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Home My WebLink About4.0 Resolution 97-67IIIA IIII 111111 11111 IIIIA 511625 07/30/1997 04.22P vA027 P971 447 1 of 8 R 0.00 D 0.00 N 0.00 GARFIELD CLERK 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 Monday , the 28th of July 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. 97-67 A RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE GARFIELD COUNTY SUBDIVISION REGULATIONS FOR WILLIAM & BARTON PORTER. WHEREAS, William & Barton Porter 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, as amended, for the division of a 340 acre tract, as described in Book 795, Page 401, filed in the Offices of the Clerk and Recorder of Garfield County, Colorado, into two parcels of approximately 2.906 and 3.691 acres each, and a remainder tract, which proposed divided parcels are more practically described as follows: Parcel A: Parcel B: See Attached See Attached (in the State of Colorado and the County of Garfield), and 11111115116niii,30/1997nunuu�iiimuuuiiiini7 uuumi 2 of 8 R 0.00 D 0.00 N 0.00 GARFIELD CLERK 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 Parcels "A" and "B" from the above described 340 acre tract is hereby exempted from such definitions and said tract may be divided into said Parcels "A" and "B" and may be conveyed in the form of such Parcels "A" and "B" 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 30 day of July ATTEST: ,AD 19 97 GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFIELD COUNTY, COLORADO Clerk of the Board Chairman ^cam • Upon motion`duly made and seconded the foregoing Resolution was adopted by the following vote: COMMISSIONER CHAIRMAN MARIAN I. SMITH COMMISSIONER JOHN F. MARTIN COMMISSIONER LARRY L. MC COWN AYE AYE AYE STATE OF COLORADO County of Garfield ) )ss goal 11111 Hill iiiii i1# irniinuu 11111ui 1111 1625 3 of 8 R 0.00 D 0.00 N 0.00 GARFIELD CLERK 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 I1II25 iiiniiingiiii iiiiiuuiunuunuu 511 0.,.22P B1027 P974 447 4 of 8 R 0.00 D 0.00 N 0.00 GARFIELD CLERK PROPERTY DESCRIPTION PARCEL A A PARCEL OF LAND SITUATED IN THE SW1/4NE1/4 OF SECTION 12, TOWNSHIP 5 SOUTH, RANGE 91 'NEST, OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO; SAID PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH -CENTER SIXTEENTH CORNER OF SECTION 12; THENCE S 45'15'18" E 1104.65 FEET TO THE TRUE POINT OF BEGINNING; THENCE S 17'51'01" W 303.84 FEET; THENCE S 45'39'09" W 138.85 FEET 70 A POINT ON THE EASTERLY RIGHT-OF-WAY OF COUNTY ROAD NO. 314; THENCE ALONG SAID EASTERLY RIGHT-OF-WAY ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 605.95 FEET AND A CENTRAL ANGLE OF 14'11'29", A DISTANCE OF 150.09 FEET (CHORD BEARS N 25'11'55" W 149.70 FEET); THENCE CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAY N 32'17'38" W 240.33 FEET; THENCE CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAY ALONG .THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 1904.53 FEET AND A CENTRAL ANGLE OF 01'30'15", A DISTANCE OF 50.00 (CHORD BEARS N 31'32'31" W 50.00 FEET); THENCE LEAVING SAID EASTERLY RIGHT-OF-WAY N 57'42'22" E 380.62 FEET; THENCE S 24'09'57" E 217.35 FEET TO THE TRUE POINT OF BEGINNING; SAID PARCEL CONTAINING 2.906 ACRES, MORE OR LESS. TOGETHER WITH AND SUBJECT TO A 50.00 FOOT WIDE ACCESS AND UTILITY EASEMENT, AS SHOWN ON THE PORTER NO. 2 SUBDIVISION EXEMPTION MAP.. ti_ 111E11111111111111111111111 1111111 I II 1111 I I I 11111 511625 07/30/1997 04:22 027 P975 447 5 of 8 R 0.00 D 0.00 N 0.00 GARFIELD CLERK PROPERTY DESCRIPTION PARCEL 8 A PARCEL OF LAND SITUATED IN THE SW1/4NE1/4 AND THE NW1/4SE1/4 OF SECTION 12, TOWNSHIP 6 SOUTH, RANGE 91 WEST, OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO; SAID PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH -CENTER SIXTEENTH CORNER OF SECTION 12; THENCE S 45'i6'18" E 1104.65 FEET TO THE TRUE POINT CF BEGINNING; THENCE N 90'00'00" E 98.42 FEET; THENCE N.25.52'38" E 70.07 FEET; THENCE S 76'33'31" E 317.57 FEET; THENCE S 27'57'35" W 165.70 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY OF A 50.00 FOOT WIDE ACCESS AND UTILITY EASEMENT; THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY .ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 124.69 FEET AND A CENTRAL ANGLE OF 35'07'40, A DISTANCE OF 76.45 FEET (CHORD BEARS S 45'31'25" W 75.26 FEET); THENCE CONTINUING ALONG SAID SOUTHERLY RIGHT-OF-WAY S 63'05'15" W 106.50 FEET; THENCE CONTINUING ALONG SAID SOUTHERLY RIGHT -JF -WAY ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS CF 120.93 FEET AND A CENTRAL ANGLE OF 48'18'52, A DISTANCE OF 101.97 FEET (CHORD SEARS S 87'14'41" W 98.98 FEET); THENCE CONTINUING ALONG SAID SOUTHERLY RIGHT-OF-WAY N 68'35'53" W 15.33 FEET; THENCE LEAVING SAID SOUTHERLY RIGHT -OF -'WAY S 31'12'22" W 346.23 FEET TO A POINT ON SAID SOUTHERLY RIGHT-OF-WAY; THENCE S 57'27'02" W ALONG SAID SOUTHERLY RIGHT-OF-WAY 32.48 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY OF COUNTY ROAD NO. 31i; THENCE ALONG THE EASTERLY RIGHT-OF-WAY OF COUNTY ROAD NO. 314 ALONG THE ARC OF A CURVE TO THE ,RIGHT HAVING A RADIUS CF 305.25 FEET AND A CENTRAL ANGLE OF 22'09'34", A DISTANCE OF 118.06 FEET (CHORD BEARS N 29'10'57" 'N 117.32 FEET); THENCE CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAY N 18'06'10" W 86.10 FEET; THENCE LEAVING SAID EASTERLY RIGHT-OF-WAY N 15'39'09" = 138.85 FEET; THENCE N 17'51'01" F 303.84 FEET TO THE TRUE POINT OF BEGINNING; SAID PARCEL CONTAINING 3.691 ACRES, MORE CR __ES. TOGETHER WITH AND SUBJECT TO A 50.0C FOOT WIDE ACCESS AND UTILITY FASEMENT, AS SHOWN ON THE PORP NO. 2 SUBDIVISION EXEMPTION MAP.. 111111111111",'IIII'IIIIII'I'I'II"IIII"II1111`� , I' - , 1,t , .\ .1; 1 511625 07/ 997 04 22P B1027 P976 447 1'� �lE 6 of 8 R 0.00 D 0.00 N 0.00 GARFIELD CLERK ;' v .cc, 1 , t/ i, DECLARATION OF WELL -SHARING AGREEMESfi'I't`N-x,-47 d _ j4,,�?=�.E THIS DECLARATION OF WELL -SHARING AGREEMENT is made and entered this /7-- day of February, 1997, by BARTON F. PORTER and WILLIAM A. PORTER, (hereinafter collectively "Declarant"), WITNESSETH: WHEREAS, Declarant is the owner of certain real property in Garfield County, Colorado, located in the SW VINE 1/4 and the NW'/aSE'/a of Section 12, Township 6 South, Range 91 West of the 6th P.M.; and WHEREAS, Declarant has received the approval of Garfield County to create two (2) lots to be known as Parcels A and B, as depicted on the Porter No. 2 Subdivision Exemption Plat recorded on , 1997, as Reception No. in the records of the Clerk and Recorder of Garfield County, Colorado (hereinafter the "Exemption Plat") ; and WHEREAS, a water well (hereinafter "Well") has been constructed on Parcel pursuant to Colorado Division of Water Resources Approval No. 193639, known as Porter Well No. 5; and WHEREAS, the Well may provide up to 15 gallons per minute of water to be shared by Parcels A and B for ordinary household purposes, fire protection, the watering of poultry, domestic animals and livestock, and for the irrigation of not over one acre of homes, gardens and lawns. NOW, THEREFORE, Declarant hereby makes, declares, and establishes the following covenants, conditions, restrictions, and easements (the "Declaration") concerning the future ownership, maintenance, operation, repair, replacement, and use of the Well and appurtenant facilities, and related matters. From this day forward, the Parcels shall be held, sold and conveyed subject to this Declaration. 1. Ownership of Appurtenant Facilities. The owners of Parcels A and B shall each own an undivided one-half interest in and to the Well, pump, a common water storage tank of not less than 2,000 gallons in capacity, meters, and associated facilities for the withdrawal of and storage of water from the Well. In lieu of a common water storage tank, the owners may agree in writing to the use of individual water storage tanks on each parcel, which tanks shall each be a minimum of 1,000 gallons in capacity. 2. Easements. Subject to a reservation for the benefit of other owners of Parcels, Declarant and shall convey to each buyer of a Parcel the nonexclusive easements as shown on the Exemption Plat for the installation, operation and maintenance of a water pipeline for the benefit of the respective owners of Parcels 1, 2 and 3. Should any owner desire a more specific legal description of the alignment of the pipeline and easement, such owner may, at such owner's sole cost and expense, survey the pipeline alignment, and the owners agree to execute any necessary quit claim deeds in order to accomplish such purpose. II. ,kti\Ix IN111t1 W I:I1 sIIAk.AGN 1 � i111111nungn5 ��iiuiqrnum7 gqiuiqinimi 7 of 8 R 0.00 D 0.00 N 0.00 GRRFIELD CLERK 3. Operation, Maintenance and Repair Costs. Operation, maintenance and repair costs associated with the Well, the pump, meter, common water storage tank (if any) and associated facilities for the withdrawal and use of water from the Well shall be shared equally between the owners of Parcels A and B. The owners of each Parcel shall be solely responsible for the costs of maintenance, operation, repair, and replacement of any facilities used solely by that owner, including individual service lines. The owners agree to cooperate in any maintenance, operation, repair, replacement, or improvement of common facilities. In the event the owners are unable to agree upon any required maintenance, repair, replacement, or improvement, any owner shall be entitled to undertake the minimal maintenance, repair, replacement or improvement necessary and essential for proper functioning of the common facilities. In the event an owner determines to undertake such work unilaterally, such owner shall notify the other owner in writing. The owner undertaking the work shall upon completion provide the other owner with a written statement of the work performed and the other owner's proportionate share of the costs of same. 4. Operational Costs. Each owner shall install at such owner's own expense a meter on such owner's individual service line to measure water use. The monthly cost of power to operate the Well shall be divided between the owners of Parcels A and B in proportion to the amount of water each owner used during the preceding month. 5. Payment of Common Expenses. The owner of Parcel A shall be responsible for collection of common expenses. Each owner shall pay such owner's proportionate share of common expenses within 30 days from the date a statement of expenses is presented for payment. In the event an owner fails to pay such owner's share within 30 days of presentment, interest on the unpaid amount shall accrue at twelve percent (12%) per annum, beginning 30 days after presentment. In the event an owner fails to pay any amounts due with interest thereon, within 60 days from the date of presentment for payment, the owner which has paid such costs and expenses shall be entitled to pursue any remedy available at law or in equity for a breach of this Declaration. 6. Use of Water. Each owner shall be entitled to use such owner's undivided one-half interest in the water right for any use authorized by the well permit. Irrigation use shall be limited to no more the 21,780 square feet of lawn and garden on each Parcel. Unless otherwise agreed by all owners, no owner shall use more than one-half of the water legally allocated to the well (i.e., 7.5 g.p.m.). In the event the water physically available from the well is less than the legally available amount, then each owner shall proportionately reduce the consumption of same to one-half of the amount actually available. This obligation to ratably reduce water consumption shall be specifically enforceable by any affected owner. 7. Waste. No owner shall waste water, and each owner shall exercise prudence and conservation in the use of water in order to allow for the efficient and beneficial use of the Well. 8. Fees. Each owner shall also bear such owner's own attorneys' fees incurred in the implementation of this Declaration. However, in the event litigation is necessary to enforce the rights of the owners hereto, as between themselves, the prevailing owner in such litigation shall be entitled to reasonable attorneys' fees and costs of suit actually incurred. 11,110UM IKIM W I!IJSOAK. ACK 2 • 111111111111111111i111111111111111111111111111111 311625 07/30/194:22P B1027 P978 447 8 of 8 R 0.00 D 0.00 N 0.00 GARFIELD CLERK 9. Binding Effect: Covenant to Run with Land. This Declaration shall inure to the benefit of and be binding upon the respective owners, their heirs, devisees, executors, administrators, assignees, transferees, and successors in interest. This Declaration shall run with the lands upon which the Well is used. IN WITNESS WHEREOF the Declarant has executed this Declaration on the day and year first written above. a Barton F. Porter STATE OF COLORADO ) COUNTY OF GARFIELD ) ss. („6;,,,(_„: /4 Oa_ William A. Porter The foregoing instrument was acknowledged before me this 1997, by Barton F. Porter and William A. Porter. WITNESS my hand and official seal. My Commission expires: 6? -/7-c? I I:UR$ IY}K flK1WI+J.1SIIAICA.K 3 ir oia Public N ry day of Ferry,