HomeMy WebLinkAbout2.0 Correction Applicatione
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GOLUBA & GOLUBA P.C.
ATTORNEYS AT LAW
US BANK BUILDING
802 GRAND AVENUE, SUITE 301
P.O. BOX 931
GLENWOOD SPRINGS, COLORADO 81602
(970) 945-9141
Fax (970) 945-9143
NICHOLAS W. GOLUBA NEIL W. GOLUBA
April 12, 2000
Mark Bean
Planning Director
Garfield County Planning Department
109 8`h Street
Glenwood Springs, CO 81601
Re: David M. Johnson and Anna R Johnson
Subdivision Exemption Application (Taughenbaugh Mesa Property)
Dear Mark:
Enclosed is a copy of Resolution No. 2000-23 for the Johnson Taughenbaugh Mesa
exemption recorded as Reception No. 560881. The exemption divided a 145.319 acre tract, (the
total of acreage of the four tracts listed).
The Resolution erroneously refers to "the division of a 37.13 acre tract as described in Book
790 at Page 59, Reception No. 417607."
The correct information, should read as follows: "the division of a 145.319 acre tract as
described in Book 983 at Page 265 as Reception No. 495033."
Enclosed is a copy of the deed to the Johnsons recorded as Reception No. 495033, which
describes the property which as the Johnson Taughenbaugh Mesa Exemption.
Weprtth y should have an Amended Resolution recorded to confoi In with the Plat that was
recorded March 21, 2000, as Reception No. 560802.
NWG:jeg
Enclosure
cc: David and Anna Johnson
Very truly yours,
t:
RECEIVED APR 1 4 2000
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550881 03/21/2000 02:2
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STATE OF COLO
County of Garfield
DO
)ss
At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held
in the Commissioners' Meeting Room, Garfield County Courthouse, in Glenwood Springs on Monday, the
20th of March A.D. 2000, there were present:
John Martin
Larry McCown
Walt Stowe
Don DeFord
Mildred Alsdorf
Ed Green
, Commissioner Chairman
, Commissioner
, Commissioner
, County Attorney
, Clerk of the Board
, County Administrator
when the following proceedings, among others were had and done, to -wit:
RESOLUTION NO. 2Q00-23 Q00-
A RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE GARFIELD
COUNTY SUBDIVISION REGULATIONS FOR DAVID AND ANNA JOHNSON.
WHEREAS, DAVID AND ANNA JOHNSON petitioned the Board of County Commissioners of
Garfield County, Colorado, for an exemption from the definition of the terms "subdivision" and "subdivided
land" under C.R.S. 1973, 30-28-101 (10) (a) -(d), as amended, and the Subdivision Regulations of Garfield
County, Colorado, adopted April 23, 1984, Section 8:00 through 8:60 and for the division of a 37.138 acre
tract as described in Book 790 at Page 59, Reception #417607 as filed in the Offices of the Clerk and
Recorder of Garfield County, Colorado, into four (4) tracts of approximately 2.700, 4.228, 8.954 and
129.437 acres each, with the exemption parcels more practically as follows:
Lot 1
Lot 2
Lot 3
Lot 4
See Attached
See Attached
See Attached
See Attached
(in the State of Colorado and the County of Garfield); and
WHEREAS, the Petitioners have demonstrated to the satisfaction of the Board of County
Commissioners of Garfield County, Colorado, that the proposed division does not fall within the purposes
of Part 1, Article 28, Title 30, Colorado Revised Statutes 1973, as amended, for the reason that the division
does not warrant further subdivision review; and
WHEREAS, the Petitioners have demonstrated to the satisfaction of the Board of County
Commissioners of Garfield County, Colorado, that there is a reasonable probability of locating domestic
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360881 03/21/2000 02:22P B1177 P844 M ALSDORF
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water on each of said parcels, that there is existing ingress and egress to said parcels, that the location of
septic tanks will be permitted by the Colorado Department of Health, that the requested division is not part
of an existing or larger development and does not fall within the general purposes and intent of the
Subdivision Regulations of the State of Colorado and the County of Garfield, and should, therefore, be
exempted from the definition of the terms "subdivision" and "subdivided land" as set forth in C.R.S. 1973,
30-28-101 (10) (a) -(d), as amended; and
NOW THEREFORE, BE IT RESOLVED that the division of the above described 37.138 acre parcel
is hereby exempted from such definitions and may be conveyed in the form of Lot "1" and Lot "2" as are
more fully described above and that a copy of the instrument or instruments of conveyance when recorded
shall be filed with this Resolution.
Dated this 20th day of March , A.D. 2000
ATTEST: GARFIELD COUNTY BOARD OF
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++!•.+ ! t i, .;
DESCRiPTI
LOT I
OF SUBDIVIDED PARCELS
A tract of land situated in Sections 19. 20 and 30. Township 6 South, Range 93 West of the
6th P.M. in arfie/d County. Colorado and being more particularly described as follows:
Beginning at a point on the southerly right -of -ray line of County Road No. 320 from which .
the Section Corner common to Sections 19. 20. 29 and 30 in said Township and Range bears
S.55'5358 . a distance of 462.80 feel: thence N.59'00.07•E. and along said southerly right-
of-way line . distance of 300.00 feet: thence 5.30'5953"E. a distance of 392.04 feet: thence
S.59 00'07 W. a distance of 300.00 feet: thence N30°5933 -W. a distance of 392.04 feet to
the Point o Beginning, Containing 2.700 acres more or less.
Lot 2
.4 tract of and•situated in Sections 19 and 20. Township 6 South. Range 93 West of the
6th P.M. in arfie/d County. Colorado and being more particularly described as follows:
Beginning at a point on the southerly right-of-way fine of County Rood 320. from which
the Sectio Corner common to Sections 19. 20. 29 and 30. in said Township and Range
bears $.16 •73E. a distance of 432.74 feet: thence N.59'00.07E. and along said southerly
right -of -ray line a distance of 300.00 feet to the Northwest Corner of that 2 acre
exception f 'y described in Book 292 a1 Page 321. Garfield County records. thence
5.30°3415-a. and oiong the southwesterly line of abovesaid exception a distance of 210.10
feet: thenc N.59°26321-. and along the southeasterly line of said exception a distance of
420.56 fee . to the Southeast Corner of said exception: thence 5.16749"W. a distance of
310.00 feet. thence S.62°4327 -W. c distance of 492.58 feet: thence N.30°5953 -W. a distance
of 392.04 *et to the Point of Beginning. Containing 4.228 acres more or less.
LOT 3
A troct of .nd situated in Section 20. Township 6 South. Range 93 West of the 6th P.M., in
Garfield Co ty. Colorado. and being more particularly described as follows:
Beginning at
which the C
S.32°13'38 -
of that 2 o
thence N.58
thence N.58
302.18 feet
5.00°3255''
distance of
N.30°4206-
more
.30°42'06-more or less
LOT 4
a point an the southerly right -of -ray line of County Road No. 320. from
rner common to Sections 19. 20. 29 and 30 in said Township and Range bears
o distance of 924.30 feet: said Point of Beginning being also the Northeast Corner
re exception fully described in Book 292 at Page 321. Garfield County records:
1356-E. and along said southerly right -of -ray line a distance o! 635.20 feet:
3959-E. and continuing along said southerly right-of-way line a distance of
to a point on the East line of the SW1/4SW1/4 of saidSection20: thence
and along said East line a distance of 834.30 feet: thence N.76'5679 -W. a
17.50 feel to the Southeast Corner of said 2 acre exception: thence
. and along the easterly line of said 2 acre exception a durance of 209.98 feet
to the Point of Beginning. Containing 8.954 acres more or less.
.4 tract of land situated in Sections 19. 20. 29 and 30. Township 6 South. Range 93 West of
the 6th P.Ai. in Garfield County. Colorado. and being more particularly described as
follows:
Beginning at a point where the easterly right-of-way line of County Road 317. and the
West fine of the NE1/4NE1/4 of said ection 30 intersect. and from which the Section
Corner common to Sections /9. 20. 29 and 30 in said Tornship and Range bears N.74°08'56 E.
a distance of 1357.92 feet: thence N.5476'34 E. and along said easterly right-of-way line a
distance of 432.60 feel: thence N.47°13'34 -E. and continuing along saideasterlyright-of-
way linea distance of 143.63 feet to a point on the southerly right -of -ray line of County
Road No. 320: thence N.59.00'007E. and along said southerly right-of-way line a distance
of 544.14 feel: thence 530'59'53-E. a distance of 392.04 feet: thence N.59'00'07E o
distance of 300.00 feet: thence N.62°4327 -E a distance of 492.58 feet: thence N.16°!1'49 E.
o distance of 310.00 feet to the Southwest Corner of a 2 acre exception fully described in
Book 292 al Pogo 321 Garfield County records: thence S.76'56'19 E. a distance of 717.50
feet to a point on the East line of the SWI/4SW1/4 said Section 20: thence S.00°3255 E.
and along scud East line of said SWI/45W1/4 a distance of 422.27 feet to the West 1/16
Corner common to said Sections 20 and 29: thence N891.522'E. and along the North line
of the NEI/4NW1/4 said Section 29 a &'stance of 1303.13 feet to the Ouarrer Corner common
to Sections 20 and 29: thence 5.01°3920E and along the East line of said NE1/4NWl/4
Section 29 a distance of 1320.79 feet to the North 7/16 Corner on the N/S centerline of
said Section 29: thence .5.89'20'42-W. and along the South fine of said NE1/4Nif7/4 Section
29. a distance of 1307.92 feel to the NW 1/16 Corner of said Section 29: thence
5.89°20'42'W. and along the South line of the NWl/4NW1/4 of said Section 29 a distance of
1307.93 feet to the N 1/16 Corner common to said Sections 29 and 30: thence 5.89'26'34"W.
and along the South line of the said NEi/4NE1/4 Section 30 a distance of 1316.36 feel to
the NE 1/16 Corner of said Section 30: thence N.01'06"43"W. and along the West line of
said NEI/4NE1/4 Section .30 a distance of 958.39 feet to the Point of Beginning. Containing
129.437 acres more or less.
493033 13--983 Y-265 06/27/96 04:07P PG 1 OF 2
M T LDRED ALSDORF ( I ELD COUNTY CLERK AND RECORD
RLC DOC NO'I
11.00 12.50
WARRANTY DEED
This DEED, Made this 25th day of June
KANOURIAN PARTNERSHIP
, 1996 ,between
of the said County of ARCHULETA and State of COLORADO
DAVID M. JOHNSON AND ANNA R. JOHNSON
whoia legal address is 1920 HIGHWAY 13
RIFLE, CO 81650
of the said County of GARFIELD and State of COLORADO
, grantor, and
, grantee:
DOC FEE $12.50
WITNESS, that the grantor, for and in consideration of the sum of Ten dollars and other good and
valuable consideration DOLLARS, the receipt and sufficiency fency of which is hereby
acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the
grantees, their heirs and assigns forever, not In tenancy in common but in joint tenancy, all the real property, together with improvements,
If any, situate, lying and being in tho said County of GARFIELD and State of Colorado described aa follows:
See Exhibit "A"
also known by street and number u:
TOGETHER with all and singular the hereditament* and appurtenances thereto belonging, or in anywise appertaining, and the reversion
and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand what-
soever of the grantor, either in law or equity, of, in and to the above bargained premises, with the hereditament* and appurtenances.
TO HAVE AND TO HOLD the said promisee above bargained and described, with the appurtenances, unto the grantee, his heirs and
aulgns forever. And tho grantor, for himself, his heirs, and personal representatives, docs covenant, grant, bargain, and agree to and with
Um grantee, his heirs and assigns, that at the time of the onaealing and delivery of those present*, he is wI seized of the promisoa above
convoyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in foo simple, andglihas good right, full power and
lawful authority to grant, bargain, soil and convey the same in manner and form u aforesaid, and that the same are free and clear from all
former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soover, except
easements, restrictions, reservations and rights of way of record, or situate
and in use, and real property taxes for the year 1996, not yet due or payable.
Tho grantor shall and will WARRANT AND FOREVER DEFEND the above -bargained
of the grantoo, his heirs and assigns, against all and every person or persona lawfully claiming the whole or anyand peaceable he scuion
number shall include tho plural, the plural the singular, and the use of any gender shall be applicable to all gendersp. Tho singular
IN WITNESS WHEREOF, the grantor hu executed this deed on the date sot forth above.
IIANGURIAN PARTNE , • :1-teit6 e
ti
BYt PIERCE MANG IAN, RAL PARTNER
State of "rt, 1C
County of
) u.
Tho foregoing instrument was acknowledged before mo this
5 day of NE
by PIERCE HANOURIAN AS GENERAL PARTNER HANOURIAN PARTNERSHIP,UA COLORADO
GENERAL PMTNERSHIP.
My co
es TERRI E. WALTMON
NOTARY PUBLIC
State of Texas
Comm Exp. 11.24.0
Elle No. 5402347 annul TIAs of Glenwood Sprinp, Inc.
No. 1121A WARRANTY DR= (I'. joint Tenants)
flew. 3 5
Witness my hand and official seal.
1„4-eleh
Q(.4-c,k r rL To .
Notary Public
Order Number; 96025487
LEGAL DESCRIP770N
TOWNSHIP 6 SOUTH, RANGE 93 WEST, 6TH PRINCIPAL MERIDIAN
SECTION 19:
SECTION 20:
SECTION 29:
SECTION 30:
SOUTH 70 ACRES OF E1/2SE1/4
SW1/4SW1/4
N1/2NW1/4
NE1/4NE1/4
EXCEPT THAT 2 ACRE, MORE OR LESS, PARCEL HERETO CONVEYED TO ALBERT G. STONEMAN
AND ETHEL PAYS STONEMAN by that certain Warranty Deed dated September 15,
1955, and recorded April 17, 1956, as Reception No. 193687 in Book 292 at Page
321 of the Office of the Clerk and Recorder, Garfield County, Colorado, more
particularly described therein.
EXCEPT that parcel heretofore conveyed to Max J. Wheeler and Donna D. Wheeler
by that certain Warranty Deed dated October 1, 1990, and recorded October 2,
1990, as Reception No. 417607 in Book 790 at Page 59 of the Office of the
Clerk and Recorder, Garfield County, Colorado, and more particularly described
therein.
COUNTY OP GARFIELD
STATE OF COLORADO
495033 B-983 P-266 06/27/96 04:07P PG 2 OF 2