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HomeMy WebLinkAbout4.0 Resolution 87-17Recorded at J; J 2 o'clock p M. FEB JLLJ~- STATE OF COLORADO ) Reception No. 378915 MILDRED ALSDORF, RECORDEH )ss GARFIELD COul\lTY, COLORADO ) BQ';~ 705 fAr.E264 . , ~ county of Garfield At a regular meeting of conmissioners for Garfield county, Colorado, Glenwood Springs on Monday , the 9th 19 87 , there were present: the Board of county neld at the Courthouse in day of February A. D. Robert Richardson , Commissioner Chairman ~~~~~~~~~~~~~~~~~~ Larry Schmueser , Commissioner ~~"----~~~~~~~~~~~~~~~ Marian I. Smith , commissioner Don DeFord , County Attorney Mildred Alsdorf , Clerk of the Board ~~~~~~~~~~~~~~~~~~ Chuck Deschenes , County Administrator ~----~~~~~'---~~~~~~~~~~ when the following proceedings, among others wer2 had and done, to-wit: RESOLUTION NO. 87-17 A RESOLUTION CONCERNED WITH AMENDING RESOLUTION NO. 87-05 CONCERNED WITH THE APPROVAL OF A PRELIMINARY PLAN OF THE DEER CREEK ESTATES SUBDIVISION. WHEREAS, the Board of county commissioners of Garfield county did approve the Deer Creek Estates Preliminary Plan by the above mentioned Resolution No. 87-05; WHEREAS, Condition of Approval No. 14 contains a minor scribner's error; NOW, THEREFORE, be it resolved that this Board's Resolution No. 87-05 be apd hereby is amended to re~d in its entirety as follows: A RESOLUTION C0NCE~NED WITH THE APPROVAL OF A PRELIMINARY PLAN OF THE DEER CREEK ESTATES SCBDIVISION. WHEREAS, Landco V, Inc. has filed an application with the Board of county commissioners of Garfield county for approval of a Preliminary Plah of the Deer creek Estates Subdivision, and; WHEREAS, bas~d on the material submitted by the applicant and the comments of the Garfield county Planning Department, this Board finds as follows: 1. That proper publication, public notice and posting'was provided as required by · law for the hearings before ~he Pl~nning Commission on November 13, 1985 and Board of county Commissioners on December 16, 1985; and 2. That the hearings before the Planning commission and Board/ of county c6mmissioners were extensive and complet~, th~t/ all pertinent facts, matters and issues were submitted and t6at all interested parties were heard at that hearing. / 3. That the Garfield county Planning commission recommended approval of the Preliminary Plan. 4. That the proposed subdivision of land is in compliance with the r~commendations set forth in the comprehensive Plan for the unincorporated area 'ofi"'the C()Unty, ·'· 5. That all data, surveys, analys-e·s, studies, plans and designs as are required by the State of Colorado and Garfield county have been submitted, reviewed, and found to meet all sound planning and engineering requirements of the Garfield county subdivision "'egulations. 6. ~nat the proposed subdivision of land conforms to the Garfield county Zoning Resolution. 7. That for the· above-stated and other reasons, the proposed subdivision is in the best interest of the health, safety, morals, convenience, order, prosperity, and welfare of the citiz~Ds of Garfi~ld count~. BOOK 705 PAGE265 NOW, THEREFORE, BE IT RESOLVED that the Preliminary Plan of Deer creek Estates Subdivision for the following described unincorporated area of Garfield county be approved with th~ following conditi6ns: 1. All proposals of the ~pplicant shall be considered conditioris of approval unless stated otherwise by the Board of County Commissioners. 2. The following plat notes shall be included on the Final Plat: a) Engineered septic systems and foundations designed by a Colorado registered professional engineer may be required. b) Each lot shall be required to submit a site specific soils test with the building permit application to dscermine if engineered septic systems and foundations will be required. c) No inhabitable structures shall be allowed outside the designated building envelopes. d) A minimum 25 ft. setback for all improvements, fr6m the tops of steep slopes between terrace levels shall be observed. e) All homesite and road cut banks shall be limited to 5 ft., as much as possible, and designed with near vertical or 2 1/2: l slopes. f) In accordance with water augmentation agreements a yearly fee for water rights may be assessed property owners of each lot. g) Limitations to development relating to the western Gas and Bureau of Reclamation easements are included in the covenants. h) All irrigation ditch easements be recognized and maintained as existing and in place. 3. All streets, including the extension of county Rd. 218 to the subdivision, shall be upgraded to county's standards including chip and seal surfacing at the developer's expense. In addition, in no case shall road grades exceed 8% within 300 ft. of any intersection. 4 . The applicant shall demonstrate that procedures to assure for maintenance of all toadways, removal, through the Homeowners Association . . \ are established including snow 5. A signed contract with the West Divide water Conservancy District for the purchase of augmentation/exchange water shall be submitted. 6. A test well shall be drilled prior to Final Plat submittal establishing the adequacy of the well and restrictions 0n irrigation of lawns and gardens shall be included in the covenants all in accordance with the Division of Water Resources recommendations. 7. The water distribution and storage system shall be designed by a registered professional engineer licensed by the State of Colorado and shall be approved.by the Colorado ·Department of Health. 8. The covenants shall include maintenance and pumping requirements for septic systems, and delegate the authority to enforce such requirements to the Homeowners Association. 9. That applicants shall obtain all required permission and agreements for the use of existing easements for Western Gas and the Bureau of Reclamation on the site. Any limitations to development established by these agreements shall be clearly stated in the coveriants. lu. A 40 ft. wide easement for the Ware and Hinds Ditch, 20 ft. on each side of the centerline of the ditch be recorded and included on the Final Plat. No cross fences shall be allowed on the 40 ft. easement for the ware and Hinds Ditch. 11. 10 ft. utility easements be included adjacent to all roads, cul-de-sacs, side and rear property lines. 12. The applicants shall contribute to the School Impact fund, $200 per lot or 5% of the. full market value of the gross. larJ area included on the Final Plat. The School Impact fees shall be paid prior to Final Plat approval. 13. The the the the Oberto wastewater and Torino Gulch springs are to be noted on final plat, and protected by covenants from lot owners using springs and with engineeri~g of all improvements to protect springs productivity, if necessary. · 14. Pursuant to the findings of the Board of county commissioners set forth in the m~eting of December 16, 1985, the foregoing approval shall be effective as of December 16, 1985. LEGAL DESCRIPTION: That property described in Book 575, Pages 129-132, Reception No. 316114, as filed in the office of the Clerk and Recorder of Garfield county, Colorado and attached hereon as Exhibit "A". 9th DATED this ;day of February 19 87 ATTEST: ~dLiul-~ Clek of the Board GARFIELD COUNTY BOARD OF COMMISSIONERS GARFIELD COUN , ~OLO~ADO c Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: Robert Richardson Aye ~~~~~~~~~~~~~~~~~~~~~~~~- L_a_r_r~y~Se_h_m_u_e_s_e_r~~~~~~~~~~~~~~~~~~Aye Marian I. Smith Aye ~~~--'-~~~~~~~~~~~~~~~~~~~~- STATE OF COLORADO county of Garfield ) )SS ) I, , county Clerk and ex-officio Clerk of the Board of county Comrn1ss1oners in and for the county and State aforesaid do hereby certify th~t the annexed and foregoing Resol~tiori is truly copied from the Records of the· Proceedings of the Board of county commissioners _Jgr said Garfield county, now in my office. . . _. ----~--~ ·-·-·· <~ :,:;::i.~·~r:_;,.:-;"...::.--:--:~,~ .., __ .:-·-.--.~··· -.:f_;.(t:'.,.,.·.,.,-.-;. :<·,·:·-"-<'.".Qo1;.,n---~; --~-:'.':::...--;-:_"j- 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. ~~~~~~~~~~~~~~~~~~~~~~ EXHIBIT II A" LEr-AL DESCRIPTION '2~sw~, SW~SE~ of Section 2, Township 6 South, Range 92 West of the Sixth Principal Meridian; With all its appurtenances and ~arrants title to all portions of the above described property, except ~or the following four (4) tracts lying within the above ,:escribed tJroperty. TP'"'\CT ,\ A tract of land situated in the E~SW\ of Section 2, Township 6 South, Range 92 West of the Sixth Principal Meridian, County of Garfield, State of Colorado, said tract being more particularly described as follows: Comrr.enciny at the South Quarter Corner of said Section 2, rebar and cap in·place marked L.S. #5447, the True Point of Beginning; thence S. 01°26'23'.' E. along the easterly lin,., of said c~sw~ of Section 2, 18.50 feet to a point in an existing fence line; thence leaving saiu easterly line S. 89°23'01" W. along said fence line 66.34 feet to a fence corner in place; Thence N. 00°45'18" W. along a fence in place 896.93 feet; thence along said fence N. 01°08'39" .E. 79.23 feet; thence along said fence N. 04°32'39" E. 379.27 feet; thence leavir.g said fence N. 88°33'37" E. 12.50 fee~ to the easterly line of said E~SW~; thence S. 01°26'23'' E. along said easterly line 1335.86 feet to the True Point of Beginning; containing 1.63 acres, more or less. TRACT B A tract of land situated in the SW~SE\ of Section :, Town- ship 6 South, Range 92 West of the Sixth Principal Meridian, County of Carfield, State of Colorado; said tract being more particularly described as follows: n" .~os r~riE2ss BO·_r, I .. > . BOOK 575 NSE130 Commencing at the Sl/16 Corner of said Sectiun 2, a rebar and cap in place ~arked L.S. #5447, the True Point of Beginning; thence N. 89°34'39" E. along ·the northerly line of said SW\SE\ 1291.48 feet to a rebar and cap at the 3El/16 Corner of said Section 2; thence leaving said northerly lines; 01°01'25" E. along the easterly line of said SW\SE\ 17.56 feet; thence leaving said easterly line S. 89°27'23" W. along a fence line extended and an existing fence 196.50 feet; thence along said fence line S. 89°33' 01" W. 1094.84 feet to a point on the westerly line of said SW\SE\; thence leaving said fence N. 01°26'23" W. along said westerly line 18.50 feet to the True Point of Beginning; containing 0.54 acres, more or less. TRACT C A tract of ~and situated in the SW~SE\ of Section 2, ~ownship 6, South, Range 92 West of the Sixth Principal Meridian, County of Garfield, State of Colorado; said tract being more particularly Jescribed as follows: Conunencing at the SEl/16 Corne~ of said Section 2 a rebar and cap ir~ place markt::.1 .L..S. #5447; thence S. 01°01'25" E. along the easterly line of said SW~SE~ 17.56 feet to the True Point. of Beginning; thence along said easterly line S. Ol°Cl'25" E. 943.78 feet to a.point in an existing fence line; thence leuving said easterly line N. 65°27'34".h'. along sa{d f~nce line 35.37 feet; thence along said fence line N. 02° 10'37" W. 178~80 feet; thence along said f:,nce line~-01° 52'51·· W. 211.54 feet; thence along said fence line N. 02° 51'01_" E. 296.58 E2et; thence along said fence line N. 02° 32'26" E. 242.21 feet to a fence corner in place; thence leaving said fence line N. 88°58'3':." E. 3.54 feet to the True Point of Beginning, containing 0.58 acres, more or less. '!'RACT D A tract of land situated in the SW~SE~ of Section 2, Township 6 South, Range 92 West of the Sixth Principal Meridian:, County of Garfield, State of Colorado; said tract being more particularly describ~d as follows: Conunencinc; at the South Quarter corner of Said s .... ction 2, a County S:Jrveyor brass cap in place; thence t-.. 59°43'25" E. along the southerly line of said SW~SE~ 1234.92 feet to an existing fence line; the True 2oint of Beginning; thence leaving said southerly line N. 38°03'10" E. along said fence line 35.91 feet; thence along said fence line N. 02°01'40'' w. 116.12 feet; thence along said fence line N. 6:.0 04'.ll" E. 27.96 feet to a point on the easterly line of said SW~SE\; thence S. 01°0 l' 2 5" E. al_Q]1_g. SCI.id _.§as ter).Y,_;_.line,,.154,A·02°.feeti'~~~;:·~~~:,'.'s to the El/J:6"'Torrier':.-b'f"csa{cl sec i:ion 2 and 11; thence s. 3 9 ° 43'25" W. along the southerly line o~ said SW~SE~ 46.90 feet to the Trl'e Point of Beginning, containing 0.09 acres, more or less. · TOGETHER with and subject to the warrcnties of this deed, the the following described parcel lying and being in Garfield cuunty, Colorado: BOOK 705 P~GE269 A tract at land situate in t~n SW\ of the SW\ of Section 2, Township 6 South, Range 92 West of the 6th P.M., being ffiOre particularly described as follows: Beginning at the so~theast corner of a parcel of land described in Rec. No. 270566 of the Records of the Clerk and Recorder of Garfield County, Colorado whence the southwest corner of said Section 2 bears s~ 89°14'53" W. J32S.13 feet; with all bearings containej herein being relative to a bearing of East ~n ~h0. ce~terline of Grand Avenue in the Town of Silt, Co:orado; thence N. 00°48'40" W. 191.16 feet along a fence line an~ alonq the ~ast line of said parcel described in Rec. No. 270566; thence along a fence line the following courses: X. 00°43'40" W. 70.84 feet; thence N. 00°41'47" \·~. 121.57 feet; thence N. 00°28'37" W. 521.55 feet; tl1encc \. 00°30'02" \'/, 410.00 feet along said fence line and a2~nq a northerly extension of said fence line to the ~orth line of said s w l;; o f the s w l;; of section 2 ; thence >; • 8 9 " 4 a ' 14 " E . 14 . O 5 feet to the northeast corner of said SW~ nf the SW~ ot Section 2; thence Southerly along the East line of SW~SW\ of Section 2 to the northerly right-of-way ~ine .of a county road as built and in place; thence S. 29°31'20" ~- 22.81 feet along said northerly right-oC-way line to the point of beginning, containirig 0.576 acres nore or less And subject ta reservations an~ exceptions contained in United States Patents recorded May l~, 1917 in the Garfield County Records as document #57257, in Book 92 at Page 303 and recorded November 11, 1899, as document :±22110 in Book 12 a<: Page 530; e~sements and rights of way recorded in the Garfield County Records on August 24, 1921, as document #76438 in Book 125 at Page 197, on June 7, 1938, as document il32259 in Book 191 at Page 312, on May 29, 1964, as document ~225675 in BooK 358 at Page 233; on October 26, 1967, as document #239308 in Book 388 at Page 585, .on March 20, 1963 as document #240415 in Book 393 at Page 7, a~d nn January 6, 1977, ~s document #i76243 in Bciok 492 at Pag~ 119; an easement and right of way for the B.,D., & c. Enlargem~nt and the Bosco Extension of the Ware & H'in'ds~-r:fftcn/· ancf';the Ober ta· waste'""i~-,.Eer-oiFch :-Dff &-·Gas icase recorded. October 25~ 1977, as document #281392 in Book 501 at Page 984; General Property taxes for the year 1981; and governmental. laws, ordinances and regulations; and easements anJ rights of way that are visible by an i11spection of the premises, or .:i.s shm·;-i on s~rvey by KKBNA, Inc., dated April 13, 1981, Job No. ~831.01. BOD~ 705 P~GE270 Reserving unto the grantors one-half of all oil, gas and other minerals on the above described lands now owned by gr3ntors. And together with all ~ater and water rights appurtenant to Ll-te above described ;iroperty inclurling, without limitation, 10 share of the capital stock of the Farmers Irrigation company and 40 acre feet Erom Silt Water Conservancy Dist~ict, which water rights are con-:eyecl •..:ithout wnrranties of title.