HomeMy WebLinkAbout3.0 Resolution 97-09•11111111111111111 11111111110111111111111111111111111 7$`)
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STATE OF COLORADO
)ss
County of Garfield
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
Tuesday , the 18th of February A.D. 19 97 , there were present:
Marian I. Smith , Commissioner Chairman
John Martin , Commissioner
Larry McCown , Commissioner
Don DeFord , County Attorney
Mildred Alsdorf , Clerk of the Board
Chuck Deschenes , County Administrator
when the following proceedings, among others were had and done, to -wit:
RESOLUTION NO. 97-09
A RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE GARFIELD
COUNTY SUBDIVISION REGULATIONS FOR JAMES & ELSE LYONS.
WHEREAS, James and Ilse Lyons 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 48.47 acre tract as
described in Book 862, Page 819, as filed in the Offices of the Clerk and Recorder of Garfield County,
Colorado, into three parcels of approximately 16.96, 15.76, and 15.75 acres each, more or less, which
proposed divided tracts are more practically described as follows:
Lot 1:
Lot 2:
Lot 3:
See Attached
See Attached
See Attached
(in the State of Colorado and the County of Garfield); and
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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
ofPart 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
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;
NOW THEREFORE, BE IT RESOLVED that the division of the above described Lots "1," "2," and
"3" from the above described 48.47 acre tract is hereby exempted from such definitions and said tract may
be divided into said Lots "1," "2," and "3" and may be conveyed in the form of such Lots "1," "2," and "3"
all as is 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 2othday of February , A.D. 19 97 .
ATTEST:
GARFIELD COUNTY BOARD OF
COMMISSIONERS, GARFIELD COUNTY,
COLORADO
,`�ii2C �• ?e /1
Clerk of the Board Chairman
Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote:
Chairman Marian I. Smith ,Aye
Commissioner John F. Martin ,Aye
Commissioner Larry L. McCown ,Aye
STATE OF COLORADO
County of Garfield
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)
)ss
I, , County Clerk and ex -officio Clerk of the Board of County
Commissioners, in and for the County and State aforesaid, do hereby certify that the annexed and foregoing
Resolution is truly copied from the Records of the Proceeding of the Board of County Commissioners for
said Garfield County, now in my office.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at
Glenwood Springs, this day of , A.D. 19 .
County Clerk and ex -officio Clerk of the Board of County Commissioners
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Property Description
Lot 1
Lyons Subdivision Exemption
A tract of land situated in the SE1/4NW1/4 and the SW1/4NW1/4 of Section 5, Township
7 South, Range 94 West of the 6th P.M., County of Garfield, State of Colorado, said
tract of land being more particularly described as follows:
Beginning at a point on the Northerly Right of Way of County Rood #301 as
constructed and in place from which the West 1/4 corner of said Section 5 bears
S.88'06'26"W. 1034.93 feet and S.04'09'40"E. 15.68 feet, said West 1/4 corner being
a standard monument and brass cap, P.L.S. #14060; then along the Northerly and Westerly
Right of Way of said County Road the following ten (10) courses:
N.88'06'26'E. 41.69 feet N.86'51'46"E. 272.71 feet 77.63 feet along the arc of
a curve to the left having a radius of 57.95 feet, a central angle of 76'44'54" and
a chord which bears N.4 -829'19"E. 71.95 feet; N.10'06'52'E. 269.63 feet; 159.61
feet along the arc of a curve to the right having o radius of 408.50, a central angle
of 22'23'12' and a chord which bears N.211828"E 158.60 feet; N.32'30'04"E
152.57 feet; 148.85 feet along the arc of a curve to the right having a radius of
550.46 feet, a central angle of 1529'38' and a chord which bears N.40 -14'53'E.
148.40 feet; N.47"59'42"E. 200.02 feet; 193.57 feet along the arc of a curve to the
left having a radius of 540.00, a central angle of 2012'18" and a chord which bears
N.37'43'33"E. 192.53 feet N.272724"E. 315.01 feet to the North line of said
SE1/4NW1/4; then along said North line S.8910'29'W. 938.53 feet to the Northwest
corner of said SE1/4NW1/4; then along the North line of said SW1/4NW1/4 5.89'10'29"W.
140.95 feet then departing said North line S.00'4 -6'00'E. 1269.36 feet to the Point
of Beginning.
Excepting therefrom the following described tract of land as reserved for a
reservoir site as described in document recorded in Book 93 at Page 350 of the records
of said County, said excepted tract being more particularly described as follows;
Beginning -at a point from which the Southeast corner of said SE1/4NW1/4 bears
S.30'00'00"E 1072.00 feet; then S.55'00'00'W. 270.00 feet; then N.45'00'00"W.
215.00 feet; then N.20'00'00"W. 233.00 feet; then S.77'00'00"E 405.00 feet; then
S.24'59'31"E. 137.92 feet (Record: S.23 -E. 130 feet) to the Point of Beginning.
Said tract of land containing a net acreage of 738,763 square feet or 16.96 acres
as described.
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Property Description
Lot 2 .
Lyons Subdivision Exemption
A tract of land situated in the SW1/4NW1/4 of Section 5, Township 7 South, Range
94 West of the 6th P.M., County of Garfield, State of Colorado, said tract of land
being more particularly described as follows:
Beginning at a point on the Northerly Right of Way of County Road #301 as
constructed and in place from which the West 1/4 corner of said Section 5 bears
5.88106'26"W. 515.15 feet and S.04'09'40"E 15.68 feet, said West 1/4 corner being
a standard monument and brass cap, P.LS. #14060; then along the Northerly Right of
Way of said County Road N.88'06'26'E. 519.78 feet; then departing said Northerly
Right of Way N.00'46'00'W. 1269.36 feet to the North line of said SW1/4NW1/4; then
along said North line S.89'10'29"W. 557.58 feet; then departing said North line
S.0227'50'E 1279.56 feet to the Point of Beginning.
Said tract of land containing a net acreage of 686,413 square feet or 15.76 acres
as descnbed
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Property Description
Lot 3
Lyons Subdivision Exemption
A tract of land situated in the SW1/4NW1/4 of Section 5, Township 7 South, Range
94 West of the 6th P.M., County of Garfield, State of Colorado, said tract of land
being more particularly described as follows:
Beginning at a point on the Northerly Right of Way of County Rood #301 as
constructed and in place from which the West 1/4 corner of said Section 5 bears
S.04 -09'40'E. 15.68 feet, said West 1/4 comer being a standard monument and brass
cap, P.L.S. #14060; then along the Northerly Right of Way of said County Road
N.88'06'26"E. 515.15 feet; then N.0227'S0"W. 1279.56 feet- to the North line of
said SW1/4NW1/4; then along said North line S.8910'29 -W. 553.59 feet to the
Northwest corner of said SW1/4NW1/4; then along the West line of said SW1/4NW1/4
S.04'09'40 -E. 1290.82 feet to the Point of Beginning.
Said tract of land containing a net acreage of 686,257 square feet or 15.75 acres
as described.
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DECLARATION OF WELL SHARING AGREEMENT
THIS DECLARATION is made this 15th day of January, 1997 by JAMES P. AND ILSE
LYONS.
WITNESSETH:
WHEREAS, James P. and Ilse Lyons own certain real property more particularly described
in Exhibit A attached hereto, and
WHEREAS, it is James P. and Ilse Lyons' intent to divide said real property into three
separate parcels as more particularly described in Exhibit 13, and
WHEREAS, James P. and Ilse Lyons are the owners of the Lyons Well No. 1, permit No.
110037, being located at a point 2,600 feet from the North section line and 700 feet from the West
section line of Section 5, T7S, R94W of the 6th P.M., and
WHEREAS, it is James P. and Ilse Lyons' intent that the owners, successors and assigns of
the lands described in Exhibit B may use water from the Lyons Well No. 1 for all legal purposes.
NOW, THEREFORE, James P. and Ilse Lyons declare as follows:
1. The owners, successors and assigns of the real property described in Exhibit 13 shall
have the right to use water from the Lyons Well No..1 for all legal purposes, in an amount
not to exceed 1/3 of the water available at Lyons Well No. 1, provided that the right is
appurtenant to said parcels described in Exhibit B and may not be conveyed separate and
apart therefrom.
2. The owners, successors and assigns in interest to the property described in Exhibit
B, shall pay one third (1/3) of the cost and expense of maintaining the well, pump, storage
tank and related equipment necessary to produce water from the well for its use on the above
described properties as provided in this Declaration.
3. The owners, successors and assigns of the real property described in Exhibit B, shall
pay their portion of the expenses described in paragraph 2 above within 30 days after
receiving notice thereof, and upon failing to make such payment the right to receive water
from the Lyons Well No. 1 shall discontinue until such payment is received.
4. The owners, successors and assigns may disconnect the water line from the Lyons
Well No. 1 upon giving written notice to James and Ilse Lyons, their successors or assigns.
Upon disconnection of the water line the owners, successors and assigns of the property
described in Exhibit B, shall be relieved of any obligation under paragraph 2 above from the
date of disconnection, provided that they will remain liable for all obligations under
paragraph 2 above which were incurred prior to the date of disconnection.
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Executed the day and year first above written.
-
ILSE L3NS
STATE OF COLORADO )
) ss.
COUNTY OF GARFIELD )
The foregoing instrument was acknowledged before me this 15th day of January, 1997, by
JAMES P. AND ILSE LYONS.
•
S .... 't TNI~SS my hand and official seal.
NOTARY PUBLIC
My commission expires: 04/19/99
Address: 0575 Hwy. 133
Carbondale, CO 81623
Declaration of Well Sharing Agreement
Page 2
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EXHIBIT A
TOWNSHIP 7 SOUTH, RANGE 94 WEST OF THE 6TH P.M.
SECTION 5: S W'/.NW'/. and all that part of the SE'%NW % lying westerly of the County Road.
EXCEPTING therefrom a reservoir site and ditch rights-of-way as reserved in Deed
recorded June 2, 1914, in Book 93 at Page 350.
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EXEUBIT B
A tract of land situated in the SE1/4NW1/4 and the SW1/4NW1/4 of Section 5, Township
Range 94 West of the 6th P.M., County of Garfield, State of Colorado, said
7 South, described as follows:
tract of land being more particularly Road #301 as
Beginning at a point on the Northerly Right of Way of County
constructed and in place from which 9t�o„E West
68 feetner said Wesf t 1/4 tion 5 bears
corner being
5.88'06'26"'r�. 1034.93 feet and S-P.L.S.14060; then along the Northerly and Westerly
a standard monument and brass cap,ten (10) courses:
Right of way of said County Road the following
N BA'06- q."E. 41.69 feet; N.86'51'46"E. 272.71 feet;77.63 angle offeet ng the
'S4r'cand a
of a
curve the left having a radius of 57.95 feet, a
central
chord which bears 'x.48'29'19"E. 71.95 feet; N.10'06'S2"E. 269.63 feet; 159.61 feet
along the arc of a curve to the right having radius fe f 408. 0, a04 E central angle
leeof
22'23'12" and a chord which bears N.21 18 ..f
148.85 feet along the arc of a curve Ntheright
bears Na40a14u53oE 148.40 feet; 550.46 feet, a
central angle of 1'29'38" and a cord
N.4759. 2_•'r. 200.02 feet; 193.57 feet along the arc of a curve to the left having a
radius of 540.00, a central angle of 20'32'18" and ine hof said SE /4NW1/t4 ;3 then along
192.53 feet; N•27"27'24"E. 315.01 feet to the North lid
said North line S. 89" 10' 29"W. 938.53 feet 1 t 89 lOr 29 W to he t 140r cone95r feetof SathenEdeparting
1/4NW1/4;
then along the `forth line of said SW1/4NW1/4 S
said North line 5.00'46'00"E. 126.9.36 f des tothe ibed toint t of Be Bind nning
as reserved for a
Exc=ming therefrom the following
reservoir site as described in document ri.:o ee pain particularly u 1 ook gy desc 3 at g b d as ff the records
of said County, said excepted tract beim'
Beginning at a point from which the OGo�th270t00corner
feet; then aya45'00'00 SE1/4NW1/4� 2b5ar0�
55.30"00'00 E. 1072.00 feet; then 5.55 0
feet; then N.20 -00'00"W. 233.00 feet; then S.77'00'00"E. 405.00 feet; then
S.74 °.31E. 137.92 feet (Record: S.23'E. 130 feet) to the Point of Beginning.
Said tract of land containing a net acreage of 738,763 square feet or 16.96 acres
as described.
A tract of land situated in the SW1/4NW1/4 of Section 5, Township 7 South, Range
94 West of the 6th P.M., County of Garfield; State of Colorado, said tract of land
being more particularly described as follows:
Beginning at a point on the Northerly Right of Way of County Road x301 as
constructed and in place from which the West 1/4 corner of said Section 5 bears
S.88"06'26"W. 515.15 feet and 5.04'09'40"E. 15.68 feet, said West 1/4 corner being a
standard monument and brass cap, P.L.S. =14060; then along the Northerly Right of Way
of said County Road N.88"06'26"E. 519.7 feet; then departing said Northerly Right of
Way N.00"46.00"w. 1269.36 feet to the `*girth line of said SW1/4NW1/4; then along said
North line 5.89'10'29"d. 557.58 feet; then departing said North line S.02 -27'50"E.
1279.56 fee: to the Point of Beginning
Said tract of land containing a net acreage of 686,413 square feet or 15.76 acres
as deszribed.
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EXHIBIT 13 (Cont'd)
A tract of land situated in the SW1/4NW1/4 of section 5, Township 7 youth, Range
94 West of the 6th P..1., County of Garfield, State of Colorado, said tract of land
being more particularly described as follows:
Beginning at a point on the Northerly Right of Way of County Road W301 as
constructed and in place from which the West 1/4 corner of said Section 5 bears
S.04 09.40"E. 15.68 feet, said West 1/4 corner being a standard monument and orass cap,
P.L.S. x14060; then along the Northerly Right of Way of said County Road N.88 '06.26-E.
515.15 feet; then N.02'27'50'W. 1279.56 feet to the North line of said SW1/4NW1/4; then
along said North line 5.89"10'29"W. 553.59 feet to the Northwest corner of said
SW1/4NW1/4; then along the West line of said SW1/4NW1/4 S.04'09'40"E. 1290.82 feet to
the Point of Beginning.
Said tract of land containing a net acreage of 686,257 square feet or 15.75 acres
as described.
