution 1999-8-9, August 17, 1999. COMLIANCE/NON COMPLIANCE WITH GRAND COUNTY SUBDIVISION REGULATIONS It was the original intent of the Applicant that the road section that accessed the Elaine Busse Subdivision Exemption remains private. The access, CR 4954, traverses a portion of the larger, 404.6 parcel stilled owned by Elaine Busse. The final plat, recording # 99008732, contains conflicting information and incorrectly identifies CR 4954 as a public road. This was approved as the Elaine Busse Subdivision Exemption, by the under resolution 1999-8-9, August 17, 1999. Notes were added to the Original Final Plat that indicated that the road were to remain private: Note No. 4: All roads must remain private and bridges do not meet public standards. The dedication statement on that plat contradicts this note; and the Board of County Commissioners approved this plat. As a result, it indicates that the roads were to be for the public use. This was a staff error in not making sure that the dedication read in accordance with the Board of County Commission approval. DEDICATION KNOW ALL MEN BY THESE PRESENTS: That ELAINE A. BUSSE) is the owner of that real property situated in Grand County, Colorado, more fully described below, that she has caused said real property to be laid out and surveyed as BUSSE SUBDIVISION EXEMPTION and does hereby dedicate and set apart all the streets, alleys, and other public ways and places shown on the accompanying plat for the use of the public forever, and does hereby dedicate those portions of said real property which are indicated as easements on the accompanying plat as easements. IN WITNESS WHEREOF Elaine A. Busse has caused his name to be hereunto subscribed this 15 day of 7, 1999. Elaine A. Busse
To correct this, the Dedication Statement shall be revised read as follows. DEDICATION KNOW ALL MEN BY THESE PRESENTS: That ELAINE A. BUSSE) is the owner of that real property situated in Grand County, Colorado, more fully described below, that she has caused said real property to be laid out and surveyed as BUSSE SUBDIVISION EXEMPTION and does hereby dedicate and set apart all the streets, alleys, and other public ways and places shown on the accompanying plat for the use of the homeowners and adjacent parcels forever, and does hereby dedicate those portions of said real property which are indicated as easements on the accompanying plat as easements. IN WITNESS WHEREOF Elaine A. Busse has caused his name to be hereunto subscribed this 15 day of 7, 1999. Elaine A. Busse Access from the owners of lots within the Elaine Busse Subdivision Exemption, across CR 4954 was recorded in a separate deed, reception # 99008733. This conveyed the right-of-way for access purposed to benefit the lot owners, heirs and assignees of the Elaine Busse Subdivision exemption, but will not be exclusive to these owners. Grand County does not, and has no intention of road or bridge maintenance in the section described. It would be in the best interest of Grand County, to proceed with correction of the original error. Staff initiated this request after discussion wit the original developer, Elaine A. Busse, to correct the original error, to meet the original intent that the road dedication, to provide a nonexclusive private easement. COMPLIANCE WITH COLORADO REVISED STATUTES 43-2-303: A vacation can only be authorized by the County if it meets one or more of the criteria that is outlined here forth: (1) All right, title, or interest of a county, of an incorporated town or city, or of the state or of any of its political subdivisions in and to any roadway shall be divested upon vacation of such roadway by any of the following methods: (a) The city council or similar authority of a city or town by ordinance may vacate any roadway or part thereof located within the corporate limits of said city or town, subject to the provisions of the charter of such municipal corporation and the constitution and statutes of the state of Colorado. (b) The board of county commissioner of any county may vacate any roadway or any part thereof located entirely within said county if such roadway is not within the limits of any city or town. (c) If such roadway constitutes the boundary line between two counties, such roadway or any part thereof may be vacated only by the joint action of the boards of county commissioners of both counties
(d) If said roadway constitutes the boundary line of a city or town, it may be vacated only by joint action of the board of county commissioners of the county and the duly constituted authority of the city or town. 2) (a) No platted or deeded roadway or part thereof or unplatted or undefined roadway which exists by right of usage shall be vacated so as to leave any land adjoining said roadway without an established public road or private-access easement connecting said land with another established public road (b) If any roadway has been established as a county road at any time, such roadway shall not be vacated by any method other than a resolution approved by the board of county commissioners of the county. No later than ten days prior to any county commissioner meeting at which a resolution to vacate a county roadway is to be presented, the county commissioners shall mail a notice by first-class mail to the last-known address of each landowner who owns one acre or more of land adjacent to the roadway. Such notice shall indicate the time and place of the county commissioner meeting and shall indicate that a resolution to vacate the county roadway will be resented at the meeting. (c) If any roadway had been established as a municipal street at any time, such street shall not be vacated by any method other than an ordinance approved by the governing body of the municipality (d) If any roadway has been established as a state highway, such roadway shall not be vacated or abandoned by any method other than the resolution approved by the transportation commission pursuant to Section 43-1-106(11). (e) Paragraphs (b), (c) and (d) of this subsection (2) shall not apply to any roadway that had been established but has not been used as a roadway after such establishment. (f) If any roadway is vacated or abandoned, the documents, vacating or abandoning such roadway shall be recorded pursuant to the requirements of Section 43-1-202.7 (3) In the event of vacation under subsection (1) of this section, rights-of-way or easements may be reserved for the continued use of existing sewer, gas, water, or similar pipelines and appurtenances for ditches or canals and appurtenances, and for electric, telephone and similar lines and appurtenances. (4) Any written instrument of vacation or a re-subdivision plat purporting to vacate or relocate roadways or portions thereof which remains on record in the counties where the roadways affected are situated for a period of seven years shall be prima facea evidence of an effective vacation of such former roadways. This subsection (4) shall not apply during the pendency of any action commenced prior to the expiration of said seven-year period to set aside, modify, or annul the vacation or when the vacation has been set aside, modified, or annulled by proper order or degree of a competent court and such notice of pendency of action or a certified copy of such decree has been recorded in the recorder's office of the county where the property is located.
This vacation request is in compliance under subsection (1)(b) of C.R.S 43-2-303. It is not disqualified under C.R.S 43-2-303(2) due to the ingress and egress easements proposed to provide road access to the Coor s property. STAFF COMMENTS Public Notice of the Vacate was printed in the Sky Hi News on June 3, 2004. Certified Mailings regarding the public notification was sent to all property owners within 500 feet of the subject property, and all utilities as required within the Grand County Zoning Regulation. The Town of Grand Lake, Rocky Mountain National Park, The Colorado Division of Wildlife, and The Grand Lake Fire Department were also notified. Staff received tow comments. First, on May 22. 2004 Mountain Parks Electric (MPE) noted that they had an electrical service in CR 4954 in the area where the vacated was requested. MPE requested that the vacation be worded so that they will be able to access their service. A note regarding the existing utility will be noted on the plat; vacation of the road will not impact the ability for utilities to utilize the corridor for service. Second, staff received a letter from William Busse (June 22, 2004), requesting clarification on the recorded deed (#99008733), and its impact to the three lot owners (Lots 1, 2 and 3) of the Elaine Busse Subdivision. Staff telephoned Mr. Busse to indicate that the vacation did not impact this deed. A copy of this letter is proved with the recommendation. STAFF RECOMMENDATION Staff recommends that the approve that vacation and amend the Elaine A. Busse Final Plat, with the following conditions: 1. Staff and the County Surveyor will review the updated Title Commitment, to include any appropriate information on the Final Plat. 2. The Dedication Statement shall be revised to read as follows: Dedication Know all men by these presents: That Elaine A. Busse is the owner of that real property situated in Grand County, Colorado, more fully described below, that she has caused said real property to be laid out and surveyed as BUSSE SUBDIVISION EXEMPTION and does hereby dedicate and set apart all the street, alleys, and other public ways and places shown on the accompanying plat for the use of the homeowners and adjacent parcels forever, and does hereby dedicate those protions of said real property which are indicated as easements on the accompanying plat as easements. IN WITNESS WHERE OF Elaine A. Busse has caused her name to be hereunto subscribed this 15 day of 7, 1999. 3. A note shall be added that the CR 954, that extends northwest across the Elaine A. Busse property is a secondary access/egress road intended for emergency equipment. 4. Any resolution of approval should state this private deed is not exclusive to the owners of the. These private roads serve other property owners, including Elaine A. Busse, all of which can continue to use these roads. 5. A note regarding the existing utility will be noted on the plat; vacation of the road will not impact the ability for utilities to utilize the corridor for service.