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HomeMy WebLinkAbout4.0 Resolution 97-68• iI Il lElil [IIIE� IiI IIF I[ 511626 07/30/1997 04:25P 131027 P979 447 1 of 9 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 John Martin Larry McCown Don DeFord Mildred Alsdorf Chuck Deschenes Commissioner Chairman Commissioner Commissioner County Attorney Clerk of the Board County Administrator when the following proceedings, among others were had and done, to -wit: RESOLUTION NO, 97-68 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 79 acre tract, as described in Book 929, Page 353, filed in the Offices of the Clerk and Recorder of Garfield County, Colorado, into three parcels of approximately 2.501, 2.501 and 2.501 acres each, and a remainder tract, which proposed divided parcels are more practically described as follows: Parcel A: Parcel B: Parcel C: See Attached See Attached See Attached (in the State of Colorado and the County of Garfield); and 1 IHJII 11111 111111 1111 111111 11111 1111 1111 511626 07/30/1997 0 . 5P B1027 P980 447 2 of 9 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 of Part 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" "B" and "C" from the above described 340 acre tract is hereby exempted from such definitions and said tract may be divided into said Parcels "A" "B" and "C" and may be conveyed in the form of such Parcels "A" "B" and "C" all as are 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 , A.D. 19 97 . ATTEST: GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFIELD COUNTY, COLORADO Clerk of the Board Chairman Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: COMMISSIONER CHAIRMAN MARIAN I. SMITH rnMMT.4STC)NRR JOHN F MARTIN COMMTSSTONFR TARRY L. MCCOWN AYE AYE AYE • iIIuiniiIIMIi- miinumnuunmuiiuu 511626 STATE OF COLORADO )ss County of Garfield 3 of 9 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 • iiIIIIguiuuuuuuuiiiininiim s�a „„„ o eP982 447 4 of 9 R 0.00 D 0.00 N 0.00 GARFIELD CLERK PROPERTY DESCRIPTION PARCE_ .A AARCEL OF LAND S I -'Ur.TE'D N THE NW1 /LSE' / . OF SECTION 1 TCWNSH 1 SOUTH,GRANGE 90 WEST, CF THE SIXTH RRINCIPA.L `SER 0LAN, COUNTY OF vrRF I_ . STATE TE OFCOLORADO: SAID RARCEL CF LAND EE NG MORE PARTICULARLY '0ESCR : EED AS FOLLOWS: COMMENCING AT THE CENTER CUARTE,R CORNER OF SAID SECTION 13, ALUMINUM CAP, L.S. NO. 19598, N PLACE -;E TRUE O I N T OF BEGINNING; THENCE S 39'03'03" 5 ALONG THE =AST -WEST .,ENT_, _;NE OF SAID SECTION 18 382.09 T=ET, THENCE LEAVING SAID E:`ST-'VEST CENTER _INE S 00 03 1' N 285.16 rEET; THENCE N 39'03 08' W 382.09 T_ET TO A =0 NT ON THE NORTH -SOUTH ..ENTER LINE OF SAID SECTION .8 THENCE N 00'08''1' E ALONG SAID NORTH -SOUTH CENTER "288.16 FEET 70 -E TRUE POINT OF BEGINNING; SAID PARCEL CF LAND CONTAINING 2.501 ACRES, MORE CR '_'ESS. TOGETHER WITH A. 50.00 ;OOT ACCESS AND JT I L " EASEMENT AND ;5.00 FOOT WATERLINE EASEMENT. IF 411 1 Hill 011 11E1 1111 111 511626 07/30/1997 04:25P 81027 P983 4I'I'lll I�'I 5 of 9 R 0.00 D 0.00 N 0.00 GARFIELD CLERK DESCRIPT ON ?RCE_ A PARCEL OF LAND SITUATED =D ! N - HE NW ? /4SE /4 OF SED- N CWF H.SCUTH RANGE 90 WEST, OF r`E SI;TH PRINCIPAL ER ,.0L 9FR_D STaT_ r CCLCRADC: SAID PARCEL _ NC SE.NG \dCFEPARTICULARLY DESCRIBED S CL_�VS: COMMENCING AT_R _ THE ..EN � - 4UARTE.R CCRN�R �.L'�itil NU'ii CAP, 1 S . ^!VC . � 9598 � ai ,SCE JF SA;D Sc., . CN i .? EAST -WEST CENTER !\C OF ! THENCE .S 'O8"=~.�LCNG _ LINE SAID SECTION 18 THE E'O I NN I NG ; 'HENCE 88:3'03'08" _ C CB �� =_ ��� THE -RUE : n OF SAID SECT' _ ALONG .:HE=-5--W'EST CENTER ON i 8 .82.99 THENCE LE. N NE _ E 28G C FAST -NEST �V_ VCE S j0. 8 ,V _ S . ' 3 THENCE N 89.33-08" NE3�T 0CS__Cc ER 00'JS ,? 288, 6 - TO THE TRUE_ E250 . Cr LAND CONTAINING 2 . C ACRE: \ REo OF BEGINNING; SAID dC AND .00E HE / J H A 50.00 - C07 W 95- ' _. . -.NC TOGETHER N. -H A - - w,:'.7.7_7:L :S -. tEN '.J L • 111111 11111 111111 IIII1111111111111 1111111111111 511626 07/30/1997 04:25P B1027 P984 447 6 of 9 R 0.00 D 0.00 N 0.00 GARFIELD CLERK PROPER-" DESCRIPTION PARCEL C PARCEL OF -AND SITU_- ED IN THE NW1 /4SE1 / 4 OF S=^ -ICN 18, TOWNSHIP SOUTH, RANGE 30 WEST, OF SIXTH HE PR'NCIPAL MERIDIAN, COLN_v OF OARFI__D, STATE OF COLORADO: SA,D PARCEL OF _A�ZD BEING MORE PARTICULARLY DESCRIBED ASFOLLOWS: COMMENCING AT THE _ENTER OUR_ER CORNER ORNER OF S A I C SECTION EC_ION 1 8 _ A ALUMINUM OAP, -.. NO. 1yJ9„V PLACE; THENCE S 39'02'08" ALONG G EAST -WEST NEOSECTION 13 764.18 ___' TO THE -RLE PC -N E_ OFBEGINNING; THENCE 89'03 08= ALONG THE EAST -WEST CENT- ' R DF SAID SECTION 18_R7.U'-L__�A POINT ON THE WESTERLY RIGHT-O-vA NE OF COUNT" ROAD NO. 314; THENCE LEANING SAID _U-NES-CEN-E-'LI NE ALONG THE WESTERLY RUGHT-OF-VAY LINE OF SAID COUNTY RCAC - 14 ALONGTHE ARC OF A CURVE 70 THE LEFT, HA2 VIN G A RADIUS OF 74368 ___- A CENTRAL ANGLE OF �•13 �AND A Di CE FEET 7 (CHORD , FEARS 31'45' 14" _ai-- TFET);-HENCE CONTINUING ALONG SAID WESTERLY RICHT-OF-WAY LINE 37'25'02" -_ 205.10 _'_ THENCE LEAVING EAV'`v S�N ERLY RICHT-OF-WAY '_UNE N 39'03'08_ W 490.22 �-EET THENCE N 8' 1 _ THE TRUE POINT OFBEGINNING; SAID PARC= L OF��ND CONTAINING 2.501ACRES, MORE OR LESS. CF _ v O F JC T WIDE ACCESS AND ..,c- ,;LCT 70 aNC��G��Gc HER - �.� 50.00 CC N?.-- RL NE =,ASE�ME��iT 5 IEN AND E N' - .00 111111111111111111 IIIIIII 1111 111111 11111111 1 111111 511626 07/30/199 25P 81027 P985 447 7 of 9 R 0.00 D 0.00 N 0.00 GARFIELD CLERK DECLARATION OF WELL -SHARING AGREEMENT THIS DECLARATION OF WELL -SHARING AGREEMENT is made and entered this / 2- 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 NW'/a SE 1% of Section 18, Township 6 South, Range 90 West of the 6th P.M.; and WHEREAS, Declarant has received the approval of Garfield County to create three (3) lots to be known as Parcels A, B and C, as depicted on the Porter No. 3 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 pursuant to Colorado Division of Water Resources Approval No. 193638, known as Porter Well No. 4; and WHEREAS, the Well may provide up to 15 gallons per minute of water to be shared by Parcels A, B and C 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, B and C shall each own an undivided one-third interest in and to the Well, pump, a common water storage tank of not less than 3,000 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, a majority of 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 A, B and C. 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. 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 \Jk.,, •, k„x,W .liS lAH AO. 1 •IIIIIIIIIIIIIIIII�'Illlllll04pllllllllllllllllllllllllll B1027 P986 447 511626 07/30/1 8 of 9 R 0.00 D 0.00 N 0.00 GARFIELD CLERK associated facilities for the withdrawal and use of water from the Well shall be shared equally among the owners of Parcels A, B and C. The owners of Parcels A, B and C 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 owners in writing. The owner undertaking the work shall upon completion provide the other owners with a written staternent 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 among the owners of Parcels A, B and C in proportion to the amount of water each owner used during the preceding month. 5. Payment of Common Expenses. The owner of Parcel No. A shall be responsible for collection each owners' share 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. En 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 he entitled to use such owner's undivided one-third interest in the water right for any use authorized by the well permit. Irrigation use shall be limited to no more the 14,520. square feet of lawn and garden on each Parcel. Unless otherwise agreed by all owners, no owner shall use more than one-third of the water legally allocated to the well (i.e., 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-third 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. 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, W.116 I uki,R,W H I_,n,,k.A@ 2 • 1111111111111111110111111H11111111111111111111111 511626 07/30/1997 04 25P B1027 P987 447 9 of 9 R 0.00 D 0.00 N 0.00 GARFIELD CLERK 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. 0/Art,- Barton F. Porter R6:,) - William A. Porter STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) The foregoing instrument was acknowledged before me this ,-3 day of /L- , 1997, by Barton F. Porter and William A. Porter. I '! )WIb WI ' NESS my hand and official seal. My Commission expires: 9- I IASunx.AGZ yY 3 /Nary Public 1