HomeMy WebLinkAbout2.0 Memorandumf e
RE
MEMORANDUM
TO:BOARD OF COUNTY COMMSSIONERS
FROM: MARKBEAN
DATE: NOVEMBER 14., 1996
PROPOSED AMENDED PLAT - ANTLERS ORCIIARD LOTS 46,51,52,61
&62
Normally the amended plats are set on the Board agenda and then discussed without a staffreport
being written. This application is a little out ofthe ordinary given the size of the lots that are
claimed to be legally existing lots based on the Antlers Orchard Development plat filed around the
tum of the century. It is also a question as to whether the previously platted lots merged as a
result of the deed by which the Bagley's took ownership was done based on a metes and bounds
description. The County Attorney has expressed an opinion that the Board could take the
position that the parcels merged as a result of the deed's legal description not including an AOD
lot description. This issue needs to be addressed by the Board.
The following is a brief description of the proposaf along with the exhibits submitted in support
ofthe application. The applicants have proposed to create six (6) lots that more readily reflect the
topography and vegetation ofthe area.
The Antler's Orchard plat with the area they own is enclosed. The own all of what was
originally lot 62 and portions of lots 46,51,52, and6l. This is a total of five lots.
The Bagleys acquired a l.4l ac. tract that was originally a part of lot 61 in 1993 by a
separate deed that is enclosed. This parcel appears to have been created in 1966 as a
result of the previous owner not including it in a transfer of the rest of her ownership to
Charles Becker for the property that was subsequently suMivided into Asgard
SuMivision.
The proposed amended plat would create a larger lot 46 and 52. Reduce the size of lots
51, 6l and' 62. And enlarge the previously noted l.4l ac. parcel. On the surface all of this
is consistent with other AOD arnended plats.
One issue that is not addressed is the vacation of an easement across the original lot 46.
Mr. Bagley has been asked to get the consent of the adjoining property owner in the
Ordinarily, amended plat applications are considered without the production of a staff report;
howeveq this particular application presents a few issues that should be discussed in a more in-depth
manner.
The subject tract was once all or part of five antler's orchard development lots, which have apparently
been further subdivided into Asgard subdivision lots. To further complicate matters, when the
Bagleys took title to the majority of the tract, they did so in a metes and bounds description, which
seems to have defeated the original AOD lot descriptions. In short, the central question for the Board
to decide is, have the original AOD lots merged into a singular parcel. l, v r /in6 e (
fif ,ah* /Ato Ear r,ro5
The Bagleys are proposing a total of 6 lots by this amended plat application. Essentially, what {gxrru
lrefhtredey are two lots a l.4l acre parcel referred to in a deed from 1966 and the rest of the&.sr,rurtal
acreage, portions of AOD lots 5 1, 52, 46, 6l and 62.
4[, s t,{t-,'[ | ,t-o f,1- fle QerAt-B€,2
There is also the issue of an accbss easement that currently exists between whatjsJeft of lot 46 and
lot 51. It has been suggested that this easement be vacated and lot 46 be increased in size.
ly c-N<,vr-1srorJ.'tf tlie goard?6t'e-rmiies that no merger has occurred and that the proposed lots currently exist, albeit
in a different arrangement, then this application may be approved. ines
-sAymisiome+*tiems.
o a
Asgard suMivision to consent to the vacation of the easement. There may also be a claim
by the ditch company that they have a right to access the ditch easement. This needs to be
resolved.
In summary, if the Board does not feel tha; there has been a merger, the proposed amended plat is
consistent with previously amended plats.l The issue of the easement across lot 46 could be
resolved by allqwing an easement along the property line adjacent to the ditch and noting it on the
amended plat.)
GARFIELD COUNTY SURVEYOR'S OFFICE
PIAT REVIEW INVOICE
FEB. 06, 1997t.
ATTN: MR. MARK BEAN
DIRECTOR, GARFIETD COUNTY PTANNING DEPT.
109 EIGHTH ST.
GTENWOOD SPRINGS, CO.
81501
PLAT NA},IE: AMENDED PLAT OF LOTS 46-62 ANTLERS ORCHARD
DATE OF REVIEW: FEB. 07, L997
PIAT REVIEWED BY: SAM PHELPS, COUNTY SURVEYOR
DESCRIPTION OF SERVICES:
REVIEW PLAT SUBMITTED TO COUNTY.
1 HR. @ $40.00 P/H $40.00
SHOULD YOU HAVE ANY OUESTIONS, PLEASE FEEL FREE TO CONTACT ME AT YOUR CONVENIENCE.
0,fb IflCEREtY,8
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SAMUEL PHELP
AS GARFIELD COUNTY SURVEYOR
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County Courthouse Bldg.
109 Eighth Street
Glenwood Springs, CO 8160,l
(970) 945-1 377, Ert. 2510
Somuel Phelps
Gorfield County Surveyor
Privote Of'
214 E. Eighth Street, Str
Glenwood Springs, CO
PH: (970) 928-8233 FAX: (970) 94
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PROPOSED REPLAT OF ANTLERS ORCHARD DEVELOPMENT
TRACTS 46, 51 52 61 AND 62 TOGETHER WTH
A SEPARATE OUT Pr'ARCEL.