Montrose County holds off on road decision

 

By Katharhynn Heidelberg
Daily Press Senior Writer
Published/Last Modified on Tuesday, August 19, 2008 4:17 AM MDT

MONTROSE — A second public hearing on a road dispute was held Monday, but the county's decision on vacating the road won't be made until next month.

County commissioners said they need more time to consider new information brought up Monday, before they could say yea or nay to Sinbad Ranch's request that County Road M4 be vacated in favor of a new access to nearby public lands. The proposed new road is named M5 Road.

Road M4 bisects the ranch in the Sinbad Valley, near the Mesa County line. Neighboring property owners were opposed to vacating the road, because they feared losing access to their land.

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The Aimes family was also concerned proposed easements didn't address all issues, including utility access and who might have control over gates restricting public access.

Monday, County Engineer Brian Wilson said that with modifications, vacating M4 Road looked to be in the county's best interests.

Sinbad Ranch attorneys Nathan Keever and Bob Thomas said they have attempted to revise easements to address neighbor concerns. Keever said new language in the agreement would allow the Aimes family to put their own combination lock on the gate. That way, anyone they gave the code to could come onto the Aimes property.

The ranch has also agreed to assure the U.S. government's right to administrative access through the property, and to increase the level of the M4 Road from "primitive" status.

"We're not trying to put a highway through the ranch. We are trying to go as far as we can to appease our neighbors," Keever said.

The easement agreements would not prevent the Aimeses or other affected property owners from asserting other claims against the ranch.

Aimes attorney Aaron Clay said his clients still had problems with the road-vacation agreement. He said the proposed width of 30 feet would not be sufficient to allow for maintenance and the Aimeses wanted a 60-foot width.

They also want to have their historic right of use to the original site of M4 Road preserved, because it's their only real access to a portion of their property cut off by a bluff.

Additionally, 45 feet of the Aimes' water line lies within the easement. Because the proposed new easement does not address that, or the laying of public utilities, Clay was concerned what might happen if the road was vacated.

Commissioners ultimately postponed their decision until Sept. 2. They will discuss the language and possible changes to the language of the agreement Aug. 25.

"There were too many things brought in at the last minute," Commissioner Bill Patterson told the Daily Press.
 

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