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HomeMy WebLinkAbout12. Boundary Adjustment AffidavitBOUNDARY LINE ADJUSTMENT AFFIDAVIT THE UNDERSIGNED Affiants being first duly sworn upon their oath, depose and state as follows: 1. The undersigned are the owners of the following described real properties located in the unincorporated area of Garfield County, Colorado: (a) William Andrew Niemeyer and Shirley Jackson Niemeyer (collectively "Niemeyer") are the owners of that certain property described in Deed recorded as Reception No. 770761 of the Garfield County, Colorado records known as Parcel 11, Faranhyll Ranch, having a common address of 5744 County Road 117, Glenwood Springs, Colorado 81601. Garfield County Assessor Parcel No. 2395- 152-00-140 (the "Niemeyer Property"). (b) Springridge Reserve Homeowners Association ("Springridge") is the owner of that certain real property described in Deed recorded as Reception No. 683800 of the Garfield County, Colorado records, known as Parcel A, Springridge Reserve PUD, Phase 1. Garfield County Assessor Parcel No. 2395-104-09-150 (the "Springridge Property"). 2. We are desirous of adjusting the boundary line between our properties and sign this Affidavit in accordance with the Garfield County Land Use and Development Code. 3. Niemeyer shall convey to Springridge that certain five (5) acre parcel described in Exhibit A attached hereto and incorporated herein by this reference, and Springridge shall convey to Niemeyer that certain five (5) acre parcel described in Exhibit B attached hereto and incorporated herein by this reference, as depicted on the Amendment to Parcel 11, Faranhyll Ranch recorded contemporaneously herewith as Reception No. of the Garfield County, Colorado records. 4. We hereby represent that no new lots will be created and that therefore, Garfield County will not be required to issue any building permits, other than those it would be required to issue for the already existing parcels. 5. We hereby represent that the Niemeyer Property is not part of a previously platted subdivision of record. 6. We hereby represent that the Springridge Property is part of the Springridge Reserve PUD and that the Amended Plat of Parcel A, Springridge Reserve PUD, Phase 1, removing the property described in Exhibit A and incorporating the property described in Exhibit B, is being recorded contemporaneously herewith as Reception No. of the Garfield County, Colorado records. 7. We hereby represent that upon completion of this boundary line adjustment the Niemeyer Property shall not be less than thirty-five (35) acres. 8. We hereby represent that the boundary line adjustment made reference to herein will not cause the loss of access by road or to public utilities, to any parcel of property involved. 9. We hereby represent that the boundary line adjustment made reference to herein will not result in any of the parcels involved being less than the minimum lot size allowed in the applicable Zone District or create any non -conforming setbacks for any existing structures. 10. We hereby represent that a copy of this Affidavit will be recorded with the Garfield County Clerk and Recorder. FURTHER AFFIANTS SAYETH NOT. Done this day of May, 2017. William Andrew Niemeyer Shirley Jackson Niemeyer SPRINGRIDGE RESERVE HOMEOWNERS ASSOCIATION By: John Currier, President STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) The foregoing instrument was subscribed and sworn to before me this day of May, 2017, by William Andrew Niemeyer and Shirley Jackson Niemeyer. Witness my hand and official seal. Notary Public STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) The foregoing instrument was subscribed and sworn to before me this day of May, 2017, by John Currier, as President of Springridge Reserve Homeowners Association. Witness my hand and official seal. Notary Public Exhibit A A PARCEL OF LAND SITUATED IN SECTION 15, TOWNSHIP 7 SOUTH, RANGE 89 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTH 1/4 CORNER OF SAID SECTION 15; THENCE S 00°37'33" E A DISTANCE OF 459.54 FEET; THENCE S 89°48'29" W PARALLEL WITH THE NORTHERLY LINE SAID SECTION 15, A DISTANCE OF 474.00 FEET; THENCE N 00°37'33" W, A DISTANCE OF 459.54 FEET TO THE NORTHERLY LINE OF SAID SECTION 15; THENCE N 89°48'29" E ALONG SAID NORTHERLY LINE OF SAID SECTION 15, A DISTANCE OF 474.00 FEET TO THE POINT OF BEGINNING, CONTAINING 217,816 SQ FT, 5.00 ACRES MORE OR LESS. Exhibit B A PARCEL OF LAND SITUATED IN LOT 7 IN SECTION 10, TOWNSHIP 7 SOUTH, RANGE 89 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF LOT 8 OF SECTION 10, TOWNSHIP 7 SOUTH, RANGE 89 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO; THENCE N 0°32'29" W, ALONG THE EASTERLY L1NE OF SAID LOT 8, A DISTANCE OF 460.51 FEET; THENCE DEPARTING EASTERLY LINE OF SAID LOT 8 N 89°48'29" E PARALLEL WITH THE SOUTHERLY LINE OF SAID SECTION 10, A DISTANCE OF 473.00 FEET; THENCE S 00°32'29" E PARALLEL WITH THE EASTERLY LINE SAID LOT 8, A DISTANCE OF 460.51 FEET TO A POINT ON THE SOUTHERLY L1NE OF SAID SECTION 10; THENCE S 89°48'29" W 473.00 FEET ALONG SAID SOUTHERLY LINE OF SAID SECTION 10 TO THE POINT OF BEGINNING, CONTAINING 217,816 Sq Ft OR 5.00 ACRES MORE OR LESS.