HomeMy WebLinkAbout1.0 ApplicationRECEIVED NOV 3 D 2009
RONALD GARFIELD 1
ANDREW V. HECHT2
MICHAEL J. HERRON 3
DAVID L. LENYO
GA Rf XJElD & lHIJE C lHIT ~ P. C.
601 EAST HYMAN AVENUE
ASPEN, COLORADO 81611
TELEPHONE
(970) 925-1936
TELECOPIER
(970) 925-3008
MATTHEW C. FERGUSON 1
CHRISTOPHER J. LACROIX 1•5
CHAD J. SCHMIT4
Via OSM
Mr. Mark Bean
ATTORNEYS AT LAW
E-mail:
atty@garfieldhecht.com
Website:
www.garfieldhecht.com
November 30, 2000
Garfield County Building and Planning Dept.
109 arh Street, Suite 303
Glenwood Springs, CO 81601
Re: Lansburgh/Missouri Heights Property
Dear Mark:
110 MIDLAND AVENUE
SUITE 201
BASALT, COLORADO 81621
TELEPHONE
(970) 927-1936
TELECOPIER
(970) 927-1783
I write on behalf of Leonard Lansburgh, the owner of certain real property in Garfield
County, the legal description for which is attached hereto as Exhibit "A" (the "Property"). The
Property is identified in the Garfield County real estate records as parcel 239118200153 and is
identified by the Garfield County Assessor's Office as Schedule Number Rl 11583. The Property
is approximately 34 acres in size. During the period that the Property has been owned by Mr.
Lansburgh (and perhaps earlier) it has been identified in the Garfield County real estate records
and Assessor's office as a single parcel; however, as described below, the Property actually consists
of four separate tracts.
The purpose of this letter is to notify the Garfield County Planning Department of
boundary line adjustments for the four tracts comprising the Property, as required by Section 1 :64
of the Subdivision Regulations of Garfield County, Colorado of 1984 (the "Regulations") 1•
In discussing this matter with the Garfield County Attorney's office, Don Deford
recommended that Mr. Lansburgh (i) obtain an amendment to the 1980 Resolution (as defined
below) that authorized the creation of four tracts on the Property to confirm the legal descriptions
of the tracts as reconfigured; and (ii) record a subdivision exemption plat in the Garfield County
real estate records showing the four tracts as reconfigured. The proposed amendment to the 1980
Resolution is attached hereto as Exhibit "B" and the proposed subdivision exemption plat is
attached hereto as Exhibit "C" (the "Exemption Plat").
Section 1 :64 of the Regulations provides that "Boundary line adjustments for
parcels not contained in a recorded subdivision of record shall not be required to meet the
requirements of these Regulations, provided that notification of the revised legal descriptions of the
subject parcels is provided to the Planning Department within thirty (30) days of conveyance and
that no new parcels or interests are created."
1. also admitted to
New York Bar
2. also admitted to
District of Columbia Bar
3. also admitted to
Florida Bar
4. also admitted to
Illinois Bar
5. also admitted to
Connecticut Bar @ Printed on recycled paper
GARfllElD & HIECHT, P.C.
Mr. Mark Bean
November 30, 2000
Page 2
The relevant history of the Property is as follows:
In Resolution 79-161 (the "1979 Resolution"), Garfield County granted to David Sontag
an exemption of the Garfield County Subdivision Regulations. The 1979 Resolution provides that
the Property may be divided into four tracts of approximately 4.07, 13.9, 11.99 and 4.01 acres
each, more or less, which tracts are more particularly described in the Resolution as Tracts A, B, C
and D, respectively. The 1979 Resolution was recorded in Book 541 at Page 604 as Reception
No. 300543. A copy of the 1979 Resolution is attached hereto as Exhibit "D".
After the 1979 Resolution was adopted and recorded, it was discovered that it contained
two errors (see John Doremus letter to Garfield County Planning Office dated July 8, 1980, a
copy of which is attached hereto as Exhibit "E"). In order to correct the errors, it appears that
Resolution 80-152 (the "1980 Resolution") was adopted. The 1980 Resolution was recorded in
Book 552 at Page 356 as Reception No. 305853. A copy of the 1980 Resolution is attached
hereto as Exhibit "F". It does not appear that a subdivision exemption plat was ever recorded in
connection with the 1980 Resolution; however, in the Planning Department's file entitled "David
Sontag -SB 35 Exemption" there is a map depicting the four tracts authorized by the 1980
Resolution (I do not have a copy).
It appears that Tracts A and B were conveyed on February 15, 1985 by warranty deed
from David Sontag to G. A. Seelbinder recorded February 22, 1985 in Book 664 at Page 623.
A copy of this warranty deed is attached hereto as Exhibit "G".
Tracts C and D to were conveyed on September 10, 1985 by special warranty deed from
Arnold Kassey, Trustee, to G. A. Seelbinder recorded October 1, 1985 in Book 676 at Page
508.2 A copy of this special warranty deed is attached hereto as Exhibit "H".
As a result of this conveyance, G.A. Seelbinder owned tracts A, B, C, and D, which
comprise the Property. G.A. Seelbinder subsequently conveyed small portions of the Property to
(i) Ursula M. Cogwill and Elayne Goldstein by quitclaim deed recorded May 30, 1986 in Book
689 at Page 153 and (ii) Susan Grymes Mackie, Trustee by quitclaim deed recorded May 30,
1986 in Book 689 at Page 158 (together, the "Quit Claim Conveyances"). Copies of the deeds
for the Quitclaim Conveyances are attached hereto as Exhibit "I".
G.A. Seelbinder conveyed the Property to Mr. Lansburgh on November 4, 1987 by
2 Based on the documents I have been able to review, it is not clear how Arnold
Kassey, Trustee, became the owner of tracts C and D. Arnold Kassey is not mentioned in the
Resolution, but David Sontag appears to have conveyed some of the Property to him in 1979
pursuant to a deed recorded December 27, 1979 in Book 541 at Page 590 and some of the
Property appears to have been quit claimed by Arnold Kassey, Trustee to David Sontag on June
30, 1980 by quit claim deed recorded July 8, 1980 in Book 541 at Page 542. Copies of theses
deeds are included in Exhibit "H".
GARfHElD & IHIIECIHIT, r.c.
Mr. Mark Bean
November 30, 2000
Page 3
warranty deed recorded November 6, 1987 in Book 724 at Page 102. A copy of this warranty
deed is attached hereto as Exhibit"]". The legal description of the Property attached to the deed
from G.A. Seelbinder to Leonard Lansburgh does not refer to the tracts created by the 1980
Resolution or use the legal descriptions from the 1980 Resolution but instead refers to 2 separate
parcels (by metes and bounds) that also comprise the Property (subject to the Quit Claim
Conveyances).
Mr. Lansburgh is adjusting the lot lines of the four tracts comprising the Property. The
revised boundary lines are depicted on the Exemption Plat, which also includes the revised legal
descriptions for each of the four tracts. As a result of the adjustment, the four tracts consist of Lot
1 (7.960 acres, more or less), Lot 2 (7.912 acres, more or less), Lot 3 (9.938 acres, more or
less), and Lot 4 (8.315 acres, more or less). The adjustment does not increase the number of
lots. Moreover, Garfield County will not be required to issue any building permits other than what
it would be required to issue for the already existing tracts.
As noted and described on the Exemption Plat, access to the four lots is accomplished via
two shared access easements, one easement for Lots 1 and 2 and another easement for Lots 3 and
4. A driveway has already been constructed in the easement for Lots 3 and 4.
There are two wells on the Property and an application for a third well permit has been
filed. The well that currently exists on Lot 3 will serve Lots 3 and 4 and there will be a well-
sharing agreement to this effect. The well that currently exists on Lot 2 will serve Lot 2. An
application for a well permit for Lot 1 has been filed. Please let me know if you require copies of
the well permits for the wells on Lots 2 and 3 and/ or the well permit application for the proposed
well on Lot 1 .
Finally, please consider whether the Exemption Plat should contain a note dedicating
County Road 103 to the public, with the County assuming all responsibility for maintenance, etc.
I appreciate your prompt attention to this matter. Please do not hesitate to call if you
require any further information or if you have any questions.
cc: Leonard Lansburgh
Don Deford, Esq.
Sincerely,
GA~~~L LDD & & H HEECCHT, P.C.
By:~
~---~~~~~~
Chris LaCroix
Exhibits
A -Legal Description of the Property
B -Proposed Amendment to 1980 Resolution
C -Subdivision Exemption Plat
D -1979 Resolution
E -Doremus letter
F -1980 Resolution
G -Sontag -Seelbinder Deed
H -Kassoy -Seelbinder Deed
I -Quit Claim Deeds
J -Seelbinder -Lansburgh Deed
EXHIBTT "A" j
LEGAL DESCRIPTION _BC~~ ?24 ~ai:E~,3 "
A tract of land aituated in Lot 1 o! Sec:tion~l8··~:-Townahip. 7.~south~ ·~,
R.anqe 87 Hest o! the 6th Principal Meridian, G&r!ield County,
Color-ado, lyinq Northerly of the Southerly right-of-way fence of :~,
G&r!ield Co\.mty Road No. 103 as built and in place, .and being •ore·
. particular:-ly, descr:-ibed as. follows: · · ·
Beginninq at a brass cap found in place and properly ma.rked ior the·
Northwest Corner. of said Section.18;
thence s. lS•Ja•30• E. 320.38 feet;
thence S. 00•34•09• W. 433.54 feet to the center of a County Roadi
thence N. 59•25•51• H. 69.87 feet alonq the center of said County.·
Road to. the Wester-ly bounda·ry line of said Section 18;.
thence s. 02•03·2~· E. 17.63 feet alonq said He•terly boundary
11n9 to & point on the Southerly riqht-of-vay fence of said County
Road lfo. 103; . . . . ·
thence alonv ••id Southerly· riqht-o!-vay fence on the !ollowinq"
cour•eat S. 88•55'48" E. 154.31 feet1 .
... thence s. e9•os•57" E. 420.34 feet;
thence s. s9•3s·oa" E. 398.58 feet1
thence. le1avinq aa.id fence on a. cour•e bearinq North for 767. Ol · ··
. feet to a point on the Northerly boundary line of said I:.ot 11
thence S. ss•49•50• H. 1000.46 feet alonq .said lortherly bound.a.ry ··
. line to The Point of Beqinninq.
TRAtT B ..·
l ...
~. · . .'
A trac:t of land. aituated in Lota 1 and 2 · o( Section 18, Town•hip
7 South, .R&O<Je 87 He•t of the 6th Principal Meridian, Garfield
County, Colorado, beinq •ore particularly described a• followst .. ·· .....
Beq-i.nri.10<] at a. point on the Bortherly boundary line o! aid Lot 1 . , ,
when~• a bra•• c:a.p !oun~:in plactt. and properly -rked for tbe , .· .· .. · ,: ·
Rorthwe•t Corner o! sa.id Section 18 bean S. 8&•49•50• M. 1000.46 '-;;.
f9et1 . · ·.··
thence South.787.03 feet to a point in the Southerly r19h.t-of-w.y
fence of Garfield County Road lfo. 103 ••built.and in plac•I.
thence s. 89"35' 07" · E. ·t31. 22 !eet:; a.lonq e>aid. fencel1ne1
thence 11.·e9•51•26• E. 97.21 feet alonq said fencelitleJ .•
thence s. 01•13•25~ E. 9.58 feet to a point 'on the Se>utherly
boundary line of said Lot 11 . ~
thence N. 88•46'49"' E. 594.29 feet alonq the.Sout.~erly boundary
line• of said Lot• 1 and. 21 . . . . . . . .. . ..
_thence •orth 803.26 feet to a point on tb.9 Mortherly boundary line
ot said Lot 21 . ·. · . ; .. · · , ·
thence s. ea•49•50• H. 922.98 feet alonq th• :iartherly bound.arr
line• of •aid. Lot• 2 and 1 to The Point of Be9inninq •
. COUNTY OF GARFIELD
STATE OF COU>RADO · .. ·.
_ .. , 9\
.u.-·.···
,-,.,_
Exhibit "B"
RESOLUTION 00-
RESOLUTION CONCERNED WITH AMENDING RESOLUTION 80-152
WHEREAS, in Resolution 80-152 an exemption from the Garfield County Subdivision
Regulations was granted to David Sontag for the division of a certain 34.13 acre tract (the
"Property") into four tracts as described in said Resolution 80-152.
WHEREAS, Leonard J. Lansburgh is now the owner of the Property.
WHEREAS, Leonard J. Lansburgh desires to adjust the boundary lines of the four tracts
comprising the Property as depicted and described on the Subdivision Exemption Plat attached
hereto as Exhibit "A".
NOW THEREFORE, BE IT RESOLVED that the boundary line adjustments and all other
matters described and depicted on the Subdivision Exemption Plat attached hereto as Exhibit "A"
are hereby approved and shall be effective upon recording of this Resolution and the Subdivision
Exemption Plat referred to herein. Nothing contained herein shall operate to invalidate any
conveyances prior to the effective date hereof of any of the tracts described in Resolution 80-152.
The Board of County Commissioners of Garfield County, Colorado
By:
~~~~~~~~
Print Name:
Title:
Attest:
County Clerk
M: \clacroix\Lansburgh \Subdiv\BeanltrO 2. wpd
--------------------
Exhibit C
PLAT NOTES
1. There is hereby permanently and perpetually dedicated to the owners of Lots 1 and 2 a
40 foot-wide easement for pedestrian and vehicular access to said Lots 1 and 2, as shown hereon. Said
easement being for the purpose of the construction, maintenance, repair and replacement of a driveway
for so long as Lots 1 and 2 are used for residential purposes, with no more than two residences per Lot.
Said easement may also be used for the installation, maintenance and repair of underground utilities as
long as such installation, maintenance and repair does not materially interfere with use of the easement
for pedestrian and vehicular access. Nothing contained herein shall be deemed to be a dedication of
any portion of the easement to or for the general public or for any public purpose whatsoever; it being
the intent of the parties that the easement is and shall continue to be private. The owners of Lots 1 and
2 shall enter into an agreement, which shall be recorded, concerning the maintenance, use and
enjoyment of the easement.
2. There is hereby permanently and perpetually dedicated to the owners of Lots 3 and 4 a
40 foot-wide easement for pedestrian and vehicular access to said Lots 3 and 4, as shown hereon. Said
easement being for the purpose of the construction, maintenance, repair and replacement of a driveway
for so long as Lots 3 and 4 are used for residential purposes, with no more than two residences per Lot.
Said easement may also be used for the installation, maintenance and repair of underground utilities as
long as such installation, maintenance and repair does not materially interfere with use of the easement
for pedestrian and vehicular access. Nothing contained herein shall be deemed to be a dedication of
any portion of the easement to or for the general public or for any public purpose whatsoever; it being
the intent of the parties that the easement is and shall continue to be private. The owners of Lots 3 and
4 shall enter into an agreement, which shall be recorded, concerning the maintenance, use and
enjoyment of the easement.
Oct-03-00 09:5BA
,EXHIBIT D
.,_ ..
13 Er.Or~[ Tll [ BO/.\IH.l 0 F C()l liff '{ C0Mf1l ::SI.ON El~S 01"
Gf\RFl Cl.ll CDUMTY, COl.O!U\DO
(~nrfield County, Colorado, for un <~Xelilpt"io11 front the definiL"ion of tile tel''IHS
11 subdhrision 11 i:Jrld "subcl"ivided land" und(!r C.R . .S. '1973, 30-2B-101 (10) (a)-(d),
a!. u1~K!l1d(!cl, and thl~ Subdivision Re9t(l,:1t·i:Jns of Gar~·ield County, Colorado,
lldoptc~d .Jamrnry ?., 19/!J, S~!ctions 2.n?.l'l (d) and 3.02.01 for the div·is·ion of
a 34.'13 iH .. re tract described as follmr;: that parcP.'l of land as described rn
Docur11ent Mei. 2132617 us filed in the Offi CC! of the Cl erl~ and R1x:nr-cic~r of
Garfil~ld Cc 1 unty, C:olor·iH.lo 'into 4. tri1cts of ap1•tCJ>dtnal:cly 4.07, 13.9, l'l.99,
ilnd 4. 1 acres each, n1ore or· less, v1hich propo:;ed cH vi c.!f!<l tracts urc 111ore
particuliJrly descrHH:'d us follows:
TntG'L A: A tract of 1 and si tuiltl:!d in thr! NW;1 of Sccti on l U,
Township 7 South, Ranf!P. H7 Hest of thu Gth Pr'incipcil tforidiun,
Garficl d County, Colorado and bei nr. more fully descr·ilwrl as
follows: ne~dnninr.i at the NH corner of said Section rn,
I " '"',.,.(1 ,. g • r n 11 r-'i. l~ .. JC(! Ii, 00 •1·. :jU L..
thf!nce S.m.~0 4.()1 49 11 W. 'IH94,!i8 foc~t; thoncr~ N.02°03'24" \-/.
67.39 feet; thence S.89°25'51" E. 69.ff/ feet; thence tL00°3•1'09 11
E. 433. 54 feet; thence N. rn°rn• 30" ~J. 320 .. 33 fr.i;:t to thC! point
of beginning contuinira~J 34.124. acres ncn·l~ 01· less; subject to
County l\oad 103 us constructed and in place.
Tract B: I\ parcc!l of hrnd situ3tecl in the N\1~ fXHJ4 of
Section 18, Township 7 South, Range A7 West of the 6th
Principcil Mer'icl'ian. Garf'iP.ld C:ounty, Colorado and hein~1 more
fully described as follows: Be~inning at the NW corner of
said Section 18, thenr.e N.H8°49'50" E. 63().00 feet; thP.nca
s.15°113''13" W. 396.97 foet; ttwnce N.87°3H'OO" \·!. 130.on
feet; thence N.5C 0 00'00'; ~J. ·120.00 foo.t; th£!nce S,88°49'~0 11
\L 190.00 feet; thence N. rn°1U'30" W. 3?.0.38 foet t0 'Ll1E!
point of be~1ir.nin!.l cuntilinin\1 4.071 C\crcs 11101·~ or 1~::,:-;.
Trllct G: I\ parce1 of land s'ituated in the Nl·/l_,i M\-11.1 of
Princip;_i'( ;,Mc1·icliirn, GarfiQld Co1mL.v. CnlorildCJ und beinq
more fully dr.scril><!d as fo 11 m·1~;:
Rec~ived Time Oct. 3. l l: 16AM
P.02
Oct-03-00 09:59A
·--"
bears s.nno1j.9 1 fiO" W. f.J'l.00 fm~t; thence N.H!.1°49 1 !.i0 11
[. 658.44·
feet; thence S.%0 501.11:~·· l-J. 394.U~ feet; thencH South 54(.J.00
fol~t; thence s.1.m 011G 1 '19" W. 971.!:iH feet; th(:1 nce N.M 003'21·" \-/.
0
67.39 feet; thence S.89°2~1 5.I" E. 69.C'/ feet~ UH-!llr.e N.00 34'09"
E. 433.54 feet; thence~ N.Be 0 1J.9'~iO'' E. 190.00 feet; t!1Pnt;P.
s.sn°oo·oo" E. l?0.00 ff.wl.; tlif!llCL' s.e7°39'00" E. ·1:~0.on fofiL;
th(!nce N.15°113'43" E. 396.97 feet to the~ point of be~inninn
conta"irdn9 13.901 ucres more or 'lc:!~:;s; ~'ub:iect to County Road 103
as cons1;r1.1ctcd and in place.
Tract D: A p~rcel of lund s·i l.uu.tc:d in the N\il\i of Section HI,
·1m·mshi[J 7 South, Ri.ln!,!e f:J ~ksl. of Ua~ 61.h Pr"incipal Mc~ricliun,
Garfield Covnty. Colorado and IH!"ir1n more rully dQscribcd ~s
fo 11 tJ\llS:
13e~rinnin~t at a point. wl1<H1cc~ the IM corr1l~r of said Sr.ction 18
bears s.e8°49'50" \-1, 12B8.l\4 feet; l)1enCl°! N.88°119 1 !i0 11 E. 155.00
feet; thence s.rn°?.n'07 11 E. 11r5'J .02 feet; tl1ence S.86°mi 1.37 11 E.
337.79 feet; thence South 34?.96 foe:·t; thence S.f3U 0 46'49" ~I.
Y23.UO 1"eet; thence North ~)LIU. 00 feet; thence ~l. 4 6 O 5{J ; £l 3 II i:..
394 .68 feet to the point of bf!\]innino cont<1·ining l l .99g atn?s
more or less; subject to County Road 103 us constructed and in
place.
HHEREAS, the Petitioner has demonstruted to tho stttisfaction of the
Board ~f County Commissioners of Gt:trfic1cl County, Colorado, that the proposed
division does not fall within the purposes of Part l, A~ticle 28, Title 30,
Colorado Revised Statutes 1973, as (\Jltcndcd, for the reas.on that the i111pac:t
created is not larrie enough to·prococd through the full subdivision raviCWi
and
HHERE/\S, the Petit"ioner has demonstrated to the satisfaction of the
Board c1f County Commissioners of Garf·ield County, Colorado, that tl-tere ·is a
P.03
rea!:;Onable probr.1bilit.v of locatfori do1m~stic water on et:tcll of said tracts, U1;.1t
there is adequate ingress and e~ress to said tracts, that the locnt1on of
.septic fonks will bn permitted by tile Colorado Departr:icnt of Health, that
the requested division is not rart of an existing or 1<ir~1er dcvP.lO~)IH(~rl't and
d0(!5 not fall with·in the gcnr.ra1 purpo~;es and intent of the subd·ivision
rc9ulations of the Sfote of Colo1·ado nnd the CoL111ty of Gnrficld 1 and sho11lc:,
therefore~ bo cxrnnptc~d fro111 the dcfi nit ion of tho term!; "suhdi vfr, ion" and
1'5ubcJ"iv•i<fecl fond" uS SP.t forth ·in C.n.S. 1973, 30-28-101 (lQ) (a)··(d), i.\.S
Received Time Oct. 3. 11 :J6AM
Oct-03-00 09:59A
--··
NO\·J, TilFIUTOr{E, nr: IT RESOLVED thu.t tlw di vi!; ion of the above rl.escri bud
tructs 11 /\11 , "!3", 11 C11 and "D" fro:n tl1f~ vbove dcscribc?d 34.13 ac1·e l.l'<Jct i~;
hereby 1:!XC!ll~ptcd from !;uch dcfinit"ion~-. ~IHI s~iid tract: may b~ rlividnd into
tracts''/\", "13", 11 C11 and "D", a·11 as ·is 111ore ful'ly dr.1scribcd i.1hove, and suid
di vi <kid I, r«ct may be c.;o nveyccl "in the! form of s ucll s 111(111 Hr tract~ w Hlio 1rl:
furthl!r co1!1pliilnce w'ith the i.lforesuirl s11hdivis·ion st.<1tut1~s und rc~1ulat'ion~;~
provided, liovmvc-ff, tllilt this exemptfon is qri.lnted on l.IH! cond'ition and \"l·i th
the expre'.:;s understanding anrl 0~1rccmr?nt of the Pe ti Li oner t.!Htt no fur l:h1~1·
exemptions be l1llov1ecl on sa·icl tructs 1'A 11
,
11 f'l 11
,
11 C" and "D", <HH.I thilt ''copy
of the ·in5trunx?nt or ·instru1mrnts of convey0ncc:.• wl1pn rc>r.or·clcd shall h~ filc:~d
with t:his Hcsolution.
Dater.I Uris .~_!_l_1_ day of Da_c:~:~1~:~~!!-.' /\.D. 1979.
TllE r!OARD OF COUNTY COM~-11ss1ma:i~s
OF Gf\RFI ELD COUNTY, COi Ol</\DiJ . 1~~.~/ .... -.~ //~// ... '
. ·-/"," .; / ... lJ.Y ·-:...::: .. -.:.-.~ .. ~:. ( .:' ···cr.:;.'!:.-:.:.~: .... .,.:-::.._:.J-t~t.~r:.::..·Mz.C----..
Chui nn~ n '/
ATTEST: _/.11,_{\~"J_-/JJJ._dvt(ff:'~-_ . _ (/
[)cl11ty f:fl en: of the r·.9tlrcl
of Cowrr.y Commissioners
Garfield County, ~olorado
Received Time Oct. 3. 11:16AM
P.04
EXHIBIT E
w»R~a.,f ~'!'.~~ol!o£QU1~~I!!
.cJM Jut 9 19ao 11
Ji.ARFIE~·Q·-· c-o pi ,, ti·
·-"" ' i...nliiffR July 8, 1980
Garfield County Planning Office
2014 Blake Avenue
Glenwood Springs, Colorado 81601
Dear Sir or Madam:
As I discussed this date on the phone with one of your
people, we recently discovered two errors in the tract de-
scriptions in the adopted Resolution No. 79-161, regarding an
Exemption from Subdivision Regulations for David Sontag. The
Resolution was adopted December 24,1 979, and recorded as
Reception No. 300543 in Book 541 at Page 604.
I have redrafted a proposed corrected Resolution with the
correct tract descriptions. The errors in the recorded
resolution were:
1. Tract A is a description of all four tracts combined
and Tract D was left out.
2. In the description of original Tract c, now changed
to Tract B, the next to the last call in that description
refers to S87°39'00"E 130.00 feet and the correct call
should be S87°38'00"E 130.00 feet.
I would sincerely appreciate your attention to this matter as
promptly as possible so that the descriptions to these tracts
will be correct. Would you be kind enough to send me two
copies of the corrected resolution after it has been signed
and recorded.
If you have any questions concerning this matter, of it I can
be of further assistance, please feel free to give me a call.
JD:cck
Enclosures
,,. '
:('):Cr~.' ' ' -I
Reception No.
I .. I
1 I
\,(i
EXHIBI~ F
:., .•
I ! 9~ o'd~dc__A_M. JUL 231980
305853'v\ILDRED ALSDORF, RECORDER
I I
i I
Bo r .. v. r:Jr:') nr:p " ... • '~ PWEu~n
STATE OF CO~ORADO 1
~ ss.
County of Garfield.
At a ............ : .... r.~.9.Yl~U: ................................ meeting of the Board of County· C~mmissioners for Garfield County Colorado . . ...I ' '
held at th
1
e .Court House in Glenwood Springs on ....................... , .•. MP.0.Y.gY. ............................ ; ........• , the .•....•.• iJ.:?J: ................... day of
............. ,,.JAlY. ........•....... ~ ............ A. D.19 ..... 80 ..... , there were present: .......... .Rl~J:lg,t.9. ... C. .•.... Y.P.J..1.~Y. ................................... , Commissioner Chairman
........... f.J.{l.Y.~Jl ... ~.~X:j .. ?.~ .............................................. , Commissioner
........... \.f}..r.f.Y ... Y.~.J .. 9-.?.Slhl.~.f. ........................................ I cornntlssioner
.......... Ar.tt.H:1.r...~.: .... N?.P.J..9:D.H.1.R., .... Y..f..: ................. , County Attorney
.... , ...... Jif}.JJ,<;:.Y •••. ~.R.f.l~.~; .. P..9:9.~.t .... Qg.R.ld:\:.Y. .............. , Clerk of the Board
when the following proceedings, among others were had and done, to-wit:
l
RESOLUTION NO. 80-152
RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE
GARFIELD COUNTY SUBDIVISI9N REGULATIONS FOR DAVID SONTAG
WHEREAS, David Sontag has petitioned the Board of County Commissioners of
Garfield County, Colorado, for an exemption from the definition of the terms
11
subdivision 11 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
January 2, 1979, Sections 2.02.21 (d) and 3.02.01 for the division of a 34.13 acre
tract described as follows: that parcel of land as described in Document No.
282617 as filed in the Office of the Clerk and Recorder of Garfield County, Colorado
into 4 tracts of approximately 4.07, 13.9, 11 .99 and 4.01 acres each, more or less,
which proposed divided tracts are more particularly described as follows:
Tract A: A parcel of land situated in the NWl/4 of Section 18,
Township 7 South, Range 87 West of the 6th Principal Meridian,
Garfield County, Colorado and bein!J more fully described as follows:
Beg~ at the NH cor.iwr of~ Sec~ 18 thence N.88°4g'50" E. 630.00 1 ~; thence s.15°43'43 11 vi. 396.97 1 ~; thence N.87 38'00" H.
130.00'...t; thence N.58°00'00 11 W. 120.00 1 ~; thence S.88°49'50" vJ.
190. 00 '-; thence N. rn°1 s' 30" W. 320. 38 1-1: to the P"; Rt •f lle~iM;M P.
0
• B ·
containing 4.071 acres more or less.
)ract B: A parcel of land situated in the NWl/4 of Section 18,
/Township 7 South, Range 87 \olest of the 6th Principal Meridian,
Garfield County, Colorado and being more fully described as follows: .:::::::-------____,...--·------· ·---· .. ·--~·--·-----
Begil nh•g at a ~t.when,ce the NW cor,.... of ~--~Sec·!lilM1--l8-b.e.QI2 __
S.88°49'50" W. 630.00 1 ~; thence N.88°49'50 11 E. 658.44'.f.Milt.; thenc-e--·-·-·-·--.
S.46050' 43" \/. 394. 68'·-..t; thence south 540 .OO'-IW!t; thence S: ~8°46 '49" "'
W. 971.58'f.iilpt; thence N.02°03'24" \~. 67.39 1 ·~; thence S.89925
1
51
11
E.
69. 87 1 ~; thence N .00°3,4 '09" E.. 433. 54 1 .~; thence N·. 88°49 '50" E. .
190.dO 1-Nieit; thence s. 580:00 I 00 11 E. fl 20. 00 1 ~; thence s. 87°38 '00" E.
130 .00 ·-; thence N. 150.43' 43" E. 396. 97 1 iiliot to the I"'; •t 6 r be~i ""; 1111 P.o. B.
OOA.tai niog 13 gg1 •c res ff!9re •• 1 ess ; s tlbject to bo"•tl' R~3 as eeAstl"trnteel aAe i:B::J8-!.fi.:._. -..... · .. . .... ,. ..................... ,. ....... ·" ........................................ --.----
~ ... ,~~· . ,, ...... -............. ~··"
/Tract C: A parcel of lan,d si.tuated in the NWl/4 of Section 18,
Township 7 South, Range 87 West of the 6th Principal Meridian,
Garfield County, Colorado and being more fullr described as follows:
Becik:t ·pg at a p•t. whence the N~J co~ of ~ Sec.Wiilln 18 bears
S.88°49'50" W. 1288.44'1-.t; thence N.88°49'50 11 E.155.00
1
•t; thence
s.18°28'07 11 E. 45l.02'M@it; thence S.86008 1 37" E. 337.79
1
1'2t; thence
South 342.96 1 ~; thence S.88°45'49" \L 923.00'Mis:t; thence North P,
540.001-; thence'N.46°50'43" E. 394.68';;.o.t to the p•i•t •' ho~i" ,O.B.
ning containing n 999 acres wore or lg~; s1:1ejeet te Coa11ty Reaei--103
as conitrY~te~ and 1n ~lace.
T~act !): /l. pa~c<.:!! of land c;itP~.terl in thP. N\"1/4 of Section 18.
Township 7 South, Range 87 West of the 6th Principal Meridian, Garfield
County, Colorado and being more fully described as follows:
Begia::isg at a peiiat.whence. the NW cor_,• of~ Sec*11 18 bears
S.88°49'50" W. 1443.44 1 ~; thence N.88°49 1 50" E. 480.001 ~; thence
South 460.30~~; thence N.86°08'37" W1. 337.79 1-MA; thence N.18°28
1
07"
H. 451.02 1 ~ to the peiAt gf 99gi11Ai+i\'-l·containing 4.153 acres more or
()n fl. -.
\
•
SOOK 552 rt.GE357
WHEREAS, 'the Petitioner has demonstrated to the satisfaction of the Boa rd
of County Commissioners of Garfield County, Co 1 orado·, that the proposed di vis ion
does not fall within the purposes of Part 1, Article 28, Title 30, Colorado
Revised Statutes 1973, as amended, for the reason that the impact created is not
large e~ugh to proceed through the full subdivision revi~; and i . .,
WHEREAS, the PetitiJner has demonstrated to the satisfaction of the Board of
County. C~nmi ss 1 oners . of qa rfi e 1 c) ;;County, Color.ado, t~at th.ere is a reasonab 1 e
probab111 ty of 1 ocatrng 401nes ti t.i water on each of sa1 d tracts, that there is
adequate ingress and egr~s s to s/•i d tracts , that the 1 oca ti on of septic tanks wi 11 ·
be permitted by the Co 1 orado De partinent of Hea 1th, that the· requested division is
not part of ,an existing or larger ·deve 1 ooll'ent and does not fa 11 within the ·genera 1
purposes and 1.ii tent of the subdivision regu 1 a ti ons of the State of Co 1 ora do and the
County of Garf i e 1 d, and shO u 1 d, the ref ore, be exempted from the dO f i niti on of the
terms "subdivision" and !subdivi!;\ed land" as set forth in c.R.S. 1973, 30-28-101
less.
(10) (a)-(d), as amended; ~ ·
::1 ,:: . ii· i NOW, THEREFORE, BE h REsolV.rn that the division of the above described
tracts "A" , "B" , "C" , an~ "D" from the above described 34. 1 3 acre tract is hereby
exempted from such defi nf ti ons and said tract may be di vi <led in to tracts "A" , "B" ,
"C" , and "D'',,11all as is \TlOre fU l1 y described a)love, and said divided tract may be
conveyed in the form of ~uch• smaller tracts without further compliance with the
aforesaid sub division s til tutes and reo,ulat ions; pro vi <led, however, that this
exemption is granted on lthe condition and with the express understanding and agree-
Jl'ent of the Pe ti ti oner that no f µrther exemptions be a 11 owed on said tracts "A'',
"B'', "C", and . "D'', and that a coi)y of the instrument or instruments of conveyance
when record~d shall be filed with this Resolution.
THE BOARD OF COUNTY COMMISSIONERS
OF GARFIELD COUNTY, COLORADO
'I.'
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11 f)i~i1l\lllh :;< lh . · .... f· i . ; i . : Upon =tlo• duly ,.. •• Md ,.,,,ndod lili< fo«1Jlng R•~lutlon .,.. odopt<d bY <h• fotlo-•o"'
.• ·i · : : .................... ~) •• Sb.~.r.9 .. ·.~ ....... ~.9 .. J.~Y. ..................................................... Aye !
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,,;: ................... -aw·~v·~1~~~·~ez··························· ............................... AY:
................................ Y-................ 9. .................................. , ............................... AY
;'!I
STATE OF COLOitADO
commissioners
; '
CountY oi C.1.dlelt!
\ ~ ·: ; '· ..... -·+··•••«•o0••••••••«••«••••'"""""'""""'"""'""'": ...... Co~"' Cl•« ••• u-0fficio Cl .. k of "" BoMd of Counly commlWo••"
In ond fw <ho Co,uotY ••• Stal• •fo•...i• do h,.oby '"'"" ''" "' onn••"" '"4 '°'"°"" O<d" b uuly oopi .. f~m <h• Rooo«h ol
the ProceedinCJl\.jor1:~1~,~oard of Cou~ty Commis~~~ers for said Garfield County, now in my oHice.
1N win!EsS WHEREOF, 1 ho<O hilli=to '"' my h•nd i_nd •ffixod 0.o ,..i of """ 09W.1Y, .r Gtmwood Spri ....
this: ............... ; ... day of ........................................ : ................. , A. D. 19 .. ) ......... . :
1
l: County Clerf and ex-officio C.lerk of the Board of County Commissioners. I :I·: I