HomeMy WebLinkAbout2.0 ResolutionRESOLUTION UNDER SB -35
WHEREAS, the T&S Corporation, has petitioned the. Board
of County Commissioners of Garfield County, Colorado, for an
exemption under C.R.S. 106-2-33(3)(d)(1963 as amended) for the
division of one tract of 23 acres, more or less, into two tracts
of approximately 15 and 8 acres, respectively, more or less, and
more particularly described in the attached description captioned
"Attachment to Resolution for T&S, Inc., undar S13-35, Description
of two proposed parcels."
WHEREAS, the Petitioner has shown to the satisfaction of
the Board of County Commissioners of Garfield County, Colorado,
that it desires said exemption for the purpose of re -sale into
single-family residential acreage, and
WHEREAS, Petitioner has demonstrated to the satisfaction
of the Board that there is a well and very adequate domestic water
on the 23 acre tract. It is planned that such well will continue to
serve the existing house and the proposed 8 acre tract. There is
a reasonable probability of available domestic water on the
15 acre tract, there is adequate ingress and egressto said
tracts, there is now a new septic system serving the existing
�acf�9�V1
house and it is expected that the location of a septic1 ank to
serve the 15 acre tract will be permitted by the Colorado Department
of Health, the requested division is in accordance with the
general purposes and intent of the subdivision regulations of
the State of Colorado and the County of Garfield and that said
division will actually restrict the density of housing within
said area and should therefore be exempted from the definition
of the terms "subdivision" and "subdivided land" as set forth
in. C.R.S. 106-2-33 (3) (d) (1963 as amended) ;
NOW THEREFORE, upon motion of
seconded by and unanimously
carried, said 23 acre tract of land is hereby exempted from such
definition and transfer of said tract may be made by division
into two tracts, one of approximately 8 acres and the other
of approximately 15 acres, more or less, all as is more fully
described in the Petition pertaining hereto. A copy of the
instrument or instruments of conveyance when recorded shall
be filed with this Resolution.
Dated this 16th day of September, 1974.
THE BOARD OF COUNTY COMMISSIONERS OF
GARFIELD COUNTY, COLORADO
By:
Attest:
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3CAE / /A/CH = .300 PEE T
GARF I ELD COUNTY
COLORADO
A parcel of land in H E.S. NO. 131, situated in the ESE of Section 32 and in the WZSW-
of Section 33, all in Township 4 South, Range 91 'r:st of the Sixth Principal Meridian,
Tying Westerly of the Westerly right-of-way line of a County Raod as constructed and
in place, said parcel of land is described as follows:
Beginning at the Southwest Corner of said H.E.S. No. 131 whence a brass cap monument,
found in place and properly marked -for the Southeast Corder of said Section 32 bears:
S.82°38'05" E. 429.60 feet; thence N.I9°45'00" W,. 640.15 feet along the Westerly line
of said H.E.S. No. 131; thence S.83°00'00" E. 153.32 feet; thence N.46°04'08" E. 162.91
feet; thence N.73°00'00" E. 200.00 feet; thence N.63'32'05" E. 261.37 feet to a point
on the Westerly right-of-way line of said County Road; thence along the Westerly right--
of-way line of said County Road S.17°17'38" E. 100.97 feet; thence S.22°I7'21" E. 106.57
feet; thence S.34°27'41" E. 116.27 feet; thence S,33'2.0'43" E. 254.59 feet; thence S.25°
17'OJ" E. 151.46 feet; thence S.18°41'52" E. 112.27 feet 10 a point on the Southerly line
of said H.E.S. No. 131; thence S.83°48'00" W. along the Southerly line of said H.E.S. No.
131, 872.8) feet to the Southwest Corner of said H.E.S. No. 131, the point of beginning.
The above described parcel of land contains.13.06 acres, more or less.
The above described parcel of land is subject to a 15 foot ditch easement being 7.5
feet on each side of the following described centerline:
Be -:,inning at the it ,idge tc of said ditch b31 rr.i a po i ni on the Easterly bank of West Elk
Creek whence tho Southeast Corner of Section 32 i n township 4 South, Nan -ie 91 West of 1 ho
24' c ' -" E. 25;
Sixth Principal �•'.::I"IdI�3n h<1r'-,: J.._r 3�_3 �i'; c,.},.U.) feet; thence along said centerline
S.05 'j3 ! Q3" E. 176.67 feet; thence S.66'27'12" L . 166..79 feel; thence S.47'34'53" E . 35.98
feet to d point on the 5outhDrly line of said tt.E.`,. No. 131.
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GARFIELD COUNTY
COLORADO
A parcel of land in H.E.S. No. 131 situated in the LSE of Section 32 anal
in the WSW of Section 33, all in Township 4 South, Range 91 West of the
Sixth Principal Meridian, Tying Westerly of the Westerly right-of-way line
of a County Road as constructed and in place, said parcel of land is described
as follows:
Beginning at a point on the Westerly line of H.E.S. No. 131 whence a brass
cap monument found in place and properly !narked for the Southeast Corner of
said Section 32 bears: S.44°19'50" E. 919.26 feet; thence N.19°45'00" W.
636.35 feet along the Westerly line of said H.E.S. No. 131; thence N.83°48'
00" E. 823.36 feet to a point on the Westerly right-of-way line of said
County Road; thence S.15°08'21" E. 10.97 feet along the Westerly right-of-way
line of said road; thence S.09°06'30" E. 265.17 feet along the Westerly righ.t-
of-way line of said. road; thence S.17°17'38" E. 170.74 feet along the Westerly
right-of-way line of said road; thence S.63°32'05" W. 2.61.37 fee;; thence S.
78'00'00" W. 200.00 feet; thence S.46'04'08" W. 162.91 feet; thence N.83'00'00"
- W. 153.32 feet to a point on The Westerly line of H.E.S. No. 131, the point of
beginning.
The above described parcel of land contains 9.94 acres, more or less.
September 4, 1974
SCIFTCW PMr; WALKER, INC_
;'.O. BOX 4,J0
GI LN, OOD SPRINGS, COLORADO
s•
EXHIBIT "C"
•
1. The legal description attached covers the southernmost
23+ acres of the Hammer Ranch located 8 miles north of New Castle,
Colorado, on West Elk Creek, together with all improvements
thereon. The ranch, including the 23 acres involved in this peti-
tion, was previously divided by the then owners, Jerry and Dena
Hammer.
2. The undersigned, Thomas M. Stewart, at the request
of two sons, Stephen M. Stewart and Thomas Michael Stewart, and
a son-in-law, William L. Sasz, formed the T&S Corporation to
enable the three young men to acquire the property covered by this
petition. The only property or assets of T&S, Inc. is this tract
of 23 acres with improvements. Stephen Stewart, who will graduate
from the University of Colorado in December, 1974, is now making
arrangements for employment in the Glenwood Springs area and
desires to acquire title to the house, related buildings and
approximately 1/3 of the 23 acres to establish a home for himself,
his wife and daughter. .He has plans for greatly improving the
house and grounds. The undersigned's son, Thomas Michael Stewart,
and son-in-law, William L. Sasz, desire to acquire title as either
joint tenants or tenants in common to approximately 15 or 16 acres
not acquired for Stephen's homesite. They plan to use that portion
of land with appropriate improvements as a family vacation or
retreat site.
The matter of access presents no problem as a county
road runs the entire distance of the front of the property which
is 1200 or more feet. There is a road into the existing house
and already a gate installed and present access to the 15 or 16
acres that would be the property of Thomas Michael Stewart and
William L. Sasz. The immediate area is relatively level. With
respect to water supply, there is a good well with adequate water
now on the property. We have an adjudication of water rights for
it that date back to 1920. Knowledgeable people consulted have
expressed the opinion that a water supply for the proposed family
vacation area of 15 or 16 acres would present no problem.
Concerning sanitation problems, the undersigned recently •
has installed a septic system for the existing house. The system
is working fine and percolation is not a problem. Those who know
the area have advised that one could expect good results from
any septic system on the proposed 15 or 16 acre tract.
Each of the two prospective owners of the proposed 15
or 16 acre tract is now a 24% owner of the present 23 acres with
improvements. Stephen Stewart, the potential owner of the house
with approximately 8 acres, now owns 24% of the 23 acres with
improvements. The undersigned who now owns 28% of the 23 acres
with improvements would convey his interest to Stephen and cease
to own any interest. The T&S Corporation would make appropriate
conveyances and the corporation would no longer be involved.