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HomeMy WebLinkAbout2.0 Correction Applicatione • • 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 • I 111111 11111 011111111 11111 550881 03/21/2000 02:2 1 of 3 R 0.00 D 0.00 RFIELD COUNTY CO 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 40 • • 1 111111 11111 111111 1111 110111 011 111111 111 11111 1111 1111 360881 03/21/2000 02:22P B1177 P844 M ALSDORF 2 of 3 R 0.00 D 0.00 GARFIELD COUNTY CO 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 • • ++!•.+ ! 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