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HomeMy WebLinkAbout1.16 Legal descriptionGLENWOOD SPRINGS Lie W. 6TH, SUITE 200 GLENWOOD SPRINGS, CO 8 I 60 J 970-945-1004 ASPEN P.O. BOX 2155 ASPEN, CO 81612 970-925-6727 CRESTED 8UTTE P.O. BOX 3088 CRESTED BUTTE. CO 81224 970-349-5355 fX: 970-945-5948 FX: 970-925-4157 FX: 970-349-5358 Parcel 5/1 and 5/2 Battlement Mesa 22 June 2005 A parcel of land being part of Reception No. 408506 in the office of the Clerk and Recorder of Garfield County, Colorado, located in the N 1/2 of Section 17, Township 7 South, Range 95 West, 6th principal meridian; County of Garfield, State of Colorado being more particularly described as follows: Beginning at the northerly angle point of, Battlement Cemetery on the Final Plat of Battlement Cemetery recorded as Reception No. 368453 in the records of the Garfield County Clerk and Recorder said point also being on the easterly right-of-way line of Stone Quarry Road recorded as Reception No. 316729 in the records of the Garfield County Clerk and Recorder, whence a pipe and brass cap P.L.S. #11643 set for the West 1/4 corner of said Section 17 bears S05°49'33'W a distance of 485.71 feet with all bearings contained herein being relative to a bearing of S01°06'06"W between an iron pipe with brass cap at the West 1/4 corner of said Section 17 and an iron pipe and brass cap #11643 at the Northwest corner of said Section 17 Thence N01 °06'06"E along the East boundary line of said Stone Quarry road a distance of 799.13 feet, to the South boundary line of Battlement Park Way recorded as Reception No. 398268 in the records of the Garfield County Clerk and Recorder; thence along said South boundary line the following (6) courses; (1) 31.42 feet along the arc of a 20.00 foot radius curve to the right, having a central angle of 90°00'00" and subtending a chord bearing of N46°06'06"E a distance of 28.28 feet; (2) thence S88°53'54"E a distance of 80.12 feet; (3) thence 224.63 feet along the arc of a 522.96 foot radius curve to the right, having a central angle of 24 °36'38" and subtending a chord bearing of S76°35'35"E a distance of 222.91 feet; (4) thence S64°17'16"E a distance of 231.81 feet; (5) thence 315.31 feet along the arc of a 622.96 foot radius curve to the left, having a central angle of 29°00'00" and subtending a cord bearing of S78°47'16"E a distance of 311.95 feet; (6) thence N86°42'44"E a distance of 370.03 feet to the West boundary of Jacks Pocket Filing 1 recorded as Reception No. 344063 in the records of the Garfield County Clerk and Recorder, thence along the boundary of Jacks Pocket filing 1 the following (2) courses; (1) S03°17'16"E a distance of 120.00 feet; (2) thence S52°45'26"E a distance of 413.71 feet the West boundary of Access and Utility Easement #12 recorded as Reception No. 362168 in the records of Garfield County Clerk and Recorder, thence along a common line between said Jacks Pocket Filling 1 and West line of said Access and Utility Easement #12 the following (6) courses; (1) N05°53'55"E a distance of 124.81 feet; (2) thence 18.42 feet along the arc of a 125.00 foot radius curve to the left, having a central angle of 08°26'31" and subtending a chord bearing of N01 °41'22'E a distance of 18.40 feet; (3) thence N02°42'28"W a distance of 85.02 feet; (4) thence 38.39 feet along the arc of a 125.00 foot radius curve to the right, having a central angle of 17°35'45" and subtending a chord bearing of N06°05'25"E a distance of 38.24 feet; (5) thence N14°53'17"E a distance of 77.23 feet; (6) thence 32.99 feet along the arc of a 20.00 foot radius curve to the left, having a central angle of 94°32'13" and subtending a chord bearing of N32'22'50'W a distance of 29.38 feet to the South boundary line of said Battlement Parkway; thence a long the common line of said South line of Battlement Parkway and the North line of said Access and Utility Easement #12, 143.26 feet along the arc of a 904.93 foot curve to the right, having a central angle of 09°04'13" and subtending a chord bearing of S75°06'49"E a distance of 143.11 feet to the West line of Jacks Pocket Filing 4 recorded as Reception No. 344066 in the records of Garfield 1 SCHMUESER I GORDON !MEYER ENGINEERS ISURVEYORS GLENWOOD SPRINGS L 18 W. 6TH, SUITE 200 GLENWOOD SPRINGS, CO e 160 I 970-945-1004 ASPEN P.O. BOX 2155 ASPEN, CO 81612 970-925-6727 CRESTED BUTTE P,O. BOX 3088 CRESTED BUTTE, CO 81224 970-349-5355 FX: 970-945-5948 FX: 970-925-4157 FX: 970-349-5358 County Clerk and Recorder; thence along the common West boundary of said Jacks . Pocket Filing 4 and· East line of said Access and Utility Easement #12 the following (6) courses; (1) 32.891eet along the arc of a 20.00 foot radius no tangent curve to the left, having a central angle of 94'13'31" and subtending a chord bearing of S62'09'25"W a distance of 29;31 feet; (2) thence S14'53'11'W a distance of 77.28 feet; (3) thence 23.65 feet along the arc of a 125.00 foot curve to the right, having a central angle of 10'50'30" and subtending a chord bearing of S20'18'26'W a distance of 23.62 feet; (4) thence S25'43'41'W a distance of 63.49 feet; (5) thence 43.26 feet along the arc of a 125.00 foot radius curve to the left, having a central angle of 19'49'46" and subtending a chord bearing of S15'48'48"W a distance of 43.05 feet; (6) thence S05'53'55'W a distance of 168.29 feet; thence leaving said Access and Utility Easement #12 and continuing along the boundary of Jacks Pocket Filling 4 the following (7) courses; (1) 31.42 feet along the arc of a 20.00 foot radius curve to the right, having a central angle of 90'00'00" and subtending a chord bearing of S39'06'05"E a distance of 28.28 feet; (2) thence S84 '06'05"E a distance of 15.00 feet; (3) thence 281.87 feet along the arc of a 475.00 foot radius curve to the right, having a central angle of 33'59'59" and subtending a chord bearing of S67'06'06"E a distance of 277.75 feet; (4) thence 100.79 feet along the arc of a 525.00 foot radius reverse curve, having a central angle of 1 0'59'59" and subtending a chord bearing of S55'36'06"E a distance of 1 00.64 feet; (5) thence S61 '06'05"E a distance of 60.00 feet; (6) thence 35.71 feet along the arc of a 475.00 foot radius curve to the left, having a central angle of 04'18'26" and subtending a chord bearing of S63'15'18"E a distance of 35.70 feet; (7) thence N27'59'28"E a distance of 385.02 feet to the South line of said Battlement Parkway; thence along said South line of Battlement Parkway 424.84 feet along the arc of a 686.62 foot radius curve to the left, having a central angle of 35'27'03" and subtending a chord bearing S80'49'27"E a distance of 418.09 feet to the Southerly boundary line of Jacks Pocket Filing 5 recorded as Reception No.389773 in the records of Garfield County Clerk and Recorder; thence along the ____ ~Soutbe[/y..boundar.yJjne-DLsaid-JacksJ:>ocketJ:iling-S-the-f01l0wing-(5)-courses,(-1-)I--------thence S45'50'06"E a distance of 127.23 feet; (2) thence N72'31'19"E a distance of 88.35 feet; (3) thence N90'OO'00"E a distance of 441.77 feet; (4) thence S36'09'13"E a distance of 30S.63 feet; (5) thence S88'46'00"E a distance of 420.06 feet to the West right-of-way line of County road #308; thence S01 'OO'57'W a distance of 480.65 feet along the West right-of-way line of said County road #308 to the North right-of-way line of County road #302; thence along said North right-of-way line of said County road #302 N88'45'24'Wa distance of 2399.82 feet, said line also being a 16 foot offset parallel to the East West 1/4 section line, to the East boundary of Jacks Pocket Filling 3 recorded as Reception No, 344065 in the records of the Garfield County Clerk and Recorder; thence a long the boundary of said Jacks Pocket Filling 3 the following (2) courses, (1) N01'14'36"E a distance of 195.00 feet; (2) N88'45'24"W a distance of 163.65 feet to the East line of said Access and Utility Easement #12; thence along a common line between said Access and Utility Easement #12 and said Jacks Pocket Filing 3 the following (4) courses, 47.55 feet along the arc of a 150.00 foot radius non tangent curve to the left, having a central angle of 18'09'46" and subtending a chord bearing of S03'45'59"E a distance of 47.35 feet; (2) thence 36.89 feet along the arc of a 150.00 foot radius reverse curve, having a central angle of 14'05'27" and subtending a chord bearing of S05'48'08"E a distance of 36.80 feet; (3) thence S01 '14'36'W a distance of 91.31 feet; (4) thence 31.42 feet along the arc of a 20.00 foot radius curve to the left, having a central angle of 90'00'00" and subtending a chord bearing of S43'45'24"E a distance of 28.28 feet to the North line of said County Road #302; thence along a common line between said County Road #302 and said Access and Utility Easement #12 also being a 16 foot offset line from the East West 1/4 section line N88'45'24"W a distance of 140.00 feet to the East boundary of Jacks Pocket Filling 2 recorded as Reception No.344064 in the records of Garfield County Clerk and Recorder; thence along a common line between said Jacks Pocket Filing 2 and said Access and Utility Easement #12 the following (3) 2 GLENWOOD SPRINGS ASPEN CRESTED BUTTE I 18 W. 6TH, SUITE 200 P.O. BOX 3088 GLENWOOD SPRINGS, CO 8160 I 970-945'1004 P.O. BOX 2155 ASPEN. C061612 970-925-6727 CRESTED BUTTE, CO 81 224 970-349-5355 FX; 970-945-5948 FX; 970-925-4157 FX: 970-349-5358 courses, (1) 31.42 feet along the arc of a 20.00 foot radius non tangent curve to the left, -havingacentralangle of 90'00'00" and subtending a chord bearing of N46°14'36"E a .distance of 28.28 feet; (2) thence N01 °14'36"E a distance of 91.31 feet; (3) thence 18.73 feet along the arc of a 150.00 foot radius curve to the right, having a central angle of 07°09'15" andsubtending a chord bearing of N04'20'31"E a distance of 18.72 feet; thence leaving saidAccess and Utility Easement #12 and continuing along the boundary of said Jacks Pocket Filling 2 the following (2) courses, (1) thence N88°45'24'W a distance of 131.01 feet; (2) thence S01'14'36"W a distance of 130.00 feet to the North line of said County Road #302; thence along the North right-of-way line of said County Road #302 N88°45'24'W a distance of 406.96 feet also being a 16 foot parallel offset line to the East West 1/4 section line, to the Easterly line of Battlement Cemetery recorded as Reception No. 368453 in the records of Garfield County Clerk and Recorder; thence along the boundary of said Batllement Cemetery the following (2) courses, (1) N47°53'59"W a distance of 372.20 feet; (2) thence N59°07'36"W a distance of 454.20 feet to the point of beginning containing 69.36 acres more or less Q:20Q41236.001-20169acparcel-legal.doc 3 Section 4.0B.07(a) An explanation of the objectives to be achieved by the PUD; The subject property is a parcel of 69.36 acres, which constitutes the remainder of the unplatted property previously designated as Parcel 5-1 and 5-2 by the Battlement Mesa Planned Unit Development, which was approved by the Garfield County Commissioners on May 24, 1982. Five small parcels, all zoned Public-Semi Public-Recreation (PSR) have previously been platted within Parcels 5-1 and 5-2, and have been developed under various public uses including a cemetery, a public safety building, a church, and facilities for water storage and transmission. The remaining portion of Parcel 5-1 was zoned primarily Medium Density Residential (MDR) with a small area at the northwest corner zoned Business Center (BC). The remainder of Parcel 5-2 was zoned primarily Low Density Residential, with a smaller parcel designated Public-Semi Public-Recreation (PSR). The purpose of this application is to create the legal boundaries of the Business Center zone district within Parcel 5-1 and to create three large residential parcels and a public-semi-public- recreation parcel within the remainder of Parcels 5-1 and 5-2. Tract 1, the Business Center parcel is expected to be developed with a service station and car wash facility as well as other commercial uses consistent with that zone district. The residential parcels will be the subject of subsequent preliminary plans with detailed -----'e"'n=gineerlng and10taeslgn at a later date. Under the original zoning, development within the Medium Density Residential was allowed to be at a maximum density of 12 units per acre Development within the Low Density Residential zone was allowed to be at a maximum density of 5 units per acre. This application proposes development of the residential parcels at an overall density of 5 units per acre. The objective of the development of this parcel is to provide a site for development of a service station and car wash facility, as well as other uses consistent with the Business Center zone. In addition, three residential tracts are being created, as well as a pUblic-semi-public-recreation parcel. Section 4.0B.05(7)(b) A development schedule indicating the approximate dates when construction of the various stages of the PUD can be expected to begin and be completed; See Phasing Schedule under Section 4:60(B) Section 4.0B.05(7)(c) Copies of any special covenants, conditions and restrictions, which will govern the use or occupancy of the PUD; See Protective Covenants under Section 4:60(A) Section 4.0B.05(7)(d) A list of owners of properties located within two hundred (200) feet of the boundaries of the PUD and their addresses; See List of Adjoining Owners, Mineral Rights Owners and Mineral Rights Lessee under Section 4:50(0) and Section 4:50(F) Section 4.0B.05(7)(e)(i) The proposed water source legally and physically adequate to service the PUD; See Section 4:91 Water Supply Plan Section 4.0B.05(7)(e)(ii) The proposed method of sewage treatment legally and physically adequate to service the PUD; See Section 4:92 Wastewater Disposal Plan Section 4.0B.05(7)(e)(jiiJ The proposed method in which storm drainage will be handled, demonstrating that adjoining property owners would not be damaged by the development; See Section 4:80 Drainage Section 4.0B.05(7)(e)Ov) The proposed method in which provision will be made for any potential natural hazards in the area such as avalanche areas, landslide areas, flood plain areas and unstable soils, and the extent and mitigation of such hazards; See Section 4: 70(A) Section 4.0B.05(7)(f) Easements showing vested legal access for ingress and egress from a public road to the PUD; See Preliminary Plan Sheets PP1 thru PP2 and Section 4:60© Section 4.0B.05(7)(q) Evidence that the PUD has been designed with consideration of the natural environment of the site and the surrounding area and does not unreasonably destroy or displace wildlife, natural vegetation or unique natural or historical features; See Section 4:70(A, B, C & D)