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_ .~ Resolution No. ~~G4 REGARDING THE VACATION OF COIINTY ROAD NO. 179 WHEREAS, the Board of County Commissioners in and for the County of Routt, State of Colorado, has heretofore received a request from Getty Minerals Marketing, Inc., (hereinafter "Getty") requesting that Routt County vacate that portion of County Road 179 located north of the junc- tion of County Road 179 with County Road 33 in Section 33, TSN, R86W of the 6th P.M. and south of the junction of County Road 179 with the Twentymile Coal Company haul road loacted in Section 1, TSN, R86W of the 6th P.M., all in Routt County, Caiorado; anc: WHEREAS, Getty's request is reference portion of County Road 179 to permanently relocate said portion travel that portion of the Twentymil between County Road 179 on the north the south; and to vacate the above- and to allow the County such that traffic would s Coal Company haulroad and County Road 33 on WHEREAS, Getty's request came before the Board of County Commissioners on the 8th day of October, 1984, notice of said hearing having been previously. published in the Steamboat Pilot on the 20th and 27th days of September, 1984, and on the 4th day of October, 1984; and WHEREAS, no one appeared in apposition to Getty's request at the above-referenced public hearing, and Getty presented evidence to the Board of County Commissioners that the proposed permanent vacation and relocation would not deny access to any individual's property; and WHEREAS, Getty owns the only homesite which would be affected by the proposed•vacation and relocation, that being the "old Lieske" place,. and Getty acknowledges that the County shall have no responsibility to build or maintain a driveway from the new portion of County Road 179 to tie into the existing driveway; and WHEREAS, Getty explained its willingness to deed the surface estate only in and to such lands as are necessary to allow Routt County a road right-of-way along the Twentymile Coal Company haulroad, which haulroad would replace that portion of County Road 179 to be vacated; and WHEREAS, the Board of County Commissioners, based upon the evidence presented at the public hearing by Motion duly seconded and unanimous vote, the Board granted the per- manent vacation and relocation of County Road 179 subject to the following conditions: 1. 'T'hat Getty, by Warranty Deed in a form accep- table to the County Attorney, shall cor_vey to Rcutt County a surface estate in that portion of the Twentymile Coal Company haulroad which would replace the portion of County Road 179 to be vacated; and 2. That Getty would agree upon request of Routt County to make a further grant by Warranty Deed of such surface estate as is necessary to realign the intersec- tion of the Twentymile Coal Company haulroad with pre- sent County Road 179 in order that the intersection