HomeMy WebLinkAbout3.0 Resolution 97-781111111 11111 1111111 1111 011111111 111 1111111111111
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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 l l th of August A.D. 19 97 , there were
present:
Marian I. Smith , Commissioner Chairman
John Martin , Commissioner
Larry McCown , 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. 97-78
A RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE GARFIELD
COUNTY SUBDIVISION REGULATIONS FOR TIMOTHY ROE & REBECCA WILLIAMS.
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 140 acre tract, as described in Book 354, Page 469, filed in the Offices of the Clerk and Recorder of
Garfield County, Colorado, into three parcels of approximately 12.360, 6.809 and 10.299 acres each,
and a remainder tract, which proposed divided parcels are more practically described as follows:
Parcel 1:
Parcel 2:
Parcel 3:
See Attached
See Attached
See Attached
(in the State of Colorado and the County of Garfield); and
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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; Coiorado Revised Statutes 1973, as amended, for the reaszm- ttiar 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 "1" "2"
and "3" from the above described 140 acre tract is hereby exempted from such definitions and said tract
may be divided into said Parcels "1" "2" and "3" and may be conveyed in the form of such Parcels "1"
"2" and "3" 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 13th day of August
ATTEST:
, A.D. 1997
GARFIELD COUNTY BOARD OF
COMMISSIONERS, GARFIELD
COUNTY, COLORADO
Cl; .k of the Board / Chairman
vote:
Upon motion duly made and seconded the foregoing Resolution was adopted by the following
COMMISSIONER CHAIRMAN MARIAN I. SMITH
COMMISSIONER JOHN F. MARTIN
,AYE
,AYE
COMMISSIONER LARRY L. MCCOWN ,AYE
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STATE OF COLORADO )
)ss
County of Garfield )
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
LEGAL DESCRIPTION
Parcel "2"
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That portion of Section 13, Township 7 South, Range 9O West, or the Sixth Principal
Meridian. County of Garfie:d, State of Colorado, described as rollows:
Note! Basis of Bearing is the west line of the southwest one quarter of Section 13,
Township 7 South, Range 93 West of the Sixth Principal Meridian, as mon umented with a
found liSOLO brass cap ct the southwest corner of said Section "' 3 and a found marked
stone at the west are guar -ter corner of said Section 13, with an assumed bearing of
N00'20'Si''Ws
Commencing at the southwest corner of Section 3, a found USGLO brass cep; Thence
N00°20'51 W, along the west line the southwest one auarter of said Section 3, a
distance of 1104.56 feet to the Paint of Beginning_
Thence NOC'20'51 "W, along said west line, a distance of 010.35 'eet;
Thence N89°39'09"R, deporting cid west 1ine, a distance of 696.27 feet;
Thence S15 -17'57"W a distance sof 136.88 feet;
Thence 313'52'55"W a distance of 98.55 feet;
Thence 51725'32"W a distance of 191.97 feet;
Thence S 1 3°4522"W a distance of 152.39 feet;
Thence 705'24'47"W a distance of 132.76 feet;
Thence S 1 2'37'17-W a distance of 78.08 feet;
Thence 523'44'56"W a aistance of 80.65feet;
Thence S40'02'12"W a ,distance of 56.'3 feet to a point an non—tangent curvature;
(•hence along a curve to the eft a distance of 121.25 feet, said curve having a radius of
214.50 feet, a delta angle of 32°23'11-, and a chord distance of 1 79_641- feet which bears
384'49'58"W;
Thence 568'38'22"W a distance of 165_83 feet;
Thence 57'2'29'14"W a 'ai stance of 168_59 feet, to The Point of Beginning
''onbaining :2.360 acres, more car es,.
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LEGAL DESCRIPTION
Parcel "3"
Tnat Portion of Section 1 d. Township 7 South. Ranee 915 'West, : the Sixtr Princlpa' Me15C or;,
County of Garfield. Stale of Cciorado. described as fcliows
Note: .Basis of Becrinc is the west line the soutnwesi one aucrte- of Se:ctior 13. township
Soutr,. Range 93 Wes: of the Sixth Principal Meridian, as monumented with 0 found JSS C
Dross cap at the ocu -west corner of sale Sectior 13. and c found marked stone at the west
one querter corse- of sold Section 13, with an assumes bearing of N'00'2C'91
Commencing at the southwest corner of Section 13, a found 'JSGLO brass cap; Thence
N00'20'01 "8. along the west line of the southwest one oucrter of scid Section 13. c distance
of 295.68 feet to the Point of Beginning.
Tnence N0C'20 51 "4, ciong said west line, a distance cd 808.88 feet_
Tnence N72'29.14"5, departing said west line, c distance of 198.59 feet;
Thence N6F.38'22-E a distance of 165.83 feet to c point of curvature;
Thence alone c curve ro the right o distance of 401 _30 feet, sold curve having e radius of
214.50 feet, c de!tc orale of 107'111'33", and a ohorc distance of 345.29 feet which bears
85745'51-E to a point of compound curvature;
Thence along c curve :o the right a distance of 115.99 feet, said curve having a radius of
90.00 feet, c delta oncie of 7?'500'31", and a chord distance of 108.13 feet which bears
832'45'11-4;
Thence 859`40'27"W o distance of 49.26 feet to o point of curvature;
Thence alone a curve :e the left a distance of 201.08 feet, saic curve having a radius of
305.6/,,3 feet,11 c delta angle of 37'41'45", arc a chart distence of 197.47 feet which bears
S C 49,34
Thence 531'58'411"W c distance of 562_40 feet to a point of curvature;
Thence aloha c curve :c the left c distance of 51.12 feet, said curve having a radius of
314.48 feet, c delta angle of 09'18'49", and a chore distance of 51.06 feet which bears
Thence N50'14'33-4 c distance of 30.32 feet to the Point of Beainning.
Con::aininc 6.809 acres more or iess.
LEGAL DESCRIPTION
Parcel "4"
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hat portion of Section 3 and Sector 24, Tow': r,r. 9.: West. of t' -i£ Sixth
Princioa. Meridian, Cou-Ity of Oarfielc, State nss:crinec as follows.
Note: Basis of Benning ie the west line of tne southwest one-gJorte' o Section Tow^ship
South, Range 93 .Vest, of the Sixth Principal Merio,ar, CE monurnentec with c found US'SLO brass
car, a, the southwest corner of said Section 13 one c ourc rnia'koc stone at the west one
quarter corner of laic Section: 13, with an ass;m•e_: gee-inc o' N00'21'51 "W.
O,ommencinq o. tns, southwest corner oil Sectior. , „ fo_.nc JSCII brass can; Thence
NOC'20'S1"W, alone the west line of the southwest one quort.e- or solC Section 13, c distance
of 295.68 feet, Thence 555(14'33.-E, deoar,inq sc c wee'. tine. c distance of 30.32 fee' tc the
Point of Beginning, said point being o point of non- tanaery curvature:
Thence alone c cr..rve tc the right c distance sirT Beet- said c_-vr: ha,,1n_c radius of
314.48 ;eet. c delta angle 0a°i8.49' and c ,horn distor:cit „ 9..0E fee, which gears
N27 '9'1,;'''r.:
Tnence N31°58'4'' _ c distance of 562.4,2, feet t' noin: c- curvature:
Tnence along c c, rve tc the right c distance of 201.09 feel_, snit, cure' having_ o racius of
305.63 feet, c delta angle of 37'41'45-, ane c ohorc distance of 197.47 feet which bears
N5749'34"E.
Thence 562°26'4 "t c distance of 318.35 feel;
Thence S00'00'0O"W a distance of 777.60 feet to c. point on the soutr, line of said Section
Thence S05' 0'44"Uv', departing said south line, c distance o' 53.43 reit
Thence N34'49'08' W e distance of 71_33 feet to c point on the south line of said Section 13;
Thence S69`37'55"W', deporting said south, line, c distance of 45.03 feet:
Thence N82'50'99' W a distance of 22.45 feet,
Thence N24'35'00"W a distance of 55.53 feet:
Thence N86'03'40' Vd a distance of 96.27 feet
Thence NO2°18'13' 8 a d}stance of 15.02 feet;
Thence N4 1°40'56-W a distance of 31.82 feet;
Thence N73'20'14' W o distance of 73.01 feet;
Thence N57'18'15' W a distance of 71.75 feet,
Thence S71`02'53' W c distance of 33.67 feet,
Thence N76'08'59' W' c distance of 41.31 feet;
Thence N44'44'35'W c distance of 5.7.64 feet;
Thence N2'°04'5.0' W c distance of 43.40 feet,
Thence N79'01 43"W c distance of 144.90 feet,
Thence N59`32'29' W c distance of 45 34 feet;
Thence S75"20'55";M1' a distance of 53.53 fee',
Thence N50°1L'33''W c distance of 25.18 feet to tne °oint of Beginn,ng.
Contci-tlnc '0.299 acres, more or less.
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DECLARATION OF WATER WELL
COMMUNITY SHARING AND MAINTENANCE
THIS DECLARATION is made this day of , 1997,
by Timothy A. Roe (hereinafter the "Declarant"), owner in fee of
that real property described as the ROE EXEMPTION, County of
Garfield, State of Colorado.
I
RECITALS
1. The Declarant is the owner of the above-described
property. The Declarant and his successors in interest shall be
the owners of Well Permit No. 191875 and shall be the joint owners
of a water well, casing and pump to be constructed and installed be
Declarant for the purpose of providing domestic water for all
permitted uses on those real properties described as Parcel 2,
Parcel 3, and Parcel 4, Roe Exemption, Garfield County, Colorado,
(hereinafter as "Parcels").
2. The well and casing and pump shall be utilized by said
owners as lawful water right.
3. The water well and system will require completion and
continuing maintenance and operation, the costs of which must be
borne by the owners and users thereof.
4. The well permit contemplates perpetual, though not
constant, use and operation of the well, pump and the appurtenant
structures.
5. By this Declaration, Declarant intends to clarify
respective rights and duties and establish easements and procedures
for the joint operation of the water well and the delivering of
water to the properties of the owners, and for the provision of a
method for equitably dividing the water derived from the operation
of the system, and for the equitable allocation of the shared
payment of costs or operation and maintenance of the water well and
its pumps and other structures by all of the owners. Declarant
imposes these obligations on each of the three (3) Parcels as
covenants running with the land.
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II
WELL SHARING AND MAINTENANCE PROVISIONS
1. The Declarant hereby declares that the owners of each
Parcel shall be deemed to own an undivided one-third (1/3) share of
the subject well permit, well, pump, power source for the pump,
fittings at the well head, meter, pumphouse, foot valves, and any
pipes or pipelines and any other structures which are jointly used
(whether existing now or to be installed at a later time). The
owner of each Parcel agrees to pay for and install pipe or pipeline
from the well, which well shall be located on Parcel 4, to each
owner's parcel.
2. No owner of any Parcel will be deemed to have any
ownership right in and to any pipe, pipeline or other structure
used or required by solely by the owner of another of the Parcels
which may utilize any portion of the water flowing from the water
well and its structures. This agreement does not intend to relate
to such non -shared property of other owners nor to obligate any
party to pay any costs associated with non -shared structures.
3. The owners of the Parcels shall cooperate with each other
at all times in all matters necessary to promote the proper
construction, completion and functioning and use of the water
system -in- such- manner -as- to -provide- to- their -respective- uses- an
optimum water supply on demand at all times possible based upon the
natural availability of water. The owners of the Parcels agree to
not waste water and to endeavor to use no more than their
respective siraras or the available water-. Nu iftdividuai water -
meters must be installed at this time. If at any time after the
date hereof, any owner requires that meters be installed, then all
of the owners shall install meters at the individual expense of
each owner. Waste or over -use shall be deemed to be a material
breach of the agreement for which the non -defaulting parties may
seek remedy at law or equity for damages or for injunctive relief,
or both. Unless otherwise agreed by all owners, no owner shall use
more than one-third (1/3) of the water legally allocated to the
well. In the event the water physically available from the well is
less the legally available amount, then each owner shall
proportionately reduce the consumption of same to one-third (1/3)
the amount actually available.
4. The actual and continuing costs of operation,
maintenance, construction, extension, upgrading, cleaning,
repairing and all other work required on shared components of this
water system to cause the water at the well to become and remain
available to deliver water to the Parcel owners shall be shared by
the Parcel owners in proportion to their share in the well. This
agreement shall relate only to costs incurred after the date
hereof. Nothing in this Declaration shall require reimbursement by
any owner to any other person or owner for any costs incurred prior
to the date hereof, and Declarant shall not receive reimbursement
for the construction and installation of the well. Electrical
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cha gec for the -operation- of the well shall be shared - equally, or
in the event meters are installed, in proportion to the water
utilized by each owner. In the event the electric service to the
well is not separately metered, the costs of electric service shall
be estimated, based upon the power demand the well service adds to
the service of the owner paying a public utility for the electric
service. No operational costs will be charged to any owner until
such owner actually makes a physical connection to the well and
begins using water from same.
5. Subject to the provision in paragraph 4 above, any owner
who has been using water from this system and at any time elects
not to share in costs, necessary repairs, maintenance, replacement
and the like necessary to maintain the water well and deliver the
subject water, shall not receive water from the system. At such
time as said electing owner chooses to resume use of water from the
system said owner may do so upon reimbursement to the other users
the full cost of said owner's share of such expenditures with legal
interest retroactive to the expenditure date.
6. The Parcel owners shall cooperate in the maintenance,
operation, repair, replacement or improvement of all common
facilities. In the event the owners are unable to agree on 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
statement of work performed and the other owner's proportionate
share of the cost of same. In the event the other owners fail to
pay any amount due within thirty (30) days after presentment, the
owner which has paid such cost and expense shall be entitled to
pursue any remedy available at law or in equity for a breach. The
Court, in its discretion, may award to the prevailing party court
costs and attorney's fees incurred.
7. The owners of each of the Parcels shall be deemed to
grant by this Declaration such permanent, non-exclusive easement
across their property as necessary and sufficient for this
agreement to be performed for the benefit of each of the owners as
users of the shared pump and common pipeline or treatment system,
and structures. This Declaration shall be construed to be a grant
of an easement for non -shared or individual pipelines conveying
water to the individual residential Parcels, in location(s) on
Parcel 4 to be determined prior to conveyance of Parcel 4, and in
location to be determined upon conveyance of Parcels 2 and 3 by
Declarant.
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8. Nothing in this Declaration shall by itself be construed
as a transfer of any water right or appropriation of waters
heretofore acquired or owned by any owner. No owner shall
interfere at any time with the proper use by any other Parcel owner
of its interest in any water structure. The Parcel owners shall
indemnify and hold harmless other Parcel owners and users from any
loss or damage or injury cased by the acts of said indemnifying
party.
9. The term hereof shall be perpetual.
10. This Declaration shall be binding upon and inure to the
benefit of the lot owners, and their assignees or successors, and
the easement and covenants in this Declaration shall be deemed to
run with the land and shall encumber the land of each owner for the
benefit of the properties of the Parcel owners and ascribed herein.
11. The laws of the State of Colorado shall govern the
validity, effect and construction of this Agreement.
12. All provisions of this Declaration, including all
benefits and burdens, shall run with the respective parcels subject
hereto and shall be binding upon and shall inure to the benefit of
the heirs, assigns, successors and personal representative of the
Declarant, subject to the provision hereof.
IN WITNESS WHEREOF, the Declarant has executed this
Declaration as of the day and year first above set forth.
Timothy A. Roe
STATE OF COLORADO )
) ss.
COUNTY OF GARFIELD )
The foregoing instrument was acknowledged before me on this
day of , 1997, by Timothy A. Roe.
Witness my hand and official seal.
My commission expires:
Notary Public