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HomeMy WebLinkAbout5.0 Final PlatAMENDED FINAL PLAT OF A PARCEL LOCATED WITHIN COOPERTON TOWNSITE A metes and bounds parcel located in Government Lot 21, Section 28, and a lot located in Government Lot 19, Section 28 also being within the Cooperton Townsite, recorded as Reception Number 7674 and amended as the Amended Plat of the Townsite of Cooperton, recorded as Reception Number 2$0258 in the Office of the Garfield bounty Clerk and Recorder, being Government Lots 18 & 19, Section 28, Township 7 South, Range 88 West of the 6th Principal Meridian, Garfield County, Colorado Vicinity Map - Scale: 1• = 2000' NOTES 1. This Amended Final Plat is based on the Commitment for Title Insurance from Title Company of the Rockies, Commitment Number 7001195-05 dated October 27, 2022. Please note that Requirement 6 of Schedule B, Part I of said Commitment for Title Insurance lists a Deed of Trust, dated October 27, 1997, and recorded November 4, 1997 at Reception Number 515995. 2. The unit of measure for this survey is the U.S. survey foot. 3. The Basis of Bearing for this survey is based upon the North -South centerline of Section 28, Township 7 South, Range 88 West of the 6th P.M. between the found and properly monumented Center 1/4 Comer of said Section 28, and the found and properly monumented South 1\4 Comer of said Section 28, Bearing S 01 ° 04' 23" W. 4. Date of field survey: March and April of 2022 LAND USE SUMMARY 5. Property Owners: Zoning: R-Rural Stefan A. Dag Number of lots: 2 848 County Road 106 Carbondale, Co 81623 Lot situated in Government Lot 21, NW1/4,SE1/4 of Section 28, Township 7 South, Range 88 West of the Sixth Principal Meridian Eva Alexandra C. Anwyl-Davies A/K/A Eva A. Anwyl-Davies acreage: 1.08 acres (original) 848 County Road 106 Carbondale, Co 81623 Lot situated in the Townsite of Cooperton also situated in Government Lot 19, NW1/4,SE1/4 of Section 28, Township 7 South, Range 88 West 6. The purpose of this Amended Final Plat is to vacate the property line between the two properties. of the Sixth Principal Meridian acreage: 1.1 acres (original) 7. This boundary of the property amended by this Amended Final Plat is based upon the Confirmation Merged Parcel 1: 2.18 acres (proposed) Deed recorded at reception number 812335 and the Deed recorded at reception number 387409 of the Garfield County records. Rural Zone District Setbacks: 25' front/rear yard and 10' side yard 8. No mineral rights ownership was found after a diligent search of the Garfield County records by Stephan A. Dag. 9. The original Townsite of Cooperton plat was recorded October 1, 1888 at reception number 7674 of the Garfield County records and was Amended August 22, 1977 at reception number280258. 10. Future development on the parcel will be subject to applicable f1bodplain regulations. 11. The railroad right-of-way shown hereon is based on the Railroad Right -of -Way - Survey Satank Segment Portion of Former Denver & Rio Grande Railroad Aspen Branch Right -of -Way Plat deposited December 16, 2008 in the Garfield County index for informational land survey plats at ADJACENT PROPERTY OWNERS Reception Number 786. 12. The blanket reservation by the United States federal government for mineral rights and Matthew A. Aboussie & Robin L. Colt Sidney R. Oatman rights -of -way for ditches and canals described in the United States Patent recorded at Reception 1493 County Road 106 22 Mesa Avenue Number 98689 is not depicted hereon. (Item 7 in Title Commitment) Carbondale, Co 81623 Carbondale, Co 81623 R090198 R090183 ® 13. The property may be subject to the terms, conditions, provisions, restrictions, and obligations Town of Carbondale Roaring Fork Transportation Authority contained in the Deed recorded November 12, 1987 at Reception Number 387409. (Item 8 in Title Commitment) 511 Colorado Avenue 1340 Main Street Carbondale, Co 81623 Carbondale, Co 81623 14. The property is subject to the terms, conditions, provisions, and obligations contained in the Holy R011036 R090233 Cross Electric Associations, Inc. Right -of -Way Easement recorded September 7, 1988 at Reception Number 398857. The easement is depicted hereon. (Item 9 in Title Commitment) Kevin James &Barbara T. Cyr Colorado Department of Natural Resources 160 Pine Street 6060 Broadway 15. The property appears to be subject to the terms, conditions, provisions, and obligations contained Carbondale, Co 81623-2243 Denver, Co 80216-1029.. in the Holy Cross Electric Associations, Inc. Contract for Electric Service, recorded April 25, 1990 at R090022 R011563 Reception Number 411910. (Item 10 in Title Commitment) ' Denise & Mitch Gianinetti Lauren Alia Strong Bumand & ZacTripp 16. The property appears to be subject to the terms, conditions, provisions, and obligations contained 0022 Mesa Avenue 88 Pine Street in the Non -Exclusive Private Way License recorded on June 28, 1991 at Reception Number 424892. Carbondale, Co 81623 Carbondale, Co 81623 (Item 11 in Title Commitment) R082531 R090197 17. The property is subject to the terms, conditions, provisions, and obligations contained in'the Deed Brent William & Cara Michelle Maiolo Jack Frederick Wilfiey of Fishing Easement recorded on August 2, 1994 at Reception Number 426658. The easement is 70 Mesa Avenue 100 Glenwood Avenue depicted hereon. (Item 12 in Title Commitment) Carbondale, Co 81623-2208 Carbondale, Co 81623 R083394 R043542 18. The property appears to be subject to the terms, conditions, provisions, and obligations contained in the Utility and Access Agreement recorded March 20,1995 at Reception Number 475680 (Item 13 Charles M. Moore in Title Commitment) 23 South Cedar Street Carbondale, Co 81623 19. The property appears to be subject to the terms, conditions, provisions, and obligations contained R090049 in the Memorandum of Water Allotment Contract recorded August 12,1998 at Reception Number 530403. (Item 14 in Title Commitment) 20. The Public Access Road License Agreement recorded December 27, 2010 at Reception Number 796262 (item 15 in Title Commitment) does not pertain to the subject property and therefore the property is not subject to the terms, conditions, provisions, and obligations contained therein. 21. The Access Easement recorded December 27, 2010 at Reception Number 796263 (Item 16 in Title Commitment) does not pertain to the subject property and therefore the property is not subject to the terms, conditions, provisions, and obligations contained therein. 22. The Conservation Easement in Gross recorded December 27, 2010 at Reception Number 796264 (item 17 in Title Commitment) does not pertain to the subject property and therefore the property is not subject to the terms, conditions, provisions, and obligations contained therein. 23. The Encroachment License recorded September 30, 2013 at Reception Number 841364 (item 18 in Title Commitment) does not pertain to the subject property and therefore the property is not subject to the terms, conditions, provisions, and obligations contained therein. 24. The property appears to be subject to the terms, conditions, provisions and obligations contained NOTICE: According to Colorado law you MUST commence any legal action in the Memorandum of Water Allotment Contract recorded March 7, 2018 at Reception Number based upon any defect in this survey within three years after you first discovered 903986. (Item 19 in Title Commitment) such defect. In no event, may an action based upon any defect in this survey be commenced more than ten years from the date of the certification shown hereon. 25. This survey does not constitute a title search on the part of Gamba & Associates, Inc. CERTIFICATE OF TAXES PAID 1, the undersigned do herethat the entire amount of taxes and assessments due and payable as of by certify upon all parcels of real estate described on this Plat are paid in full. ' ! DATED this ■® ®day of A.D., 20 Vk I If OF Gq % 4a • 1 , •, "fG O ADC TITLE CERTIFICATE 1, Paull k P"Itt- tO P151L , an attorney licensed to practice law in the .State of Colorado, or agent authorized by a title insurance company, do hereby certify that I have examined the Title to all lands shown upon this Plat and that Title to such lands is vested in Stefan A. Dag and Eva Alexandra C. Anwyl-Davies A/K/A Eva A. Anwyl-Davies and Eva A. Anwyl-Davies, as to Parcel B, free and clear of all liens and encumbrances (including mortgages, deeds of trust, judgments, easements, contracts and agreements of record affecting the real property in this Plat), except as follows: DATED this ay of , A.D., 20 Title Company: ==� #8 —�- -YI Agent OR Attorney Colorado Attorney Registration No. BOARD OF COUNTY COMMISSIONERS' CERTIFICATE Based upon the review and recommendation of Garfield County Director of Community Development, the Board of County Commissioners of Garfield County, Colorado, hereby approves this Amended Plat this j flay of D C c. a *. 6e, , A.D., 20 2? for filing with the Clerk and Recorder of Garfield County and for conveyance to the County of the public dedications shown hereon, subject to the provisions that approval in no way obligates Garfield County for the financing or construction of improvements on lands, public roads, highways or easements dedicated to the public, except as specifically agreed to by the Board of County Commissioners by subsequent resolution. This approval shall in no way obligate Garfield County for the construction, repair or maintenance of public highways or any other public dedications shown hereon. BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO By: Chair Witness m and and seal t County of Garfield •�A County Clerk 1 ; e s� ORADQ CLERK AND RECORDER'S CERTIFICATE This plat was filed for record in the Office of the Clerk and Recorder of Garfield County at 3. �if0 o'clock rr.m., on the day of / 1�ef-emik XA.D. 20 4 and is duly recorded in Book Page N 14 Reception No. 9LIe2lB,9 Fee: Attest- ®LIA Cl nd Recorder By: COUNTY SURVEYOR'S CERTIFICATE Approved for content and form only and not the accuracy of surveys, calculation drafting. Pursuant to C.R.S. 1973, 38-51-101 and 102 (revised). Garfield County SV(veyo Ai P vr-1 Dce E@'1't9, iuzZ Date SURVEYOR'S CERTIFICATE 1, Michael J. Gamba, do hereby certify that I am a registered land surveyor licensed under the laws of the state of Colorado, that this plat is a true, correct and complete plat of the real property as laid out, platted, dedicated and shown hereon, that such plat was made from an accurate survey of said property by me and under my supervision and correctly shows the location and dimensions of the lots, easements and streets of said subdivision as the same are staked upon the ground in compliance with applicable regulations governing the subdivision of land. IN WITNESS WHEREOF, I have set my hand and seal this, Day of A.D. 20 ] ®®® Michael J. Gamba, P.E. & L.S. 28036 A LU iL W V _ iF- ■ a CL LL. v memo E Q tU l xo NW 01> �M a W 0 I" Z 4J U� Oix W tv�! W Vi Z 140 ca W ,Ma Z W = �o U 20 °vm a a Z1 _o W4 Wm Zo •• o �3 Z J W t9 m � T 40 �m �o d �o O F- 0Z NUi �a >� o �z a 0100 cn m � o i o u 3 N N N M oa o W m W = W 7 m U -a Lu d W 9 N Qin N a NN I n 0 0 O Lu j < �w > LLj U re vUi.M 0 �R2525Qm _m3 �m m Tali w ¢�m t- O r p N a' q., c n c c N = di Q. V a O � d 0 Z %a w a d c w _ _Z V! }- Ea o V .- C -p �+ o = � a a N N N N a N N N CV FW-- ■�f M .6 LAQ et M N W O � Z 'l, I CERTIFICATE OF DEDICATION AND OWNERSHIP The undersigned, Stefan A. Dag and Eva Alexandra C. Anwyl-Davies A/K/A Eva A. Anwyl-Davies being sole owners in fee simple of all that real property shown heron and described as follows: Northerly Parcel - Parcel No. 2393-284-00-014 A tract of land situated within Government Lot 21 in the NW1/4 SE1/4 of Section 28, Township 7 South, Range 88 West of the 6th P.M. , County of Garfield , State of Colorado and being more particularly described by metes and bounds as follows: (Bearings as recited in this description are based upon the North -South centerline of said Section 28 as bearing S 01°04'23"W. Monumentation found in the field at the Center 1/4 corner is a standard monument and aluminum cap, L.S. 14060 and the South 1/4 corner is a standard monument and aluminum cap PLS 27613) Beginning at a point on the North -South centerline of Section 28, point also being the Northwest corner of Government Lot 19 and on the North Line of the Townsite of Cooperton, whence the East 1/4 comer of said Section 28 bears N 69045'53" E a distance of 2862.14 feet, said East 1/4 corner being a 3.25" Alum. Cap, U.S. Dept. of Interior/BLM 1973; thence N 01 °04'23" E a distance of 256.85 feet along said North -South centerline of Section 28 to a point on the southerly right-of-way line of the Denver and Rio Grande Western Railroad, whence the Center 1/4 Comer bears N01 °04'23"E a distance of 1017.84 feet; thence along said southerly right-of-way the following two courses: 1) 260.24 feet along the arc of a curve to the right, having a radius of 1332.69 feet, a central angle of 1101119", and the chord bears S 55°29'54" E a distance of 259.83 feet; 2) 149.05 feet along the arc of a tangent curve to the right, having a radius of 473.67 feet, a central angle of 18'01'45", and the chord bears S 40'53'22" E a distance of 148.43 feet; thence departing from said right-of-way N 89°31'54" W a distance of 316.12 feet to the point of beginning; whence the South 1/4 Comer bears S01 '04'23"W a distance of 1713.13 feet; containing 1.08 acres more or less and historically defined and described in Reception Number 387409. And The undersigned, Eva Alexandra C. Anwyl-Davies A/K/A Eva A. Anwyl-Davies being the sole owner in fee simple of all that real property shown heron and described as follows: Southerly Parcel - Parcel No. 2393-284-00-035 A tract of land situated in the Townsite of Cooperton and also within Government Lot 19 in the NW1/4 SE1/4 of Section 28, Township 7 South, Range 88 West of the 6th P.M. , County of Garfield , State of Colorado and being more particularly described by metes and bounds as follows: (Bearings as recited in this description are based upon the North -South centerline of said Section 28 as bearing S 01 °04'23"W. Monumentation found in the field at the Center 1/4 comer is a standard monument and aluminum cap, L.S. 14060 and the South 1/4 comer is a standard monument and aluminum cap PLS 27613) Beginning at a point on the North -South centerline of Section 28, pant also being the Northwest comer of Government Lot 19 and on the North Line of the Townsite of Cooperton, whence the East 1/4 comer of said Section 28 bears N 69045'53" E a distance of 2862.14 feet, said East 1/4 comer being a 3.25" Alum. Cap, U.S. Dept. of Interior/BLM 1973; whence the Center 1/4 Comer bears N01.04'23"E a distance of 1274.69 feet; thence S 89031'54" E a distance of 316.12 feet to a pant on the southerly right-of-way line of the Denver and Rio Grande Western Railroad; thence along said southerly right-of-way the following two courses: 1) 74..01 feet along the arc of a curve to the right, having a radius of 473.67 feet, a central angle of 8'5T08", and the chord bears S 27023'56" E a distance of 73.93 feet; 2) S 22°55'22" E a distance of 186.72 feet to a point; thence departing from said right-of-way along the centerline of the Roaring Fork River the following two courses: 1) N 68*01'07" W a distance of 311.51 feet; 2) N 47°18'39" W a distance of 182.29 feet to the pant of beginning; whence the South 1/4 comer bears SO 004'23"W a distance of 1713.13 feet; containing 1.1 acres more or less and historically defined and described in Reception umber 812335. EXECUTED this 74�_day of < kC , A.D., 202? { Owner: Stefan A. Dag Owner: Eva Alexandra C. Anwyl-Davies Address 0848 County Road 106 A/K/A Eva A. Anwyl-Davies Carbondale, Co 81623 Address: 0848 County Road 106 Carbondale, Co 81623 STATE OF COLORADO ) SS COUNTY OF GARFIELD ) The foregoing Certificate of Dedication and Ownership was acknowledged before me this t day of Zer,? A.D., 2012- by e V\ je,� and EVA AjPxaV\6,Ca Av�� t2GviPS. My commission expires: of I t 5 �2oZ3 Witness my hand and official seal. (SEAL) ISABEL MARIA UGARTE-JOHNSON NOTARY PUBLIC - STATE OF COLORADO NOTARY ID 20194001767 FAY COMMISSION EXPIRES JAN 15, 2023 NOTICE: According to Colorado law you MUST commence any legal action based upon any defect in this survey within three years after you first discovered such defect. In no event, may an action based upon any defect in this survey be commenced more than ten years from the date of the certification shown hereon. AMENDED FINAL PLAT OF A PARCEL LOCATED WITHIN COOPERTON TOWNSITE w mares ana pounas parcel iocatea in vovernment got [ 1, Section 15, and a lot located in Government lot 19, Section 28 also being within the Cooperton Townsite, recorded as Reception Number 7674 and amended as the Amended Plat of the Townsite of Cooperton, recorded as Reception Number 280258 in the Office of the Garfield County Clerk and Recorder, being Government Lots 18 819, Section 28, Township 7 South, Range 88 West of the 6th Principal Meridian, Garfield County, Colorado CENTER 1/4 COR. SECTION 28 ° o W' CENTERLINE SECTION 28/ WEST LINE GOVERNMENT LOT 21 z' u.i FOUND 1" ORANGE PLASTIC CAP W.C. PLS 14111 N 2Z26" E 10.23' FROM CALCULATED CORNERw> POND ROq O,Q Qw `SgT,9 FLOODWAY `v NIrS FcMFHT of 10'SETBACK 26 SETBAC (Xto � jT PROPERTY ° BOUNDARY EDGE OF RIVER w Cl) N o PARC FOUND 1" ORANGE PLASTIC CAP 0 2393-: W.C. PLS 14111 N 00'56'26" W 88.25' z \ STEPI FROM CALCULATED CORNER EVA P ` A C. AN' �Q \ 1.08 A C lx 00� /0, -1 0 NW CORNER NORTH I INF OF r`onm=r2Tnm TnGOVERNMENT LOT 19wkicrm - L= 26024 R= 1332.69 A=11°11'19" CH=S 55°29'54" E DIST= 259.83 PROPERTY BOUNDARY ti� O VO EAST 1/4 COR. SECTION 28 2g6? A553"� �- FND. 1" ORANGE PLASTIC CAP PLS 14111 N 36'49'17" W 0.20' FROM CALCULATED CORNER L= 149.05 R= 473.67 A=18'01'45" CH=S 40°53'22" E DIST= 148.43 FOUND 1.5" ALUM. CAP 5933 (BENT) S 87'36'17" W 0.64' FROM CALCULATED CORNER NORTH LINE OF COOPERTON TOWNSITE w wwwvwtSET 7C'/`p J ` ORIGINAL PARCEL BOUNDARY S \ L= 74.01 R= 473.67 m 25' SETBACK A=8*57'08" o tistj ARCEL \ CH=S 27'23'56" E 2393-284-00-035 DIST= 73.93 4 S1.5" ALUM. CAP o 2�9 9 EVA ALEXANDRA C. i `Q&A 28036 \ FOUND NO. 5 REBAR ANWYRES11ES I� N66"26'45"E 20.00' V 1 AC FROM CALCULATED CORNER w I I o FLOODWAY \ w I \ P Q � � I � Na 4_ N� A NO MONUMENT SET I I to y � SET 1.5" ALUM. CAP G&A 28036 115' WC N CENTERLINE SECTION 28/ I I- art` WEST LINE GOVERNMENT LOT 19 FLOODWAY 2� I N6g" EDGE OF RIVER N1. - SOUTH 1/4 COR. 0\^9 I I PROPERTY SECTION 28 v RO � 20' WIDE ' I q"ING O o BOUNDARY HOLY CROSS ELECTRIC ASSOC AT ION, INC ROW EASEMENT I RkR�VF/y CIO RECEPTION # 398857 I I NO MONUMENT SET I I I I • I I _ I I I I `• I I ° I I AMENDED LEGAL DESCRIPTION (PARCEL 1 A parcel of land situated in the Townsite of Cooperton and also within Government Lots 19 and 21 in the NW1/4 SE1/4 of Section 28, Township 7 South, Range 88 West of the 6th P.M. , County of Garfield , State of Colorado and being more particularly described by metes and bounds as follows: (Bearings as recited in this description are based upon the North -South centerline of said Section 28 as bearing S 01 °04'23"W. Monumentation found in the field at the Center 1/4 comer is a standard monument and aluminum cap, L.S. 14060 and the South 1/4 comer is a standard monument and aluminum cap PLS 27613) Beginning at a point on the North -South centerline of Section 28, point also being the Northwest corner of Government Lot 19, whence the East 1/4 corner of said Section 28 bears N 69°45'53" E a distance of 2862.14 feet, said East 1/4 corner being a 3.25" Alum. Cap, U.S. Dept. of Interior/BLM 1973; thence N 01 °04'23" E a distance of 256.85 feet along said North -South centerline of Section 28 to a point on the southerly right-of-way line of the Denver and Rio Grande Western Railroad; whence the Center 1/4 Comer bears N01004'23"E a distance of 1017.84 feet; thence along said southerly right-of-way the following four courses: 1) 260.24 feet along the arc of a curve to the right, having a radius of 1332.69 feet, a central angle of 11 01119", and the chord bears S 55029'54" E a distance of 269.83 feet; 2) 149.05 feet along the arc of a tangent curve to the right, having a radius of 473.67 feet, a central angle of 18°01'45", and the chord bears S 40.53'22" E a distance of 148.43 feet; 3) 74.01 feet along the arc of a tangent curve to the right, having a radius of 473.67 feet, a central angle of 8057'08", and the chord bears S 27*23*56" E a distance of 73.93 feet; 4) S 22°55'22" E a distance of 186.72 feet to a point on the centerline of the Roaring Fork River; thence departing from said right-of-way along the centerline of the Roaring Fork River the following two courses: 1) N 68*01'07" W a distance of 311.51 feet; i 2) N 47°18'39" W a distance of 182.29 feet to the point of beginning; whence the South 1/4 comer bears S01004'23"W a distance of 1713.13 feet; containing 2.18 acres more or less. 50 0 50 100 150 GRAPHIC SCALE IN FEET 1 INCH = 50 FEET �o 03 ""0 ^ r..wW dU #--�i Z L W� WN Fz zo ct J z; Udi aco . mW •U OIzE WW 14o m ; .. 4 3IL � IQ o ct p 'MQUi F N> J a d'z ct �C0 °o •i •r H m z o m 0 v m V � a L 3 0 a N N H 40 N M r Ell W G m a 73 W W t%. 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