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HomeMy WebLinkAbout5.00 Recorded Final PlatFOGEL MINOR UBDIVISION A Parcel of Land Situate in the NWI/4- of the SW1/4 of Section 30, Township 5 South, Range 91 West of the 6th P.M. County of Garfield, State of Colorado Vicinity Map Scale. 1 "=2000' COUNTY PLAT NOTES 1.) THE INTENT OF THIS MINOR SUBDIVISION PLAT IS TO RESUIIDIVIDE TRACT C PER RESOLUTION NO. 79-106 RECEPTION NO. 297605 INTO LOTS A, B & C OF THE FOGEL MINOR SUBDIVISION SHOWN HEREIN. 2.) LOTS B AND C ARE SUBJECT TO THE "NO BUILD AND PROTECTED VEGETATION AREA , DESCRIBED AS PARCEL A IN RECEPTION NO. 980202, AS SHOWN HEREON. COMMON PLAT NOTES SURVEYOR NOTES A. NOXIOUS WEEDS. CONTROL OF NOXIOUS WEEDS IS THE RESPONSIBILITY OF THE PROPERTY OWNER. 1.) DATE OF SURVEY WAS MAY 2021. B. OPEN HEARTH SOLID -FUEL FIREPLACES. . NO OPEN HEARTH SOLID -FUEL FIREPLACES WILL BE ALLOWED .ANYWHERE WITHIN THE SUBDIVISION. ONE NEW 2.) BASIS OF BEARINGS FOR THIS SURVEY IS A BEARING OF N89°37'30'E ALONG THE NORTH LINE OF THE NW1/4 OF SOLID -FUEL BURNING STOVE AS DEFINED BY C.R.S. 25-7-401, ET SEQ., AND THE REGULATIONS PROMULGATED THE SW1 /4 OF SECTION 30, T6S R91 W, BETWEEN THE W1 /4 CORNER, A FOUND 3-1 /4" BLM ALUMINUM CAP ON THEREUNDER, WILL BE ALLOWED IN ANY DWELLING UNIT. ALL DWELLING UNITS WILL BE ALLOWED AN 2-1 /2" PIPE 1 ' ABOVE GROUND STAMPED "1 /4 R92 W R91 W S25 S30 1989" AND THE CENTER WEST 1 / 16 CORNER UNRESTRICTED NUMBER OF NATURAL GAS BURNING STOVES AND APPLIANCES. SECTION 30 A FOUND #5 REBAR UPGRADED TO 30" #6 REBAR AND 3-1/4" ALUMINUM CAP STAMPED BOOKCLIFF C. EXTERIOR LIGHTING. SURVEY T5S R91 W W1 / 16 C-C S30 2021 PLS 36572". ALL EXTERIOR LIGHTING SHALL BE THE MINIMUM AMOUNT NECESSARY AND THAT ALL EXTERIOR LIGHTING SHALL BE DIRECTED INWARD AND DOWNWARD, TOWARDS THE INTERIOR OF THE SUBDIVISION, EXCEPT THAT PROVISIONS MAY BE MADE TO ALLOW FOR SAFETY LIGHTING THAT GOES BEYOND THE PROPERTY BOUNDARIES. 3.) THIS MINOR SUBDIVISION PLAT IS BASED ON: D. RIGHT TO FARM COLORADO IS A "RIGHT -TO -FARM" STATE PURSUANT TO C.R.S. 35-3-11, ET. SEQ. LANDOWNERS, RESIDENTS AND a. WARRANTY DEED RECORDED DULY 1, 1983 AS RECEPTION NO. 343626 AND VISITORS MUST BE PREPARED TO ACCEPT THE ACTIVITIES, SIGHTS, SOUNDS AND SMELLS OF GARFIELD COUNTY'S THE HAMMAR EXEMPTION RECORDED SEPTEMBER 18, 1979 RECORDED AS RECEPTION NO. 297605 AGRICULTURAL OPERATIONS AS A NORMAL AND NECESSARY ASPECT OF LIVING IN A COUNTY WITH A STRONG RURAL IN THE RECORDS OF THE GARFIELD, COUNTY, COLORADO CLERK AND RECORDER'S OFFICE. CHARACTER AND A HEALTHY RANCHING SECTOR. THOSE WITH AN URBAN SENSITIVITY .MAY PERCEIVE SUCH ACTIVITIES, SIGHTS, SOUND, AND SMELLS ONLY AS INCONVENIENCE, EYESORE, NOISE AND ODOR. HOWEVER, b. RESEARCH FOR RIGHTS -OF -WAY AND EASEMENTS OF RECORD ARE BASED ON LAND TITLE GUARANTEE STATE LAW AND COUNTY POLICY PROVIDE THAT RANCHING, FARMING AND OTHER AGRICULTURAL ACTIVITIES AND COMPANY ORDER NO. GW63018469-6 DATED MARCH 22, 2023. OPERATIONS WITHIN GARFIELD COUNTY SHALL NOT BE CONSIDERED TO BE NUISANCES SO LONG AS OPERATED IN CONFORMANCE WITH THE LAW AND IN A NON -NEGLIGENT MANNER. THEREFORE, ALL MUST BE PREPARED TO ENCOUNTER NOISES, ODOR, LIGHTS, MUD, DUST, SMOKE, CHEMICALS, MACHINERY ON PUBLIC ROADS, LIVESTOCK c. MONUMENTS FOUND IN PLACE AS INDICATED HEREON. ON PUBLIC ROADS, STORAGE AND DISPOSAL OF MANURE, AND THE APPLICATION BY SPRAYING OR OTHERWISE OF CHEMICAL FERTILIZERS, SOIL AMENDMENT, HERBICIDE, AND PESTICIDES, ANY ONE OR MORE OF WHICH MAY 4.) ALL DIMENSIONS SHOWN HEREON ARE RECORD AND AS -MEASURED UNLESS OTHERWISE INDICATED. NATURALLY OCCUR AS PART OF LEGAL AND NON -NEGLIGENT AGRICULTURAL OPERATIONS. E. MAINTENANCE OFFENCES, RURAL LIVING, ETC. 5.) ALL FOUND OR SET MONUMENTS ARE FLUSH WITH GROUND EXCEPT AS NOTED HEREON. ALL OWNERS OF LAND, WHETHER RANCH OR RESIDENCE, HAV9 OBLIGATIONS UNDER STATE LAW AND COUNTY REGULATIONS WITH REGARD TO THE MAINTENANCE OF FENCES AND IRRIGATION DITCHES, CONTROLLING WEEDS, 6.) THE LINEAL UNIT USED IN THE PREPARATION OF THIS PLAT IS THE U. S. SURVEY FOOT AS DEFINED BY KEEPING LIVESTOCK AND PETS UNDER CONTROL, USING PROPERTY IN ACCORDANCE WITH ZONING, AND OTHER THE UNITED STATES DEPARTMENT OF COMMERCE, NATIONAL INSTITUTE OF STANDARDS AND ASPECTS OF USING AND MAINTAINING PROPERTY. RESIDENTS AND LANDOWNERS ARE ENCOURAGED TO LEARN TECHNOLOGY. ABOUT THESE RIGHTS AND RESPONSIBILITIES AN ACT AS GOOD NEIGHBORS AND CITIZENS OF THE COUNTY. A GOOD INTRODUCTORY SOURCE FOR SUCH INFORMATION IS 'A GUIDE TO RURAL LIVING & SMALL SCALE AGRICULTURE" PUT OUT BY THE COLORADO STATE UNIVERSITY EXTENSION OFFICE IN GARFIELD COUNTY. 7.) ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS F. MINERAL RIGHTS. SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED THE MINERAL RIGHTS ASSOCIATED WITH THIS PROPERTY MAY NOT BE TRANSFERRED WITH THE SURFACE ESTATE UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF CERTIFICATION THEREFORE ALLOWING THE POTENTIAL FOR NATURAL RESOURCE EXTRACTION ON THE PROPERTY BY THE MINERAL SHOWN HEREON. ESTATE OWNER(S) OR LESSEE(S). G. DOMESTIC DOGS. DOGS KEPT ON THE PROPERTY SHALL BE IN A FENCED YARD OR ON A LEASH TO PREVENT HARASSMENT OF WILDLIFE. H. WILDLIFE -FRIENDLY FENCING. FENCING ON THE PROPERTY SHALL COMPLY WITH THE COLORADO PARKS AND WILDLIFE SPECIFICATIONS FOR WILDLIFE -FRIENDLY FENCING. I. SEPTIC SYSTEMS. ENGINEER -DESIGNED SEPTIC SYSTEMS ARE REQUIRED WITHIN THIS SUBDIVISION. SURVEYOR'S CERTIFICATE J. FOUNDATIONS. ENGINEER DESIGNED FOUNDATIONS ARE REQUIRED WITHIN THIS SUBDIVISION. K. IRRIGATION DITCHES I MICHAEL J. LANGHORNE, DO HEREBY CERTIFY THAT I AMA PROFESSIONAL LAND SURVEYOR LICENSED UNDER DITCH OWNER(S) RIGHTS: COLORADO STATE STATUTES 37-86-102 PROVIDES THAT ANY PERSON OWNING A WATER THE LAWS OF THE STATE OF COLORADO, THAT THIS PLAT IS A TRUE, CORRECT AND COMPLETE PLAT OF FOGEL RIGHT OR CONDITIONAL WATER RIGHT SHALL BE ENTITLED TO A RIGHT-OF-WAY THROUGH THE LANDS WHICH LIE MINOR SUBDIVISION AS LAID OUT, PLATTED, DEDICATED AND SHOWN HEREON, THAT SUCH PLAT WAS MADE BETWEEN THE POINT OF DIVERSION AND POINT OF USE OR PROPOSED USE FOR THE PURPOSE OF TRANSPORTING FROM AN ACCURATE SURVEY OF SAID PROPERTY BY ME, OR UNDER MY SUPERVISION, IS BASED ON MY WATER FOR BENEFICIAL USE IN ACCORDANCE WITH SAID WATER RIGHT OR CONDITIONAL WATER RIGHT. ANY KNOWLEDGE, INFORMATION AND BELIEF, AND THAT IT CONFORMS WITH THE CURRENT "STANDARDS FOR LAND IMPACT, CHANGE OR CROSSING OF A DITCH SHALL REQUIRE APPROVAL FROM THE DITCH OWNER. SURVEYS" OF THE COLORADO AES BOARD OF LICENSURE, AS WELL AS WITH RELATED SURVEY REQUIREMENTS OF CURRENT VERSIONS OF THE COLORADO REVISED STATUTES AND THE COUNTY OF GARFIELD REGULATIONS, THIS CERTIFICATE IS NOT INTENDED TO BE AN EXPRESS OR IMPLIED WARRANTY OR GUARANTEE OF ANY MATTERS EXCEPT THOSE STATED IN THE PRECEDING SENTENCE AND CORRECTLY SHOWS THE LOCATION AND DIMENSIONS COUNTY COMMISSIONER'S CERTIFICATE OF THE LOTS, EASEMENTS AND STREETS OF THE FOGEL MINOR SUBDIVISION AS THE SAME ARE STAKED UPON THE GROUND IN COMPLIANCE WITH APPLICABLE REGULATIONS GOVERNING THE SUBDIVISION OF LAND. BASED UPON THE REVIEW AND RECOMMENDATION OF GARFIELD COUNTY DIRECTOR OF COMMUNITY DEVELOPMENT, THE BOARD OF COUNTY C MISSIONERS OF GARFIELD COUNTY, COLORADO, HEREBY APPROVES IN WITNESS WHEREOF I HAVE SET MY HAND AND SEAL 10 LO THIS SUBDIVISION PLAT THIS DAY OF 0Z A.D., 2 FOR FILING WITH THE CLERK AND MICHAEL J. LANGHORNE, COLORADO P.L.S. #36572 ®� ��� RECORDER OF GARFIELD COUNTYAND FOR O YANCE TO THE COUNTY OF THE PUBLIC DEDICATIONS SHOWN O N0 \, ° , V HEREON; SUBJECT TO THE PROVISIONS THAT APPROVAL IN NO WAY OBLIGATES GARFIELD COUNTY FOR THE C�eZQ� y p s FINANCING OR CONSTRUCTION OF IMPROVEMENTS ON LANDS, PUBLIC ROADS, HIGHWAYS OR EASEMENTS -rs ; 36572z DEDICATED TO THE P LIC, EXCEPT AS SPECIFICALLY AGREED TO BY THE BOARD OF COUNTY COMMISSIONERS �3 p BY SUBSEQUENT R O ION. THIS APPROVAL SHALL IN NO WAY OBLIGATE GARFIELD COUNTY FOR THE 4I /23 s00e • ,---^ CONSTRUCTION, R AIR MAINTENANCE OF PUBLIC ROADS HIGHWAYS OR ANY OTHER PUBLIC DEDICATIONS OWN HERE "" �..• CHAIRMAN, AR COMMISSION GARFIELD C NT LO { WITNESS AW A EAL F TH COUNTY GARFIELD.41 s K ATTES A PAn C UNTY CL RK CERTIFICATE OF DEDICATION AND OWNERSHIP �' ING SOLE OWNER(S) IN FEE SIMPLE OF ALL THAT REAL PROPERTY THE UNDERSIGNED, LYMAN FOGEL, BE: SITUATED IN GARFIELD COUNTY, COLORADO, DESCRIBED AS FOLLOWS: A PARCEL OF LAND SITUATED IN LOT � OF SECTION 30, TOWNSHIP 5 SOUTH; RANGE 91 WEST OF THE SIXTH PRINCIPAL MERIDIAN, GARFIELD COUNTY, COLORADO, BEING MORE FULLY DESCRIBED AS FOLLOWS: TITLE CERTIFICATE BEGINNING AT A STONE FOUND IN PLACE AND PROPERLY MARKED FOR THE WEST QUARTER CORNER OF SAID fi b(ac KG. SECTION 30, THENCE NORTH 89 °3T 3L " EAST 764.13 FEET ALONG THE NORTHERLY LINE OF SAID LOT 3; THENCE I, ,chy i S e r d SOUTH 01 °26'00" EAST 950. 01 FEET; THENCE SOUTH 89*31'15" WEST 116. 67 FEET; THENCE SOUTH 00'22'40" OR AGENT AUTHORIZED BY A TITLE INSURANCE COMPANY, DO HEREBY CERTIFY THAT I HAVE EXAMINED THE TITLE TO EAST 361.61 FEET, MORE OR LESS A POINT ON THE SOUTHERLY LINE OF SAID LOT 3; THENCE SOUTH ALL LANDS SHOWN UPON THIS PLAT AND THAT TIT#.E TO SUCH LANDS IS VESTED IN LYMAN E. FOGEL FREE 89'31 '15" WEST ALONG THE SOUTHER Y LINE OF SAID LOT 3, 664. 46 FEET MORE OR LESS, TO A POINT ON AND CLEAR OF ALL LIENS AND ENCUMBRANCES (11ItLVDING MORTGAGES, DEEDS OF TRUST, JUDGMENTS, EASEMENTS, THE WESTERLY LINE OF SAID LOT 3; THENCE NORTH 00'24'00" WEST ALONG THE WESTERLY LINE OF SAID CONTRACTS AND AGREEMENTS OF RECORD AFFECTING THE REAL PROPERTY IN THIS PLAT), EXCEPT AS FOLLOWS: LOT 3, 1312.87 FEET, MORE OR LESS TO SAID QUARTER CORNER, THE POINT OF BEGINNING. BANK OF COLORADO, DEED OF TRUST, RECORDED AT RECEPTION NO. 979151 TOGETHER WITH A NON-EXCLUSIVE EASEMENT AND RIGHT-OF-WAY FOR ACCESS AND UTILITY PURPOSES OVER AND ACROSS THE NORTHERLY 35 FEPT OF SAID LOT 3 AND THE EASTERLY 35 FEET OF SAID LOT 3 NORTHERLY ZANG FAMILY TRUST, PROPERTY LINE AGREEMENT WITH PROMISSORY NOTE., RECORDED AT RECEPTION NO. 980202. FROM THE INTERSECTION OF THE COUNTY ROAD KNOWN AS INGERSOLL LANE WITH THE EAST LINE OF SAID 2 2 q f't- DAY OF Z r ! • LOT 3. DATED THIS A.D. 20 ? CONTAINING 22.377 ACRES, MORE OR LESS, HAS [HAVE] CAUSED THE DESCRIBED REAL PROPERTY TO BE TITL COMPANY: 1AKd 1 T I le (JQY6{ t�l� wl D GlI'� SURVEYED, LAID OUT, PLATTED AND WBDIVIDED INTO LOTS AND BLOCKS AS SHOWN ON THIS PLAT UNDER THE NAME AND STYLE OF FOGEL MINOR SUBDIVISION, A SUBDIVISION IN THE COUNTY OF GARFIELD. THE OWNER(S) DO(ES) HEREBY DEDICATE AND SET APART ALL OF THE STREETS AND ROADS AS SHOWN ON THE ACCOMPANYING PLAT TO THE USE OF THE PUBLIC FOREVER, AND HEREBY DEDICATE(S) TO THE PUBLIC AGENT UTILITIES THOSE PORTIONS OF SAID DEAL PROPERTY WHICH ARE LABELED AS UTILITY EASEMENTS ON THE ACCOMPANYING PLAT AS PERPETUAL EASEMENTS FOR THE INSTALLATION AND MAINTENANCE OF UTILITIES, OR IRRIGATION AND DRAINAGE FACILITIES INCLUDING, BUT NOT LIMITED TO, ELECTRIC LINES, GAS LINES AND TELEPHONE LINES, TOGETHER WITH THE RIGHT TO TRIM INTERFERING TREES AND BRUSH, WITH PERPETUAL ATTORNEY RIGHT OF INGRESS AND EGRESS FOR INSTALLATION AND MAINTENANCE OF SUCH LINES. SUCH EASEMENT AND COLORADO ATTORNEY REGISTRATION NO. RIGHTS SHALL BE UTILIZED IN A REASONABLE AND PRUDENT .MANNER. ALL EXPENSE FOR STREET PAVING OR IMPROVEMENTS SHALL BE FURNISHER BY THE SELLER OR PURCHASER, NOT BY THE COUNTY OF GARFIELD. 120. E UTED IS YOF A.D., 20 LIENHOLDER CONSENT AND SUBORDINATION THE UNDERSIGNED, BEING THE BENEFICIARY UNDA,t A DEED OF TRUST GRANTED BY THE OWNER(S) UPON THE REAL PROPERTY PLATTED AND DIVIDED AS SHOWN UPON THE WITHIN [EXEMPTION] PLAT, CERTIFIES THAT THE UNDERSIGNED HAS REVIEWED THE [EXEMPTION] PLAT AND BY THIS CERTIFICATION HEREBY CONSENTS TO SAID (EXEMPTION] PLAT AND TO THE RECORDING THEREOF. BENEFICIARY FURTHER CONSENTS TO SAID [EXEMPTION] PLAT AS STATED IN THE CERTIFICATE OF DEDICATION AND OWNERSHIP EXECUTED BY THE OWNER(S) HEREON, AND HEREBY SUBORDINATES ANY INTEREST THAT BENEFICIARY MAY HAVE IN AND TO THE PROPERTY SUBJECT TO SUCH DEDATION, TO THE ENTITY(IES) OR THE GENERAL PUBLIC TO WHICH SUCH DEDICATION IS MADE. uEivgj6LDER STATE OF COLORADO ) SS COUNTY OF GARFIELD ) THE FOREGOING CERTIFICATE OF DEDICATION AND OWNERSHIP WAS ACKNOWLEDGED BEFORE ME THIS 10th DAY OF A.D., 20 , BY MY COMMISSION EXPIRES: WITNESS MY HAND AND OFFICIAL SEAL. f w� OTARY PU C LIENHOLDER CONSENT AND SUBORDINATION THE UNDERSIGNED, BEING THE BENEFICIARY UNDER A DEED OF TRUST GRANTED BY THE OWNER(S) UPON THE REAL PROPERTY PLATTED AND DIVIDED AS SHOWN UPON THE WITHIN [EXEMPTION] PLAT, CERTIFIES THAT THE UNDERSIGNED HAS REVIEWED THE [EXEMPTION] PLAT AND BY THIS CERTIFICATION HEREBY CONSENTS TO ,SAID [EXEMPTION] PLAT AND TO THE RECORDING THEREOF. BENEFICIARY FURTHER CONSENTS TO SAID [EXEMPTION] PLAT AS STATED IN THE CERTIFICATE OF DEDICATION AND OWNERSHIP EXECUTED BY THE OWNERS) HEREON, AND HEREBY SUBORDINATES ANY INTEREST THAT BENEFICIARY MAY HAVE IN AND TO THE PROPERTY SUBJECT TO SUCH DEDICATION, TO THE ENTITY(IES) OR THE GENERAL PUBLIC TO WHICH SUCH DEDICATION IS MADF_ STATE OF COLORADO ) : SS COUNTY OF GARFIELD ) THE FOREGOING CERTIFICATE OF DEDICATION AND OWNERSHIP WAS ACKNOWLEDGED BEFORE ME THIS yt CQ4 -D1Y OF R1 L. A.D., 20-cl+13 , BY jlohN Crt$ ' A-3 rt-mSleo- o,F i--ZA41 J: rg&I ly 7 i MY COMMISSION EXPIRES: 7-1S--Q5- WITNESS MY HAND AND OFFICIAL SEAL. TARY PUBLIC LYMAWG*501 IN,SOLL LANE SILT, CO 81652 STATE OF COLORADO ) SS COUNTY OF GARFIELD ) THE FOR OING CER FICATE OF DEDICATION AND OWNERSHIP WAS ACKNOWLEDGED BEFORE ME THIS DAY OF A:-D , 20�, BY !.6'1 - MY COMMISSION EXPIRES: Ej -40 L WITNESS MY HAND AND OFFICIAL SEA._ F a4 NOTARY PU)Wj CERTIFICATE OF TAXES PAID 1, THE UNDERSIGNED, DO HEREBY CERTIFY THAT THE ENTIRE AMOUNT OF TAXES AND ASSESSMENTS DUE AND PAYABLE AS OF A PRo L 10 , 72 3 UPON ALL PARCELS OF REAL TATE DESCRIBED ON THIS PLAT ARE PAID IN FULL. JZ 200 7y(®� r� DATED THIS DAY OF A.D., 20 Z ' v) Ot TREASURER OF GARFIELD tOTTIVTY COUNTY SURVEYOR'S CERTIFICATE APPROVED FOR CONTENT AND FORM ONLY AND NOT THE ACCURACY OF SURVEYS, CALCULATIONS OR DRAFTING, PURSUANT TO C.R.S. § 38-51-101 AND 102, ET SEQ. DATED THIS 2-7DAY OF il- t L_ A.D. 20 Z3 . CLERK A RECORDER'S CERTIFICATE THIS PLAT WAS FILED FOR RECORD N THE OFFICE O THE CLERK AND RECORDER OF GARFIELD COUNTY, COLORADO, AT'1- J O'CLOCKA- THIS _,V DAY OF MM A.D., 20Z..5—, AND IS DULY RECORDED AS RECEPTION NO. QQA D 29 Q ATTEST !h G Z 3.OD AND RE(MRDER BY: DEPUTY z r� Q U Z w� a Z O W) . 1a in \ W z W —J Lf) C! � C)- 00 O Z W U Z -�-) O FILE: MNR SUB DFT. TL CK. MJL DATE: 5/28/21 PROJECT NO. 21041-01 SHEET 1 OF 2