HomeMy WebLinkAbout3.0 Resolution 97-14STATE OF COLORADO
County of Garfield
)
)ss
)
At a regular meeting of the Board of County Commissioners for Garfield County,
Colorado, held inthe CommissionersMeetingRoom, Garfield County Courthouse, in Glenwood Springs on
Tuesdav _, the 18th oi March A.D. 19 97 , there were present:
Marian I. Smith ' Commissioner Chairman
John Martin , Commissioner
CommissionerLarry McCown , uorrurussroncr
T)on DeFord , CountY AttorneYDon DeFord ,---Tiai"a ettootr ' Clerk of the Board
Chuck Deschenes ' County Administrator
when the following proceedings, among others were had and done, to-wit:
RESOLUTION NO. 97.L4
A RESOLUTION CONCERNED WITH GRA}ITING A}{ E)GMPTION FROM THE GARFIELD
COI.INTY SUBDIVISION REGULATIONS FOR DAVID PERCAK.
WHEREAS, David percak petitioned the Board of County Commissioners of Garfield County,
Colorado, for an exemption from the definition ofthe terms "zubdMsion' and usubdMded land" under C'R'S'
lg73,3O-Zg-101 (10) (a)-(d), as amended, and the SubdMsion Regulations of Garfield County, Colorado,
adopted Apil23, rqga,'s..tion g:00 through 8:60 and for the division of a39.187 acretract as described
in Book 963,page945, asfiled in the Offices of the Clerk and Recorder of Garfield County, Colorado, into
two parcels of approximately 13.088, and26.699 acres eaclq more or less, which proposed divided tracts are
more practically described as follows:
Lot 1:
Lot2:
See Attached
See Attached
(in the State of Colorado and the County of Garfield); and
ililil illl llllll lllll llll llll llllllll lll lllll illl lil
505950 03/20/1997 09:23e BlOl2 P53E 447
1 of 9 R O.OO O O.OO N 0.00 GRRFIELD C0UllTY CLER
.4.
("
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 l, Article 2l,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 Healttr, 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-l0l (tO) (a)-(d), as amended;
NOW THEREFORE, BE fT RESOLVED that the division of the above described Lots "1" allrd"2"
from the above described 39.787 acre tract is hereby exempted from such definitions and said tract may be
divided into said Lots " I " and "2" and may be conveyed in the form of such Lots u I " and u2' 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.
ilarrch . A.D.19 97
GARFIELD COUNTY BOARD OF
COMMIS SIONERS, GARFIELD COUNTY,
COLORADO
f the Board Chairman
Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote:
EOUMISSIOIIER EHAIRIITAII UARTAII T. S}IITH
COUMISSIONER JOEN F. MARTIN
Aye
Aye
COIIUISSIONER LARRY L. IICCOIVN
-,
Aye
I ffiil lllll llllll lllll llll lIll ililil lil lllll llll llll
505950 03/20/1997 O9z23A Bl0t2 P639 447
2 of 9 R O.O0 D O.OO N 0.00 GRRFIELD C0UNTY CLER
Clerk of the Board
STATE OF COLORADO
County of Garfield
County Clerk and ex-officio Clerk of the Board of County
Commissionerg 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. l9
County Clerk and ex-officio Clerk of the Board of County Commissioners
)
)ss
)
l_l_ltl lu llLr illll rll! ilil ilLlllt ilt lilt ilil ffit
117
COUNTY
s0s950 03/20/ t9s7 09t23A Et6I{ rels-3 of 9 R O.OO D O.OO N O.OO GRRFIELD
PROPTRTY DESCR I PT I ON
LOT 1
A PARCEL 0F LAND STTUATED tN THE NW1/4NE1/4 Or SECTION 25,
TOWNSHIP 5 SOUTH, RANGE 92 WEST OT THE SIXTH PRINCIPAL MERIDIAN,
COUNTY OF GARFIELD, STATE OF COLORADO; SAID PARCEL BEING MORE
PART I CULARLY DESCR I BED AS FOLLOWS:
COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 25, A BLM
ALUMINUM CAP IN PLACE, THE TRUE POINT OF BEGINNING; THENCE
S 89'13,35,'E ALONG THE NORTHERLY LINE OF SAID SECTION 25 A
DISTANCE OF 783.47 FEET TO A POINT ON THE WESTERLY RIGHT_OF-WAY
OF COUNTY ROAD NO. 237; THENCE LEAVING SAID NORTHERLY LINE THE
FOLLOWTNG SrX (6) COURSES ALONG SArD WESTERLY RrGHT-OF-WAY:
1 . ALONG THE ARC OF A CURVE TO THE LEFT HAV I NG A RAD I US OF
1 643. 66 FIET AND A CENTRAL ANGLE OF 07'28,30,, , A
D t STANCE OF 21 4.43 FEET (CHORD BTARS S 1 8'1 4'1 5" W
214.28 FEET)
2. S 1 4'30'00" W 197 .48 FEET3. ALONG THE ARC OF A CURVE TO THE R I GHT
OF 368.23 FEET AND A CENTRAL ANGLE OF
DTSTANCI OF 168.42 FEET (CHORD BEARS
1 66.96 FEtT)4. S 40'42'23" W 256.98 FEET
5. ALONG THE ARC OF A CURVE TO THE LEFT
11222,95 FEET AND A CENTRAL ANGLE OF
DTSTANCE OF 439.72 FEET (ClOnO BEARS
439 . 69 FEET )6. S 38'27,41,, W 181 .12 FEET TO A POINT ON THE WESTERLY
HAVING A RADIUS
26'12'22" , A
s 27'36'11" W
HAVING A RADIUS OF
02'14'42" , As 39'35'02" W
L r NE 0r THE NW1 /4NE1 /4
WESTERLY R I GHT-OF_WAY
NUtl/4N81/4 A DTSTANCE
BEGINNING; SAID PARCEL
lllill llll
50s950 03/20/1997 O9z23A ElOl2 P641 447
OF SECTION 25; THENCE LEAVING SAID
N 01 '21 , 24,, W ALONG THE WESTERLY L INE
OF 1229.09 FEET TO THE TRUE POINT OF
CONTA I N I NG i 3.088 ACRES, MORE OR LESS.
ilflililllll llll llllll]lll lllll llllll
4 of 9 R O.OO D O.OO t'l 0.00 GRRFIELD C0UNTY CLER
PROPERTY DESCR I PT I ON
LOT 2
A PARCEL OF LAND S I TUATED I N THt NW1 /4N81 /4TOWNSHIP 5 SOUTH, RANGE-SZ WrSr Or THE SIXTHcouNTy 0F GARF r ELD, sreri-or cor_onaool ie ropARr rcuLARLy DESCR iee o ei iorr_ows: .
COMMENCING AI THE NORTHEAST SIXTTENTH CORNER OF SAID STCTION 25,A BLM ALUM INUM cAP lN PLACE , THE-inui po rr.rr oF giC iNN r Nc; THENCEN 89'51',49" w ALONG THE SOUrgrn[v Lir.rr'or sArD SECTT,N 25 AD I STANCE OF 1JB2 . 02' TO A pO I NT ONr-rHf EASTERLY R I GHI_OF_WAy OFcouNTY ROAD Nor 237; THENCE LEAVTNc saro sourHERLy LrNE THEFOLLOWING SIX (6) COUNSCS ALONG SAID-EASTENIY RIGHI-OF_WAY:1. N 39.27'41" E 242.g3 FEET2. ALONG THE ARC OF A CUNVi TO THt R I GHT HAV I NG A RAD I USOF 1 1662.95 FEET AND A CENTRAL ANGLE Or 02'14'42",A D r STANCE OF 437 .37 FEEr (cnono-gEnni-N 39 .J5 '02 "t 437.34 FEET)3. N 40- 42'23" E 256. gg FEET4' ALONG THE ARC oF a cunvi ro THt LEFT HAVTNG A RADrus oF428.23 FETT AND A C.ENTRAL ANGLT OF 26'12'22", AD I STANCE OF I 95.87 FEIT ICUONO BEARS N 27'36' 1 1 " E194.16 FEET)5. N 14.J0'OO"'E 197.4g FEET. 6. ALONG THE ARC OF A CURVE TO THE R I GHT HAV I NG A RAD I USOF 1 583.66 FEET AND A CENTRAL ANGLE OF O8'1 9'1 0", ADISTANCE OF 229.95 FIEI lCrrONO BEARS N 18'39'J5" E229.7s rEET)
TO A POINT ON rHE WESfERLY LINE OF THE Nryl/1ryE 1/4 AF SECTION 25;THTNCE LEAVING THE SAID NrCrir-Or_WAV i 89'1J'J5" E ALONG IHENORTHERLY LINE.NWI 14NEI/+ I, DISTANCE OT-SSS.gO FEET TO THE EASTsrxIEENTH conNen or sarb sECTroN z5-ar.ro sECTroN 24, A BLMALUMINUM CAP IN PLACE; THENCE S OO;+I 'SO'' E ALONG THE EASTERLYLINE OF SAID NVII/4N81/4 A_DISTANCE OF iiSA,Ag FEET TO IHE TRUEruly oF src tNN t t'tc; sA lD pence r- coNia rN rr.rc 26 .6ss acnEs, M9RE oR
OF SECTION 25,
PRINCIPAL MERIDIAN,
PARCEL BE I NG MORE
tHu ilL'Jl! !!lll tt!! tt['! Jlll lL[!![! I [ ! !;-;a-s i-o.ss D o.oo N o.0o GRRFIELD couNTY cLER
WEI,L SIIARING AGREEMENT
Fgbruaryrllls AGREEIIENT, made and entered !rj: tr,ir_ 4i_ aay_or/ffi,'1,67,by andbetween David Percnk ("Lot I owuer"), ancl David percek@otz'w{r,Ji{i.
WITNESSETII:
WHEREAS, theLot I Orrner owtrs certain properry located in Grfietd County, Coioredo,
described on the attached Exhibit..A" (.,Lor 1,,); and
WHEREAS. thc Lot 2 Orvner owns certain propefiy loceted i! Garfield County, Color:ado,
described on the attached Exhibit.,B, (,,Lot 2,); and
WHEREAS, there is an existing well tocated on "Lot 2n ("rhe Well") which is generally
depicted on the atached map (Exhibit;c";. The well is scheduted to proviCe a domestic watsr
supply to Lots 1 and 2; and
WIIEREAS, a permit has been obtained for the existing well from the Colorarjo Division of
Water Rcsources as Pennit [Jo, 194276 and a well completion r.por theretbr has been filed witl the
Stare Engineerrs Office; anC
WHEREAS, the Lot Owners desirc to set fonh in rvriting the conveyance of rights to andtheir sgreement ccxcerning the ownership of the Well and retited improrrements, the use and
maintermnce of the Welt, and the rights and o-'uliguions ofthe par.des concerning the Well and the useof waler therefrom.
Now, TI{EREFOF.E, for ancl in consideration of the mutual promises contained hereia thepar'ties agree as follows;
I ' 'lhe Lot I Owner and thc Lot? Owoer shall cach own ari undividcd 50% interest in
said Well, related irnprovements and watcr right associated therewith; and the Lot 2 Owner herebyquficlaims to Lot I Owner an undivided 50?/o intcrest in said wel! relatat improvernents and water
rights associated ilrerewith, The intent of rhc foregoing convey:utc€ to be thai the two Lot Owners.
shall each have an equal right to r.rc an equai r*orot ofttre water produced Aom the Well to prcrvide
a domesdc water supply for one single firmily residence and associated accessory caretakerunit on
each of their respective Lots to the eurtent permiiled by law,
2. Thereafrer, either Lot Owner shalt have the right to undertake, without the consentof the other party,.all repairs and irnprovements reasonabl! rcquired to a6viate an emergency
whereby rvater sr-rpplies are threatened or crmailed by emogeny reEsons or factors. Non-erneriency
repairs, replaccments, irnprovements arrd activitier ir,ott be made by mutual agreement. In the en,€nt
the perties cannot mutually decide upon what in:provernent, operatiorL mainlenance or roplacennent
activities are necessary and ptoper, either parry may provide notice in writing of a tist ofrepairs,
utul'Jtilltul'Lttl[l'!,ullllu'lll ilr l''r
6 0f 9 R O.OO O O.oo N o.oo cnnrielo couilTy CLER
improvernents or replacements, together with a budget thercforc. Unless the other party objects in
writing within fburteen (14) days of rcceipt of said Notice. consent to such shall be deemed
conclusively given. In the event Objectiorr is timely madg the panies Lgree to mutually select one
qualified professional engincer or wsll drillerto makc recommcndations and a budget and to bc bound
by such recommetrdations and budget
3. Eaoh Lot Ov/n€r connectcd to the \Vell agrees that the combined outside usage of
watcr produccd &om the Welt shall bo limited to the inigatioa of not more than 43,550 square feet
of lawns urd gardens (21,780 q. ft. each to Lot I and Lot 2) sr,rpplicd by the Well (with each parry
sharing in srch propo*ionatety *bject [o the reasonable in-house requirements of each lot, together
with car washing and other iucideutal uses),
4. ln thc went nny party o<puiences water pres$Ire or quantity problems, that party may
give notice to the other parties oftheir intent and desirp to increase well pump capacitias and/or to
construct up to 5000 gellons of undergrourrd waler storage within the easements described in
Paragraptu 5 and 7, bdon'. Such additional storage is separile frorn, and shall be in addition to, th€
1,000 gallon storage tank required for eachlot, either as individuat tanks or a central storage turk.
The soragg pump urd related improvemeuts shall be designcd to provide equal benefits to each lot
in terms of water pressure and quantity. All costs and enpenses associated with the engineering
design and construcion of such water storage and related improveurents shall be borne equally by
the panies connectcd to the Well.
5. In the evenr rhsr thc existing Well, for whatever reason, is required to be redrilled at
a Iocation other than within the Well Easement dcscribcd in Paragraph 7, below, the partics agrcc to
seleut a replacernent Well site on the basis of rhe best information available to them fur the locating
of an adequatc well water source. In the cvcnt thesc partics relocato tho well outsidc of the well
eascment described in Paragraph 7, below, each party agrces to grant appropriatc reciprocal
easements for the nsw well sito and transmission lines and to vacate thc old easement dcscribed herein
to the extent no longer ncccssary for the withdi'awal and transrrission of water. All common costs
of drilling the well and pump instattations and equipment costs of the relocated well shall be borne
equally by the parties. The costs of connection and runrring of ncw transmission lincs from the
relocated well site to the individual residences shall be borne by the respcctive individual parties,
6, The parties agrec to pay the comrnoa costs of mainte'nance, operation, and
improvement of the well, elcctrical facilides, pump lrouse and all other appurtenant facilities; eactr
pany shell pay all expenscs and coss in accordance with their respective .50% ownershiP interest.
All costs and orpcnscs incurred by one party shall be reimbursed to ths paying party within teo (10)
days of prescntmcnt of a written sratement of srch charges. tn the event any party thils uo timcly pay
such costs, the non-defaulting party may pay the obligation of the defaulting party, and the party itt
default shall rhen owe the non-dcfaulting party the amount ofthe obligation, together with interest
on seid amount at the rate of eiglrteen percent (l8o/o) per annum: provided further that in addition to
any other remedies provided by law for the collection of ruclr costs, the non-defrulting party shall
have the right to seoure and reoeive paymeut of any sums so advanocd. with intercst, by a licn on a
defaulting party's parcel an( in the event of foreclosure of the lierU or aoy other collection
-2-
illlilt ililt llilll ill[ ilL illl ilt]ilt ilt lilt ffit []505950 03/20/1997 O9z23A Bl0tz PG44 4477 of 9 R O.OO D O.OO N O.OO GRRFTELD COUNTY CLER
procccding, thc right to reasonable attorney fees and costs.
7. The Lot 2 Owner hereby separately conveys and grants to Lot I Ovner (i) a non-
cxclusive circular easement with a radius of ftftean fect (15') around thc Wdl for thc purposc of
providing access to, rcplacement of, urd operetiorq maintenauce, and improvcmcut of, thc Wcll, and
(ii) an easemcnt aoross and rmdcr thc 25' Wdl Strt/ice Line Easement on Lot 2 shown on El&ibit 'C"
for tho installation urd mainrenanco of an underground watcr scrvicc linc from said wcll to thc
borndaryline oflot t. Irr the event Lot lOwner carnot locate its scrvic€ line from the Well within
the said 25'Wcll Scryioc Line Easerncot to its property and notifios Lot} Owuer hwtithg therco(
Lot 2 Owner agrees to make best efforts to convey to Lot 1 Owner additionat easement area to
provide a reasonable and adquate route for the well servioe line, Said easement shall be for the same
purposes as tho circukr iasemcnt describcd abova Upon completion ofthe taying of tlte service ling
LotI Owner shall, ar its solc cost and Expense, restore the vegetation and landscape to its original
condition.
8. Exoept as providcd in Paragraph 5 abovg each party shall be sololy respoasiblc for
all operatioq rnainrenauce and capital costs associated with the dclircry of water from the Wetl to
their respecrive Lots.
9. In the ervent either party desires'to clarify and confirm the legal description of the
eascment(s) conveyed in Paragraph 7 hercin and reducc said oonveyance and legal dcsoripion to
writing, said party may, at lris sole option, have a legal description of seid casement prepared by a
registered surveyor and convey the easemeff to the grantee by appropriatc instnrmcnt, which
conveyance shall be deemed to supersede and satis$ the provisions herein of the said party g[Enting
an casement; provided, however, that the parry granting an easement shall provide the grantce by
appropriate instrum€rr! which conveyance shall be deerned to zupcrscde aod sati$y the provisions
herein ofthe mid party grarftng an eas€m€ff; provided, bowever, that the party grantiqg an easemsnt
shall provide the grantee with & copy of thc survsy upon which thc conveyance is based,
10. Notices. All notices requircd or perrnittcd hersunder shall be in writing and shall be
deerned girren and receirred when (a) personally delivered, or (b) 48 hours after the samc is deposited
in the United States mail, addressed to the other perties at their address appearing on ihe signature
p4ge hereof or at such other address as shall be designated ry such other parties by writtcn notice to
atl thc others,
I t. Binding Effeot. The rights and obligations of cach pany set fonh hercin shal be
appurtenant to their respective Lots, shall not bc transferred scparilc and apan from said Lot, and
shall be deemed covenants running with thc land for the benefit and burden ofl-otsl and2.
12. Entire Agrcement. This Agreement contains the endre agreement of the parties
concerning the zubje* matter herein and supersedes atl prior agreements, if any.
13. Counterparts. This Agreement may be ocecuted in multiple parts as originals or by
&csindle copy; provided however, if exccuted and evidenoe ofexoorttion is mado by facsimile copf,
thpn an origiml shsll be provided to the otlrer panyfies) upon request. When all of the partics to this
Contract have signed at least one copy, such copics togcther will oonstitute a fully oracuted and
ililil iltil llllll illll llll mililil|il lltll ill lll r-
505950 O3/2ott997 09:23e 8l0l2 P645 447
8 of 9 R O.OO D O.OO N 0.00 GRRFIELD C0UNTY CLER
binding Gontract.
IN WITNESS WI{EREOF, the parties hereto have executed this Agreement on thc date first
written above.
STATE OT COLORADO
C-AZFI€ID
COUNTY OFEffiF
Subscribed and sworn to before *" rti, J3 aoy rrF/fufrfrnrVr,by David percak as the Lot r
0wner and the LotZ Owner,.
WITNESS my hand and offisial seal.
)
) ss,
)
LOT l OWNER
o2-//3/ t
My commission expire t, 3- l'?7
plttrhrwd.lg,
flllil lilt l]til il]t il[ ilil ililI] ilt ililt [il lllt '4-
50s9s0 O3/2ot1997 O9;23A Bl0tz PE{B a4t9 of 9 R O.OO D O.Oo N o.OO GRRFTELD couilTy CLER
? {?/",v,2
Notary Public V
llAR I 7 l99tr
StLT UATER CSIISEBVA}ICY T'ISTRIC.T
ISOSTTH FOBOTgIH.gtLT" GOLCIRAI!0 8t653
January 33, IggT
Eric tleCaf{erty
Land Use Planner
Euilding and Plenning &epartrent
t0g 8th Street, Strite SOS
Glxnrund Springs, CO AtEOt
RE: D;a.rre Perr:ak
Reguest. ts Cross lrrigat.ion Sii.shers
flerar Eris c
ller ri I I approver the rerquersi. t.s cvsss t.hct Farter's
lrrigat.ion I ineer Hs request.ed, vit.h i.he fol loring
raqui rerrernt.s c
Hesponsible for proper inst.al lat.isn" raini.ernance
' and slganing any dgtrris obst.ruct.ing t.hs f low ofrater. Ther bridges ur pipes ri I I bet inst.al leed
accortling t.rt ther tlist.rist.'s speci f icst.ions,
Att fereis vill ber paid in full and an Agreerretnt.
s i gnerd. '
lf you have any querst.ions pleas* sall rcr at. S7S US$3,
Elsa PyIers
fl i r erst.sr- Secrert.ary
SUCD
ep/s t