HomeMy WebLinkAbout3.0 Conditions of ApprovalBOUNDARY LINE ADJUSTMENT AFFIDAVIT
The undersigned affiants being first sworn upon thereof, depose and state as follows:
1) We are the owners of real property in the unincorporated area of Garfield County, which is described in
Exhibit A (also known as a Quit Claim Deed) which is attached hereto and incorporated herein by reference.
2) We are desirous of adjusting the boundary lines of our parcels and/or Tots and sign this Affidavit in
accordance with the Garfield County Land Use and Development Code.
3) We hereby represent that no new parcels or lots will be created and therefore, that Garfield County will not
be required to issue any building permits, other than what it would be required to issue for the already existing
parcels or lots.
4) We hereby represent that none of the parcels or Tots involved in this boundary line adjustment are part of a
previously platted subdivision of record. If one of the Tots to be amended is a lot in a previously recorded
subdivision, then a Final Plat Amendment is required which is more fully defined in article 5 of the Garfield
County Land Use and Development Code.
5) We hereby represent that the boundary line adjustment made reference to herein will not cause the loss of
access by road or to utilities, to any parcel or lot involved.
6) We hereby represent that the boundary line adjustment being made will not result in any of the parcels or
Tots involved being less than the minimum lot size in their applicable zone district allowed as a result of the
boundary line adjustment or create any non -conforming setbacks for any existing structures.
7) We hereby represent that a copy of the Affidavit will be recorded with the Garfield County Clerk and
Recorder.
FURTHER AFFIANTS SAYETH NOT.
DONE this' day of 014
Property Owner #
ignature
Property Ow
STATE OF
Heather C. Provencio
ature
Henry R. Provencio
0-,(10/
DeLE Q_
Coulter Creek Valley Ranch, LLLP; James D. Peterson, General Partner
)ss
COUNTY OF20)&
ter
The fore oing document was subscribed and sworn to before me in the County o , State of
this day of �)C', , 2014
by �00(\k .(3\00
My Commission Expires: ( • \9_16\b
Notary Public
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Notauy Public
Pima County, Arizona
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STATE OF COLORADO )
)ss
COUNTY OF GARFIELD )
The foregoing document was subscribed and sworn to before me in the County of Garfield, State of Colorado
this 1 Cp day of De.M .,-, 2014
by b..- erScf\1 and
n y Commission Expires: Oc obcr 1/ � 201
ary Public
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Address
JONATHAN RIVERS
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20144040630
MY COMMISSION EXPIRES OCTOBER 17, 2018
EXHIBIT A
QUITCLAIM DEED
THIS QUITCLAIM DEED, Executed this day of , 2014, between
Coulter Creek Valley Ranch, LLLP; James D. Peterson, General Partner
whose mailing address is
PO Box 1714, Aspen, CO 81612,
County of Garfield, State of Colorado
the Grantor,
and
Heather C. & Henry R. Provencio
whose mailing address is
9755 County Road 113, Carbondale,
County of Garfield, State of Colorado
the Grantee
WITNESSETH, That the said Grantor, for good consideration and for the sum of $4,845 paid by the said grantee, the receipt
whereof is hereby acknowledged, does hereby remise, release and quitclaim unto the said Grantee his heirs, successors and
assigns, forever, all the right, title, interest and claim which the said Grantor has in and to the real property, together with
improvements, if any, situate. Lying and being in the County of Garfield and State of Colorado, described as follows:
Legal Description
A parcel of land situated in the NE1/4SW1/4 Section 33,
Township 6 South, Range 87 West of the 6th RM. being more particularly described as follows:
Beginning at the Northwest corner of Lot 1 of the Petts/ Holmes Subdivision,
whence the Center 1/4 corner of Section 33 bears N 00°10'30" E 658.89 feet,
thence N 00°10'30" E 89.77 feet to a point on the
southerly right of way of County Road 113;
thence along said right of way N 52°34'02" W 41.84 feet;
thence leaving said right of way, along a wire fence S 00°39'44" E 510.32
feet to a fence corner; thence S 89°49'30" E 25.84 feet;
thence N 00°10'30" E 395.16 feet to the point of beginning,
containing 0.337 acres more or less.
Said parcel is to be merged with a tract of land presently identified as Lot 1, Petts/Holmes Subdivision recorded at
Reception No. 518004 in the records of the Clerk and Recorder, Garfield County.
TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging, or in
anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the grantors, either in law or
equity, to the only proper use, benefit and behalf of the grantee, his heirs and assigns forever.
IN WITNESS WHEREOF, the grantors have executed this deed on the date set forth above.
By: James D. Peterson
General Partner
for
Coulter Creek Valley Ranch, LLLP
STATE OF COLORADO )
) ss.
COUNTY OF GARFIELD )
Signature
The foregoing instrument was acknowledged before me on this day of , 2014,
by
Witness my hand and official seal.
My commission expires
Notary Public
PARCEL A
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Letter of Explanation
Boundary Line Adjustment/Plat Adjustment
Provencio, Coulter Creek Valley Ranch
The Applicant, Provencio Henry R & Heather C, request an Amended Final Plat to Lot 1 of the Petts
Holmes Subdivision. The purpose is to accept a conveyance from an adjoining property located outside
and west of the Subdivision owned by Coulter Creek Valley Ranch LLLP. The conveyance will add 0.33
acres to Lot 1, increasing it from 2.02 acres to 2.35 acres. The conveyance is to align the property line
between the two ownerships with an existing fence line that was previously understood to be on the
property line. The change will eliminate several nonconforming conditions most significantly regarding
the side yard setback for the existing home on Lot 1.
The adjoining Coulter Creek Valley Ranch LLLP property is approximately 1,270 acres in size, is owned
free and clear, and will be reduced by the 0.33 acres to be conveyed to Lot 1. Both Tots will remain
consistent with the dimensional standards for the Rural Zone District.
The Applicant has represented that the area being conveyed has typical improvements associated with a
rural residential property including a shed, parking areas and kennel. No nonconforming conditions are
anticipated to be created by the Amended Plat and Boundary Line Adjustment and an improvement
location survey is included in the submission.
QUITCLAIM DEED
T/r
THIS QUITCLAIM DEED, Executed this /4 day of fr� Z, 2014, between
Coulter Creek Valley Ranch, LLLP; James D. Peterson, General Partner
whose mailing address is
PO Box 1714, Aspen, CO 81612,
County of Garfield, State of Colorado
the Grantor,
and
Heather C. & Henry R. Provencio
whose mailing address is
9755 County Road 113, Carbondale,
County of Garfield, State of Colorado
the Grantee
WITNESSETH, That the said Grantor, for good consideration and for the sum of $4,845 paid by the said grantee, the receipt
whereof is hereby acknowledged, does hereby remise, release and quitclaim unto the said Grantee his heirs, successors and
assigns, forever, all the right, title, interest and claim which the said Grantor has in and to the real property, together with
improvements, if any, situate. Lying and being in the County of Garfield and State of Colorado, described as follows:
Legal Description
A parcel of land situated in the NE 1 /4SW 1 /4 Section 33,
Township 6 South, Range 87 West of the 6th P.M. being more particularly described as follows:
Beginning at the Northwest corner of Lot 1 of the Petts/ Holmes Subdivision,
whence the Center 1/4 corner of Section 33 bears N 00°10'30" E 658.89 feet,
thence N 00°10'30" E 89.77 feet to a point on the
southerly right of way of County Road 113;
thence along said right of way N 52°34'02" W 41.84 feet;
thence leaving said right of way, along a wire fence S 00°39'44" E 510.32
feet to a fence corner; thence S 89°49'30" E 25.84 feet;
thence N 00°10'30" E 395.16 feet to the point of beginning,
containing 0.337 acres more or less.
Said parcel is to be merged with a tract of land presently identified as Lot 1, Petts/Holmes Subdivision recorded at
Reception No. 518004 in the records of the Clerk and Recorder, Garfield County.
TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging, or in
anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the grantors, either in law or
equity, to the only proper use, benefit and behalf of the grantee, his heirs and assigns forever.
IN WITNESS WHEREOF, the grantors have
By: James D. Peterson
General Partner
for
Coulter Creek Valley Ranch, LLLP
STATE OF COLORADO )
) ss.
COUNTY OF GARFIELD )
ecute
this deed
e date set forth above.
'Signa
ure
The foregoing instrument was acknowledged before me on this 1(.p day of Ts...trnbr , 2014,
by 23.-cterNe_S
Witness my hand and official seal.
My commission expires 10117 JZclinj
JONATHAN RIVERS
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20144040630
MY COMMISSION EXPIRES OCTOBER 17, 2018
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