HomeMy WebLinkAbout2.0 Resolution 2006-40111111111111111111111111111111111111111 111 1111111111111
695371 04/03/2005 04:24P B1786 P331 M ALSDORF
1 of 8 R 0.00 D 0.00 GARFIELD COUNTY CO
STATE OF COLORADO )
)ss.
COUNTY OF GARFIELD
At a regular meeting of the Board of County Commissioners far Garfield County, Colorado,
held at the Courthouse Plaza Building in Glenwood Springs on Monday, the 3rd day of April
2006, there were present:
John Martin
Larry McCown
Tresi Houpt
Ed Green
Don K. DeFord
Mildred Alsdorf
, Commissioner Chairman
, Commissioner
, Commissioner
, County Administrator
, County Attorney
, Clerk to the Board
When the following proceedings, among others were had and done, to -wit:
RESOLUTION NO. 06— 40
RESOLUTION RECOGNIZING PARCEL OF LAND LEGALLY CREATED
AND EXEMPT FROM SUBDIVISION - GUCCINI AND TRANT
WHEREAS, Garfield County is a legal and political subdivision
of the State of Colorado for which the Board of County
Commissioners of Garfield County ("BOCC") is authorized to act; and
WHEREAS, the BOCC has authority to determine that a parcel of
land legally exists and is available for sale and development,
exempt from application of current subdivision regulations pursuant
to the provisions of Section 30-28-101(10) (d), C.R.S., as amended;
and
WHEREAS, the foregoing section permits the BOCC to make such
determination by special resolution in unique circumstances; and
WHEREAS, the provisions of Section 1:71 of the Garfield County
Subdivision Regulations of 1984 provides that a subdivision of land
occurring prior to the existence of any subdivision regulations is
exempt from application of the current subdivision regulations; and
WHEREAS, the provisions of Section 30-28-101(10) (c) (VIII),
C.R.S., as amended create a statutory exemption for the creation of
a larger parcel by combination of contiguous parcels; and
WHEREAS, the applicants Guccini and Trant have demonstrated
that the parcel described in the Quit Claim Deed attached hereto as
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Exhibit A and set: forth in legal descriptions for parcels 1, 2 and
3 actually existed as a separate parcel for use by Garfield County
School District 4 and School District RE -2 prior to 1972; and
WHEREAS, the applicants have demonstrated that the Boundary
Line Adjustment (description A), attached hereto as Exhibit B
properly describes the parcel of land for which the current
exemption is requested and is the result of combining the above -
referenced school tract site with a contiguous parcel of ground.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF GARFIELD COUNTY AS FOLLOWS:
1. The BOCC hereby determines that the School District site,
referenced above and described in Exhibit A attached hereto,
existed as a separate subdivided parcel of ground prior to the
adoption of subdivision regulations by Garfield County and
therefore was a legally existing parcel, without regard to
application to our current subdivision regulations, at the time of
recording the Boundary Line Adjustment attached hereto as Exhibit
B.
2. The parcel resulting from combining the School District
site referenced in paragraph 1 above, and adjoining contiguous
parcel through the Boundary Line Adjustment set forth in Exhibit B
attached hereto, resulted in a parcel exempt from application of
the Garfield County Subdivision Regulations pursuant to the
provisions of Section 30-28-101(10)(c)(VIII), C.R.S., as amended.
3. The parcel of ground described in Exhibit B (legal
description A), attached hereto is hereby recognized as a legally
existing parcel exempt from the Subdivision Regulations of Garfield
County.
4. The BOCC hereby recognizes that the division of land
recognized herein will not impair or defeat the stated purposes of
the Garfield County Subdivision Regulations, will not be
detrimental to the general public health and welfare, and is not
within the purposes of Section 30-28-101, C.R.S., as amended,
requiring that the applicants comply with the full subdivision
requirements of Garfield County and the State of Colorado.
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695371 04/03/2006 04:24P B1766 P333 M ALSDORF
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5. The BOCC hereby finds that the parcel of ground
recognized herein is serviced with public access directly from the
Garfield County road system, and meets the minimum lot size
requirements of the Garfield County Zoning Resolution.
DATED this 3rd day of
ATTEST:
} ,w111 44itfrlVEl ° it
G; a r.
w
the-, Cprd
duly,4 and seconded the foregoing Reso
Martin Aye
Aye
Aye
April
, 2006.
BOARD OF, COUNTY Cf,MMISSIONERS
GARFIaLD COU Y, COLORADO
07iiiMO'w,,,
Larry McCown
Tresi Houpt
Commissioners
STATE OF COLORADO
)ss.
COUNTY OF GARFIELD
y the folio4ing vote:
i/
I, Mildred Alsdorf, 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 Proceedings 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. 2006.
County Clerk and ex -officio Clerk of
The Board of County Commissioners
T:\MyFiles\REO\Guccini & Trant Parcel 3-30-06.wpd
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527236 08/SS/1998 0+1:01P 81073 P731 fl 695371 04/03/2006 04:24P 81786 P334
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1 of 2 R 11.00 0 0.00 efdtrxELD COUNTI 4 of 8 R 0.00 D 0.00 GARFIELD COUNTY CO
QUIT CLAIM DEET)
GARFIELD SCHOOL DISTRICT Nt f. RF -2. successor to School District No. 4, a body
corporate organized and existing under the laws of the State of Colorado, for the consideration of
One Dollar and other good and valuable consideration, hereby sells and quit claims to Marilyn M.
Clarkwhose address is c/o Bill Clark, 9141 1h agner River Circle, Fountain Valley, CA 92708, the
following real property in the Cpinty of Garfield, and State of Colorado to wit:
J
Those parcels of land did on 1 xitil it A. attached, which Exhibit is incorporated by this
reference.
together with all appurtenances.
Signed this 9th dayofiune, 1998.
A ST:
STATE OF COLORADO )
)'s -
COUNTY OF GARFIELD )
larfield School District No. RE -2
The foregoing instrument was acknowledged before me this vrt, day of,hme, 1998 by
Vicki. VanEngelenburg as President of the'RnarI
of Education and by. Sally M. Brands •..
as Vice President of Board of Education of Gaiiield School District No. RE -2.
.3NESS my hand and offrcial scat
.' 4)rioirrmission expires:2/19/99
i&A..wkvf,
(i.
G ,o
444-4r-t.lic
EXHIBIT
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527236 06/19/1898 04101P 131073 7732 r 695371 04/03/2006 04:24P B1786 P335 M ALSDORF
2 of 2 R 11.00 t7 0:00 GARFIEiD MUNI 5 of 8 R 0.00 D 0.00 GARFIEL.D COUNTY CO
f7Ci1 l" .1
PARCEL I:
A parcel of land situated it die S9+1 = NH:i4 .end the NW114 Sli1/4 of Section 6,
Township 6 S.. ltan��u 611 Va.. ()di 1'.',t. .yin Southerly of the 1'iith Line Ditch and
Norther!) o1'tht Nonherh -•igltt-uf.s' 1». lire ofa C'otntty Road as .constructed and in
place, said parcel of hind is descri:%d t s. toll, ki;s:
Beginning: at :t point on the Pvr
F•tst Quarter ( orner u1 said Section ti I
thence S. (13 degrees 2'1` 3 W.
line ol'said Count) !toad: thence N.
Northerly right-of-way line of•said rI rtl
along a fence : thence N. 0: degreet.
15 degrees 58' 50" W. 17.46 .46 feet along
40.:1 feet tO a point in Said ditch; ;Iron.
said ditch: thence S. $n degrees 08 circ'
degrees 23' 00" E:. 38.44 feet along :said
feet to it point on the Southerly line of
PARCEL
het line of suid NW114 SEE/4 whence the
oars: N. 88 degrees 40' 4t;" E. 1442.26 feet;
ct•t to n point on the Nor iserly right-of-way
7 degrees 36' 361" W. 194.11 fess along the
thence '4. 0 i degrees 40' 40" W. 111.54 feet
44" F. 47512 feet along said fence; thence N.
said fence: Iitence N. 06 negrees 17' 58" W.
e S. 76 degrees 09' 00" r 101.62 feet along
78.67 fi:et along said i.litch; thence S. 68
:filth; thence S (15 degrees. 29' 35" W. 201.75
aid S11' I /4 N1•:I.'4, the print of beginning.
A parcel. of land sittiared sn.thc S\h' l .4 1 i f 1 /4 of Section 6, Township 6 S., Range 91
W.. 6th P.M., lying Souther43. ortlie Cc iter Of the High Line Ditch and Northerly of
the Norther' fence eta 1' runt) Itoad ens constructed and in place, said
parcel of land is described as fnllrv, s.
Beginning at a point on the Nor her!) right-of-way fence oi'said road whence
the Hasa Quarter Cotner of said Set:tic.t 6hears: N 89 degrees -i9' 50" E. 1616.99
feet: thenee.N..76 degrees 29' 2i' 11 - 90?6 feet along .said right -of --way fence;
thence N 411 degrees 33', 1 W.. 258.8e, feet 111 the C'en[tr of said i litch;thence S. 79
degrees 13' 00" E. a distance o1 (, I X1 along.thc Center of said ciitch; thence S. 69
degrees 26' 0(1" E. 40.58 feet: thence S. 40 degrees 27' 00" E. 53.45 feet; thence
leaving said ditch S. Ori degrees 17' 58' 1i. 40.31 feet. thence S. 5 -degrees 58''51)"-
E. 17.46 feet along a Fence as con:trueted and in. place; thence S. 03 degrees 18' 44"
W. 47.92 feet Anna said fence. them.: S.'01 degree 40' 40" E:. along said fence,
111.54 feet to a,point of the Norther' ight-of-way fence of said,C.ounty. Road, the
point ol'heginning.
PARCEL 3 :
A parcel of land in the. NW.1'4 Sl; I '4 o: Section 6_ Township 6 S Range:91 .W., 6th
P.M.. described as follows:
Beginning at thc.NI•: corner of said 1;141/4 SE.1i 4. thence West alang the North line
of said NW 114 SE' 4 924 &'er; thcnee South 140 feet to the Norah tine of the Ware
and Idinds I3itch right-of-way: thence o,!sterl)' along the North line of said ditch right-
of-way to the Bast line of said NW1f4 SEI /4: thence North along -aid East line to the
place, of beginning.
County ortiarlield and Sime of Colorcdo
•
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637117 09/23/20@3 031E litili P895 M atospo�l'� 04/03/2006 04:24P B1786 P336 M ALSDORF
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AFFIDAVIT RE: BOUNDARY LINE ADJUSTMENT
the undersigned affiants being fust sworn upon thereof, depose and state as follows
1. We are the owners of real property in the unincorporated area of Garfield County, which is
described in Exhibit ".A" which is attached hereto and incorporated herein by reference.
We are desirous of adjusting the boundary lines of our Tots and sign this Affidavit irj.
accordance with the Garfield County Subdivision Regulations of 1984. •
3. We hereby represent that no new lots will be created and therefore, that Garfield County will
not be required to issue any building permits, other than what it would be required to issue for the
already existing lots.
4. We hereby represent that none of the parcels of property involved in this boundary line
adjustment is part of a previously platted subdivision of record.
5. We hereby represent that the boundary line adjustment made reference to herein will not cause
the loss of access by road or to utilities, to any parcel of property involved.
6. We hereby represent that a copy of the Affidavit will be recorded with the Garfield County
Clerk and Recorder.
FURTHER AFFIANTS SAYETH OT.
DONE this day of‘ p 4 , w 07003
laa0 L v, iy heal tio/eo(
,7a/ .0..7, /99e
' J 4-A
if Loh., 4 ✓
NOTE: The full legal name of the Affiants should be typed or printed beneath each
Zurlei
STATE OF eisieetitzt00 )
1 tippet )ss
COUNTY OF rG .)
The foregoing document was subscribed end sworn to before me in the Co
State ofcciFeado this i d7°day of bel y Min - r'Stan and
My Commission Expires:
rID,on
Proft ,41 Siup
f 111 (rp.ni&.
&tewalbuct 5py5
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OFFICIAL BEAL.
JENNIFER L.R. DI GEROtM I
NOiaR ��O �,qy
MY Comm. Wires &.2a, 2Q 7
ty of i
Public
Vi 4 ek Ve.eriz.vmFF%U
Address
Jto 1!.r Pcfra. g5_ \4-1')
Lamin
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EXHIBIT
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83717 09/2312003 93:93P 61521 P995 M r3«OR /06 0424P 81786 P337 M ALSDORF
2 of 3 R 15.00 D e.00 GiRFIELD COTITY CO 7 of 8 R 0.00 D 0.00 GARFIELD COUNTY CO
STATE OF 9611103156131) Pre )
)ss
COUNTY of IIZRELEIZ )
The mtir+ rr3dri c
foregoing document was subs 'bed and sworn to before am in the County ofd
Stat thisi ,t
of ,� irjl cti'S2-1 and >
My Commission Expires:
IJENNF L.R.R. DI OLAMI
NOTARY POLIO- Stale of ARAMs
MARKOpA COUNTY
My Comm. Expires Jen. 20, 2007
i
xryc
$ 'S5 E L' 4 d. i%fr,.riF/z3D
Address
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695371 04/03/2006 04:24P 61786 P338 M ALSDORF
637117 09/23/2003 03:ttti3P 81521 P997 N fti-SDoF 8 of 8 R 0.00 D 0.00 GARFIELD COUNTY CO
3 of 3 R 18.00 D 0.00 GPRFIEI D coufll'Y ce
EXHIBIT "A"
Property prior to adjustment:
All that property described in Deed recorded August 24, 1998 in Book 1085 at Page 176
and Deed recorded August 24, 1998 in Book 1085 at Page 178.
Property after adjustment:
A parcel of land situated in Section 6, Township 6 South, Range 91 West of the 6th P.M., described as
follows:
Beginning at a point in the Northerly right-of-way fence of County Road No. 214, whence the East 1/4 corner
of said Section 6 bears North 77°25'49" East 987.26 feet; thence along said Northerly right-of-way North
79°52'47" West 153.82 feet; thence North 70°56'50' West 137.27 feet; thence North 69"43'41" West 215.36
feet; thence North 67°1213" West 194.11 feet; thence North 76'05'10" West 74.03 feet; thence North
00°15'05" West 256.21 feet to the Roseman (Tompkins) Ditch; thence along said ditch South 69'01'34" East
25.67 feet; thence South 40°02'34" East 63.46 feet; thence South 75°44'41" East 101.62 feet; thence South
85°43'34" East 78.67 feet; thence South 67'°58'34' East 38.44 feet to the West boundary line of that parcel of
land described In Book 903 at Page 818; thence along said West line South 05'54'00" West 180.67 feet;
thence departing said West line North 89°5513" East 471.69 feet; thence South 01'14'32" East 213.60 feet; t+3
the POINT OF BEGINNING.
AND
A parcel of land situated In Section 6, Township 6 South, Range 91 West of the 8th P.M., described as
follows:
Beginning at a point In the Southerly right-of-way fence of County Road No. 214 whence the East 114
corner of said Section 6 bears North 75°19'50" East 995.23 feet; thence South 01°14'32" East 442.071
feet to the North right-of-way of the Ware and Hinds Ditch; thence along said North right-of-way North
40°41'07" West 146.93 feet; thence North 39°50'00" West 87.36 feet; thence North 67°3521" West
131.30 feet; thence North 55°54'23" West 89.99 feet; thence North 56'51'18" West 82.37 feet; thence
North 58°4275" West 302.80 feet; thence North 73°06'05" West 118.17 feet; thence North 80°42'28'
West 173.20 feet; thence South 87°33'59" West 100.92 feet; thence North 80°1039" West 125.05 feet;
thence South 88°04'05" West 74.44 feet; thence South 60°52'11" West 44.37 feet; thence departing said
ditch right-of-way North 02"02'10" West 152.26 feet to the said Southerly County Road No. 214
right-of-way fence; thence along said right-of-way North 89°27'54" East 445,62 feet; thence South
81°00'33" East 114.84 feet; thence South 71°34'55" East 160.63 feet; thence South 68°27'27" East
126.20 feet; thence South 71°11'28" East 335.34 feet; thence South 79°13'07" East 148.76 feet; to the
POINT OF BEGINNING.
EXCEPTING therefrom any portion described in deed recorded May 9, 1994 in Book 901 at Page 592.