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HomeMy WebLinkAbout6.0 Resolution 96-28494006 B-980 P-552 06/05/96 10:42A PG 1 OF 6 REC DOC NOT MILDRED ALSDORF GARFIELD COUNTY CLERK AND RECORDER STATE OF COLORADO ) )ss County of Garfield ) 0.00 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 13thday of May A.D. 19 96 , there were present: Marian I. Smith , Commissioner Chairman Arnold L. Mackley , Commissioner Elmer (Buckey) Arbaney , 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. 96-28 A RESOLUTION CONCERNED WITH THE APPROVAL OF AN EXEMPTION FROM THE DEFINITION OF SUBDIVISION APPLICATION FOR F. PETER SIMMONS. WHEREAS, the Board of County Commissioners of Garfield County, Colorado, has received application from F. Peter Simmons for allowing an exemption from the definition of subdivision on the following described tract of land: See Exhibit A; (in the State of Colorado and the County of Garfield); and WHEREAS, the Board held a public hearing on the 15th day of April, 1996, upon the question of whether the above-described exemption from subdivision should be granted or denied, at which hearing the public and interested persons were given the opportunity to express their opinions regarding the issuance of said exemption; and WHEREAS, the Board on the basis of substantial competent evidence produced at the aforementioned hearing, has made the following determination of fact: 1. That proper publication and public notice was provided as required by law for the hearing before the Board of County Commissioners. 2. That the hearing before the Board of County Commissioners was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at that hearing. For the above stated and other reasons, the proposed use is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that the exemption from the definition of subdivision be and hereby is authorized based upon the following specific conditions: 494006 B-980 P-553 06/03/96 10:42A PG 2 OF 6 1. That all representations of the applicant, either within the application or stated at the meeting before the Board of County Commissioners, shall be considered conditions of approval. 2. A Final Exemption Plat shall be submitted, indicating the legal description of the property, dimension and area of the proposed lots, access to a public right-of-way, and any proposed easements for setbacks, drainage, irrigation, access or utilities. 3. That the applicant shall have 120 days to present a plat to the Commissioners for signature, from the date of approval of the exemption. 4. That the applicant shall submit $200.00, per lot, in School Impact Fees ($400.00 total) for the creation of all exemption parcels. 5. That, if the lots are to have individual wells, the applicant receive an approved well permit from the State Engineer's Office, for each lot to be created, prior to the signing of an exemption plat or, if the water supply is to be shared, then the applicant shall receive an approved, domestic well permit from the State Engineer's Office and shall draft a legal water sharing agreement, prior to the signing of an exemption plat. Additionally, if the shared well is used, the exemption plat shall legally describe a 20 foot radial access/repair/maintenance easement around the wellhead and a 10 foot easement along the centerline of the water well supply line. 6. That, if the water supply is to be shared, the applicant shall demonstrate that an adequate supply in both quantity and quality exists for the lots to be created. Additionally, excavation permits from County Road and Bridge, shall be necessary if the water supply line for the shared well system will necessitate the disturbance of a County Road. 7. That the following plat notes be included: "Soil conditions on the site may require engineered septic systems and building foundations. Site specific percolation tests at the time of building permit submittal shall determine specific ISDS needs on the site." "Utilities and water supply to Parcel 3 be placed a minimum of three (3) feet below the Williams Canal or culvert." "The minimum defensible space distance shall be 30 feet on level terrain, plus appropriate modification to recognize the increased rate of fire spread at sloped sites. The methodology described in "Determining Safety Zone Dimensions, Wildfire Safety Guidelines for Rural Homeowners," (Colorado State Forest Service) shall be used to determine defensible space requirements for the required defensible space within building envelopes in areas exceeding five (5) percent grade." 8. The control of noxious weeds shall be the responsibility of the landowner. 9. That the applicant shall adhere to the recommendations made by the Glenwood Springs Department of Emergency Services. 10. The applicant shall receive any necessary driveway permits from the County Road and Bridge Department, prior to signing of an exemption plat. 11. That the proposed access to Parcels 1 & 2 be moved southwest, to a point that said access is not within the recorded Williams Canal easement. (This should be shown on an exemption plat). 494006 B-980 P-554 06/04I06 10:42A PG 3 OF 6 • ' / Dated this / 3 day of Mf�'y , A.D. 19 91 ATTEST: / GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFIELD COUNTY, COLORADO Cler of the 1309.rd Chairman Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: Marian I. Smith Arnold L. Mackley Elmer (Buckey) Arbaney STATE OF COLORADO )ss County of Garfield , Aye , Aye , Aye h , 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 494006 B-980 P-555 06/96 10:42A PG 4 OF 6 DECLARATION OF WELL -SHARING AGREEMENT THIS DECLARATION OF WELL -SHARING AGREEMENT is made and entered this day of April 1996 by F. Peter Simmons and Dorothy M. Simmons (hereinafter collectively "Developer"), WITNESSETH: WHEREAS, Developer is the owner of certain real property in Garfield County, Colorado, described as a parcel of land situated in the SW'/4 of Section 24, Township 5 South, Range 90 West of the Sixth Principal Meridian; said Parcel being more particularly described as follows: Commencing at the West quarter corner of said Section 24, a BLM aluminum cap in place, the True Point of Beginning; thence N. 88°37'35" E. along the East- West centerline of said Section 24, 2,599.01 feet to the center quarter corner of said Section 24, a BLM aluminum cap in place; thence S. 02°14'35" E. along the North-South centerline of said Section 24, 748.89 feet to the Northwest corner of that property described in Reception No. 416366 of the Garfield County Clerk and Recorder's office; thence leaving said North-South centerline the following (5) five courses along the Northerly line of that property described in said Reception No. 416366: 1) S. 88°37'35" W. 862.92 feet; 2) W. 68°10'28" W. 853.79 feet; 3) S. 88°37'35" W. 500.00 feet; 4) S. 01°22'25" E. 385.00 feet; 5) S. 88°37'35" W. 476.71 feet to a point on the Westerly line of said Section 24; thence N. 00°22'00" W. along said Westerly line 797.59 feet to The True Point of Beginning (the "Property"); and WHEREAS, Developer has received the approval of Garfield County to create from the Property three lots to be known as Parcel Nos. 1, 2 and 3, as depicted on the Simmons Subdivision Exemption Plat recorded on , 1996, 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 No. 2, pursuant to Colorado Division of Water Resources Approval No. ; and WHEREAS, the Well will provide up to 15 gallons per minute of water to Parcel Nos. 1, 2 and 3 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, Developer hereby makes, declares, and establishes the following covenants, conditions, restrictions, and easements (the "Agreement") concerning the future ownership, maintenance, operation, repair, replacement, and use of the Well and appurtenant facilities, and related matters. From this day forward, the Property shall be held, sold and conveyed subject to this Agreement. 11. lits SL ISItI\5 u FI}SIIAA. DIE 494006 B-980 P-556 06%05/96 10:42A PG 5 OF 6 1. Ownership of Appurtenant Facilities. The owners of Parcel Nos. 1, 2 and 3 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. The owner of Parcel No. 2 shall be the sole owner of the pipeline necessary to deliver the water from the Well to the residence to be located on Parcel No. 2. The owners of Parcel Nos. 1 and 3 shall each own an undivided one-half interest in the pipeline which delivers water from the Well to the point on Parcel No. 2 at which the individual pipelines which deliver water to the residence on Parcel No. 1 and the residence on Parcel No. 3 diverge. The owner of Parcel No. 1 shall be the sole owner of the pipeline from the aforesaid point of divergence to the residence to be constructed on Parcel No. 1. The owner of Parcel No. 3 shall be the sole owner of the pipeline from the aforesaid point of divergence to the residence to be located on Parcel No. 3. 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, Developer 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 owners of Parcel Nos. 1, 2 and 3. Should any party desire a more specific legal description of the alignment of the pipeline and easement, such party may, at such party's sole cost and expense, survey the pipeline alignment, and the parties hereto 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 and associated facilities for the withdrawal of water from the Well shall be shared equally among the owners of Parcel Nos. 1, 2 and 3. The owners of Parcel Nos, 1, 2 and 3 shall be solely responsible for the costs of maintenance, operation, repair, and replacement of any facilities used solely by that party, including individual service lines. The parties agree to cooperate to enter into mutual agreements for the completion and payment of the costs of any maintenance, operation, repair, replacement, or improvement of common facilities. In the event the parties are unable to agree upon any required maintenance, repair, replacement, or improvement, any party 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 a party determines to undertake such work, such party shall notify the other parties in writing. The party undertaking the work shall upon completion provide the other parties with a written statement of the work performed and the other party's proportionate share of the costs. 4. Operational Costs. Each party shall install at such party's own expense a meter on such party's individual service line to measure water use. The monthly cost of power to operate the Well shall be divided among the owners of Parcel Nos 1, 2 and 3 in proportion to the amount of water each owner used during the preceding month. 5. Payment of Common Expenses. The owner of Parcel No. 2 shall be responsible for collection each parties' share of common expenses. Each party shall pay such party's proportionate share of common expenses within 30 days from the time a statement of expenses is presented for payment. In the event a party fails to pay such party's share within 60 days of presentment, interest on the unpaid amount shall accrue at 12 percent per annum, beginning 60 days after presentment. In the event a party fails to pay any amounts due with interest thereon, 11:URS.IMMONS\ W 11151IAR. DFL 2 494006 B-980 P-557 06/056 10:42A PG 6 OF 6 1 within six (6) months from the date of presentment for payment, the party 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 Agreement. 6. Use of Water. Each party shall be entitled to use such party'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. 7. Waste. No party shall waste water, and each party shall exercise prudence and conservation in the use of water in order to allow for the efficient and beneficial use of the Well. Unless otherwise agreed to among the owners of Parcel Nos. 1, 2 and 3, no party shall use more than one-third of the water physically available at the Well. 8. Fees. Each party shall also bear such party's own attorneys' fees incurred in the implementation of this Agreement. However, in the event litigation is necessary to enforce the rights of the parties hereto, as between themselves, the prevailing party 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 Agreement shall inure to the benefit of and be binding upon the parties, their heirs, devisees, executors, administrators, assignees, transferees, and successors in interest. Upon execution by the parties, this Agreement shall be recorded in the records of the Garfield County Clerk and Recorder's Office, and shall run with the lands upon which the Well is used. 10. Complete Agreement. This document embodies the entire and complete agreement of the parties on the subject matter herein. No promise or undertaking has been made by any party, and no understanding exists with respect to the transaction contemplated, except as expressly set forth herein. All prior and contemporaneous negotiations and understandings between the parties are integrated and merged into this Agreement. 11. Amendment. This Agreement may be amended from time to time by the owners of Parcel Nos. 1, 2 and 3 in written form and executed in the same manner as this Agreement. IN WITNESS WHEREOF the parties have executed this Agreement on the day and year first written above. 1 ' F. Peter Simmons STATE OF COLORADO ) COUNTY OF GARFIELD ) ss. Dorothy M. Simmons Acknowledged, subscribed, and sworn to before me this 6±I-' day of ,z 1996, by F. Peter Simmons and Dorothy M. Simmons. WITNESS my hand and offici 1 seal. My Commission expires: 74/ / q c7 (-L kiL Notary Public II:IRS \SIMMONS\ W F11S!D\R.DEC 3