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HomeMy Public PortalAboutPC Resolution 2001-03-07 Granting an Outright Exemption from the Provisions of the Fraser Subdivision Regulations for the Purpose of Revising the Lot Lines of Parcels A and B of Clayton's Subdivision Exemption-- i_ 11 III 111,1 II 111 Ilil~li ~ 1111 11 I N i ARA L R 5Ep003-009188 07/22/2003 11:18A RESOLUTI 1 of 9 R 46.00 D 0.00 GRAND COUNTS CLERK TOWN OF ERASER RESOLUTION NO. 7-1-03 A RESOLUTION GRAN i iNG AN OUTRIGHT EXEMPTION FROM THE PROVISIONS OF THE ERASER SUBDIVISION REGULATIONS FOR THE PURPOSE OF REVISING THE LOT LINES OF PARCELS A AND B OF CLAYTON'S SUBDIVISION EXEMPTION, IN .~ ~ THE TOWN OF ERASER, COLORADO. -N °V/~~ Mid p~ w WHEREAS, the Board of Trustees of the Town of Fraser is authorized, pursuant to State ~~r ~~ Yra ~~ Statutes and Article 12-2 of the Fraser Town Code, to exempt specific divisions of property from ~' ; ; ~ the requirements of Articles 12-3 through 12-6 of the said Town Code, otherwise know as the _. ~~~ `~} w Fraser Subdivision Regulations; c_ ~~~ ~ ~~ y,t~ O ~.~ . - AND WHEREAS, an application for such an exemption has been presented for the ~,~9~ ;,~ ~ ~ t? purpose of revising the common lot lines between certain properties owned by the Town of w Fraser and Michael D. Holahan and James R. Holahan ,respectively, said properties being ~ described as follows: ~a~~~ i~, [~ ~ ~ ' t...: ~ ~~ Parcel A, Clayton s Subdivision Ex~.uYtion, owned by Michael D. Holahan and James R. `~•' ~ ~ p Holahan; and c~~~~~H _ ~:~ ~ ~~ ~ ~ ~ Parcel B, Clayton's Subdivision Exemption, owned by the Town of Fraser; a.,~aaw r~~~ ~~''~~~ AND WHEREAS, this Board has reviewed said application requesting an exemption ~~~~H ~ from the applicability of the Fraser Subdivision Regulations and State Statutes; ~:a~aa.E" AND WHEREAS, this Board does find and determine that the proposed exemption is ~~~0 ar ®~z uY~,.apriate pursuant to the provisions of Section 12-2-1 of the Town Code; ~ ~ ~i t<~t!e~ ~~~~ NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE ®©~ TOWN OF FR.ASER, STATE OF COLORADO, as follows: c,ca~,w ~ ~° ~ (1) An exemption from the Fraser Subdivision Regulations is hereby granted pursuant to ~T~~wUpp Section 12-2-1 of the Fraser Town Code for the division of Parcels A and B of Clayton's ~; O ~?p~ Subdivision Exemption, to revise the common lot lines between said parcels as illustrated on Kq ~ ~ Exhibit "A" attached hereto. ~~~~ ~~~' w p (2} Upon adoption of this Resolution and recording of a certified copy hereof in the =;,'. f ®W records in the office of the Clerk and Recorder of Grand County, Colorado, the lot lines of said ~--° ~ Parcels A and B of Clayton's Subdivision Exemption shall be permanently revised, as illustrated on Exhibit "A", and said parcels shall be legally described as follows: s~ ~ s~~ii~iiia~i'i0iiioii~Aifiiioiii i i ii 6E~@@3-@@918E ®7122/2@@3 11:18A RESOLUTI®N SARA L R 2 of 9 R 4f.@0 D @.@0 GRAND COUNTY CLERK (a) Legal description of Parcel A. Amended Clayton's Subdivision Exemption situated in a portion of the northeast one-quarter of Section 19, Township 1 South, Range 75 West of the 6`" Principal Meridian, Town of Fraser, County of Grand, State of Colorado: Considering the southerly line of that parcel described at Book 161, Page 260 of the Records of Grand County to beaz S 71°29'00"Was evidenced by a %Z" diameter rebaz situated at the southeast corner of said parcel and an aluminum cap, PLS #31942 situated at the southwest corner of said pazcel and with all bearings contained herein relative ~~, thereto said Pazcel A is more particulazly described as follows; _~ ~ `: ~ Commencing at the southeast corner of that pazcel described at Book 161, Page 260 (%Z" ~;±~ diameter rebaz); Thence S 71°29'00" W, along the southerly line of that parcel described ~;`~~~ at Book 161, Page 260, a distance of 142.71' to an aluminum cap, PLS #31942 situated at ~~ ~~ ~ the northeast comer of said Parcel A and the true POINT OF BEGINNING; Thence S 'mow 03°31'00" E a distance of 100.00'to an aluminum cap, PLS #31942; Thence S 79°29'00" ~; ~ W a distance of 153.05' to a point from whence a witness corner bears N 79°29'00" E a ~ W distance of 30.0'(aluminum cap, PLS #31942); Thence N 09°52'20" W a distance of ~ ~ ~ 54.47' to a point from whence a witness corner bears N 46°01'44" E a distance of 30.0' ~~~;~~. ~ ~ ~ p (aluminum cap, PLS #31942); Thence N 46°01'44" E a distance of 49.88' to an aluminum ~~~ ®v~ ca PLS # 31942• Thence N 71°29'00" E a distance of 19.65' to an aluminum cap, PLS # e~~~-°, A w~ °' ~ x 31942; Thence N 46° 16'03" E a distance of 48.63' to an aluminum cap, PLS # 31942; ~~~>~~ ~°' ~ ' ~ c~. Thence S 18°26'35" E a distance of 20.72' to an aluminum cap, PLS # 31942 situated at ~~ ®® the southwest corner of that parcel described at Book 161, Page 260; Thence N 71°29'00" ~ ~~~ E along the southerly line of that parcel described at Book 161, Page 260 a distance of °~ ~ - ~^ ~ 60.60 to the true POINT OF BEGINNING. ~"`~ ~~' ~~~w ~~>~ Said Parcel A contains plus or minus 13852.07 square feet and / or 0.32 acres. ~~~w ~, p ~ [NOTE: Description prepazed for Michael D. and James R. Holahan by Timothy R. ~~® Shenk, PLS #31942, on behalf of Tim Shenk Land Surveying, Inc., Box 604, Fraser, CO E ®~ ~ 80442; 7-10-2003 .] ~~ `°~ ~~~ (b) Legal description of Parcel B. Amernl,P.d, !".t~vton's Subdivision; EXc~iivtion situated in a ca®p~ portion of the northeast one-quarter of Section 19, Township 1 South, Range 75 West of ~ ~~ the 6~' Principal Meridian, Town of Fraser, County of Grand, State of Colorado: ~~WC~,t Considering the southerly line of that parcel described at Book 161, Page 260 of the ~®~~ Records of Grand County to bear S 71°29'00"Was evidenced by a 1/z" diameter rebar v W ~ ~ situated at the southeast corner of said parcel and an aluminum cap, PLS #31942 situated at A w ~ ® the southwest comer of said parcel and with all bearings contained herein relative thereto ~, ~ U said Parcel B is more particularly described as follows; ~~®w _.~~;-.~ -2- ýÿ II I II III ' II III II II II I~ L R 5ER®03-009198 07l22/200~ 11:18A RESOLUTYON SAR 3 of 9 R 46.00 D 0.00 GRAND COUNTY CLERK Commencing at the southeast corner of that pazcel described at Book 161, Page 260 (%z" diameter rebaz); Thence S 71°29'00" W, along the southerly line of that parcel described at Book 161, Page 260, a distance of 203.31' to an aluminum cap, PLS #31942 situated at the southwest comer of that parcel described at Book 161, Page 260 and the true POINT OF BEGINNINGS Thence N 21°06'12" E along the westerly line of that parcel described at Book 161, Page 260 a distance of 162.57' to the northwest corner of that parcel described at Book 161, Page 260; Thence S 71°36'44" W a distance of 37.68' to a point; Thence S 40° 16'44" W a distance of 196.17' to a point; Thence S 09°52'20" E a distance of 45.63' to a point from whence a witness corner beazs N 46°01'44" E a distance of 30.0' (an aluminum cap, PLS #31942); Thence N 46°01'44" E a distance of 49.88' to an aluminum cap, PLS # 31942; Thence N 71°29'00" E a distance of 19.65' to an aluminum cap, PLS # 31942; Thence N 46° 16'03" E a distance of 48.63' to an aluminum cap, PLS # 31942; Thence S 18°26'35" E a distance of 20.72' to the POINT OF BEGINNING. Said Pazcel B contains plus or minus 10762.93 square feet and / or 0.25 acres. [NOTE: Description prepazed for The Town of Fraser by Timothy R. Shenk, PLS #31942, on behalf of Tim Shenk Land Surveying, Inc., Box 604, Fraser, CO 80442; 7-10- 2003.] (3) Each of said revised parcels, identified as Pazcels A and B of Amended Clayton's Subdivision Exemption, as illustrated on the attached Exhibit "A", may hereafter be sold, transferred, conveyed and encumbered only as a single pazcel as legally described herein. (4) The foregoing divisions and lot line revisions are not within the purpose and intent of the Fraser Subdivision Regulations or the Statutes of the State of Colorado relating to the subdivision of land and shall be and hereby aze exempted from the application of said Regulations and Statutes. (5) That the granting of this exemption from the Fraser Subdivision Regulations and the Statutes of the State of Colorado in no way relieves the present or future owner or owners of the property described herein fi.,l~~ complying with said Regulations and State Statutes or any amendment thereof or additions thereto regarding any future division or development of said property to which such Regulations and Statutes are applicable. Furthermore, the granting of said exemption shall not constitute a waiver of any of the requirements of any and all other statutes, ordinances and regulations applicable to said property; such as, but not limited to, any applicable zoning ordinance or building code. ~'IiI;, l~~1CUluIEN'I` CSR PA12T5 T~IEI~Ir(~F AI~~ PNOT~i C~JPI~S GI: ILLEGII~LE PRINT. I'f IS ~ ('~F,PTEI~ '.~ ~`!TA ?~~'^~A~'~i~T~.r~q ~ATi., { F ~~+,~t`yU ~.'~ ~A~ T ~ 'T~°I~TIa~RINC ~AA4E C.rJi~' ~ `~'; r~ -::~ ~~i' -3- ýÿ If f II III I fl III l If I Ifll -III 5Eq®®3-®®9188 ®?/2202@3 11:18A RESOLUTION SARA L R 4 of 9 R 46.Q10 Q 0.00 GRRN® COUNTY CLERK PASSED, ADOPTED AND ArrxOVED BY~THE BOARD OF TRUSTEES OF THE TOWN OF ERASER, COLORADO, THIS day of ~rc~ 2003. ~~ ~~ ~~ ,~o 5~. (SEAL) APPROVED BY PROPERTY OWNERS: BOARD OF TRUSTEES OF THE TOWN OF ERASER, COLORADO Dennis K. Soles, Mayor At 1ST: ~o~ ~' o~~{, ~~~® n Molly McC dless, Town Clerk d PARCEL A: ~Q.. G (/- . Michael D. Holahan „ _ R I~,~.,.. ~ J es R. Holahan STATE OF COLORADO ) SS COUNTY OF GRAND ) The foregoing instrument was acknowledged before me this /r~ day of -~U~c~ , 2003, by Michael D. Holahan and James R. Holahan . 4" Witness my hand and official seal. My Commission expires: .~/ 3 ~b gpRY L) CHEt~YL a CHESSON Notar,~ublic -4- n~~~ ~z'~~ ~`~"~o ~~ ~~~~ ,ax,;br~ ~~~~~,~ ~~:: ~ ~ r" ~ C`~ coa ~~'~~ p~-~t~ C~ ~°~.j ~~ ~ ~'' C..~'~9 H' Ca xoYr ~~~,r may, L,, ~~ [yy~~aa ~~„~~ O °~~? ~ ~~ _, y~:~ij~~ ~~~C~~ ~7 `~ ~~~J~ ~~~,~ ~y~r~ h ®°~j' ~~ ~ ~~ ~~t~ din ~~~ 1.~ ,~,^ h'Y Vl y~ OF C ýÿ ~i i a~ iii ~~' i ii ii - ~'i-'~ ii_ ~E6®03-009166 07422/2003 11c16A RESOLUTION SARA L R 5 of 9 R 46.00 D 0.00 GRAND COUNTY CLERK PARCEL B: THE TO OF ERASER, COLORADO y,,~ OF F ~/' ~O Dennis K. Soles,lVYayor ~~~ At~ SST: ~r ~r ~~coA~~ Molly McCa~iless, Town Clerk STATE OF COLORADO ) SS COUNTY OF GRAND ) (SEAL) The foregoing instrument was acknowledged before me this /S~ day of !j , 2003, by Dennis K. Soles, Mayor, and Molly McCandless, Town Clerk, of the To~raser, Colorado. Witness my hand and official seal. My Commission expires: .~''/~ 31o G ~ L) CHERYL 0. CHESSON Nota ublic c~GFIE~ ~~ ILLEG~ELE P~II~T`I'. ~ r IS p~gpp ~p ~ ~'GF REF ~''~~~~ r~ 7 ~q y ~Iyc"JERS I'C y ~ 8 S d'3I`a~e~ ~E-7..~e Y"~b-di Si i°•. F~~.T'~a~~~~d~ "w~'~I'S~',13 ~. ~.J ~.s ~I~I:> 1~O~U1~ET`I'I° ®I: LIALITY GF ~~~; ~'.Gv?~~:~I`IOI'~ pF'THt~ ~,GCEP'TET~ F®E REC®;.;DING ONLY F3E~F~tJ:~E ~'~~~ ~ ' - y- I'~ FE e~-JFFIDGCUI IENTi WILL NOTGBE THE I+PsLILT vi; ZI-~IS ®FFICE. I~ECCJT~i?~I> -5- ~N~ ~~~ ..•-r'~~ ~,~0 ~ ~ ~~'~ .. i '~ ~ "~ a~~ ~~, .~, ~, i81~G' 280 ~ N B o, - op ~9s ~/ ~, r ~,, PARU~L ~ ~, . 198344 ., ~ z -~ ~C ~ ~ ' s ~ .~~ v P~1~ ~A~Oj4'$~ PARCEI- p' 1~p0 ~ / ~ . '~ ~ ryISION EXE ~~ 5 ~~' ~ 1070 ~5 A~~g AC~,S~1~~9h ' . ~~ / 114N OF BOUNDARS <~ ~ ' 1f P ~ P 9$ ~, jo BE ~~ , . REC. ~ VpCp'iED ,~ ~ C i CI'~ ~ y ~ ~ BECN~95010993 0 ~ pAR~~AnoN's J ~ AN~NpEO EXEMPTION ~ "- r, ~ ~ gU8 3852A7 S0. ~• SCplkt 1 4 p,32 ACRES ~~ w.c. EGEI81 0~i 3 PA pAACEL CLAYTON'SN AMENpEp EXEM4T10 SugpIVVSiON ~~ ~, ~+ ~2 ~ P,o~, eon ~2 30' W.C. Fpi'~97~'1Z6.2031 IRNER oz ow°: X089•°' ~°` 02pg9'°7 ptE: 07-t0- 3~g42 _ ~ ,~a:o~9 :8 AP PLS # Ct~Q~.Q~'3?1 To ~~ yaN'~'I1t~. ~.~~~.naon l UPGRADED ~ ~ia~ Q~J.d~~ ~b NtINUM CAP •~a13~a SI~I~~®~ ~,i~dn~a~~ hn~.a a~~a.~oa~ ~at,~anaoa~a~, ~. ~~. ~. ~a~~~~~ sx~~a ~,a ~~~~,naaa ,tt~ ~~~~ ~° as.a~.a~ ~~~ 9, r~ _ ~:.,~s~,~~~a as s~~~aa ii i ii tip iii ~ ii ii i its iii ii 5E4®03-009188 07'/2/2003 11:18A RESOLUTION SARA L R 7 of 9 R 46.00 D 0.00 GRAND COUNTY CLERK TIM SHENK LAND SURVEYING, INC. _ _ _ _ _ BOX 604 FRASER C0.80442 PHONE: 970-726-2031 FAX: 970-726-2035 EXHIBIT "A" PAGE No. 2 LEGAL DESCRIPTION A legal description of the centerline of a waterline easement situated on portions of Pazcel A & Pazcel B, Amended Clayton's Subdivision Exemption being situated in a portion of the northeast one-quarter of Section 19, Township 1 South, Range 75 West of the 6th Principal Meridian, Town of Fraser, County of Grand, State of Colorado, portions of said easement being 16.00' wide, the sidelines of which shall be 8.00' on each side and at right angles to said centerline and portions of said easement shall be 20.00' wide, the sidelines of which shall be 10.00' on each side and at right angles to said centerline. Considering the southerly line of that parcel described at Book 161, Page 260 of the Records of Grand County to bear S 71°29'00"Was evidenced by a %2" diameter rebaz situated at the southeast corner of said parcel and an aluminum cap, PLS #31942 situated at the southwest corner of said pazcel and with all bearings contained herein relative thereto said centerline is more particulazly described as follows; Commencing at the southeast corner of that pazcel described at Book 161, Page 260 (%2" diameter rebaz); Thence S 71°29'00" W, along the southerly line of said parcel, a distance of 203.31' to an aluminum cap, PLS #31942 situated at the southwest corner of said parcel; Thence N 21 °06' 12" E, along the westerly line of said parcel, a distance of 44.05' to the true POINT OF BEGINNING; Thence S 46° 16'03" W, along the centerline of that portion of easement which is 16.00' wide, a distance of 91.03' to the point of terminus of the 16.00' wide portion of easement (said point is also the point of beginning of the 20.00' wide portion of easement); Thence S 11°04'47" W, along the centerline of that portion of easement which is 20.00' wide, a distance of 23.66' to a point; Thence S 20°57'12" E, continuing along the centerline of that portion of easement which is 20.00' wide, a distance of 57.42' to the southerly line of Parcel A, Amended Clayton's Subdivision Exemption and the POINT OF TERMINUS. The sidelines of said easement shall be extended, intersected or shortened as necessary to provide contiguity. Prepared for The Town of Fraser by Timothy R. Shenk, PLS #31942, on ~ehalf of Tim Shenk Land Surveying, Inc. 7-10-2003. _,~~~~~`~~'p ~REn:~~'~~i.._ • i ;~ ;~s , " ~ ,. ''~ii,,~N4t LAN~_,,~ ýÿ II I li III III Ili 11 III I II 5E61003-009185 07/2212003 11:18A RES®LUTLON SARA L R 8 of 9 R 46.00 D 0.00 GRAND COUNTY CLERK TIM SHENK LAND SURVEYING, INC. BOX 604 FRASER C0.80442 PHONE: 970-726-2031 FAX: 970-726-2035 EXrunIT "A" ~, PAGE No. 3 LEGAL DESCRIPTION A legal description of Pazcel B, Amended Clayton's Subdivision Exemption situated in a portion of the northeast one-quarter of Section 19, Township 1 South, Range 75 West of the 6`" Principal Meridian, Town of Fraser, County of Grand, State of Colorado. Considering the southerly line of that parcel described at look 161, Page 260 of the Records of Grand County to beaz S 71°29'00"Was evidenced by a 1/2" diameter rebaz situated at the southeast corner of said pazcel and an aluminum cap, PLS #31942 situated at the southwest corner of said pazcel and with all bearings contained herein relative thereto said Parcel B is more particulazly described as follows; Commencing at the southeast corner of that pazcel describ~:d at Book 161, Page 260 ('/2" diameter rebar); '~, Thence S 71°29'00" W, along the southerly line of that parcel described at Book 161, Page 260, a distance of 203.31' to an aluminum cap, PLS #31942 situated at the southwest comer of that parcel described at Book 161, Page 260 and the true POINT OF BEGINNING: Thence N 21 °06' 12" E along the westerly line of that pazcel described at Book 161, Page 260 a distance of 162.57' to the northwest corner of that parcel described at Book 161, Page 260; Thence S 71°36'44" W a distance of 37.68' to a point; ~I Thence S 40° 16'44" W a distance of 196.1 T to a point; Thence S 09°52'20" E a distance of 45.63' to a point from whence' a witness corner beazs N 46°01'44" E a distance of 30.0' (an aluminum cap, PLS #31942~j; Thence N 46°01'44" E a distance of 49.88' to an aluminum cap, P S # 31942; Thence N 71°29'00" E a distance of 19.65' to an aluminum cap, PI,S # 31942; Thence N 46°16'03" E a distance of 48.63' to an aluminum cap, PI,S # 31942; Thence S 18°26'35" E a distance of 20.72' to the POINT OF BEGINNING. Said Parcel B contains plus or minus 10762.93 squaze feet Land / or 0.25 acres: Prepazed for The Town of Fraser by Timothy R. Shenk, PLS #31942, on behalf of Tim Shenk Land Surveying, Inc. 7-10-2003. _.,,,,,,,_._ Y'1:IIu DOCUMENT ~R PARTS T~IEREbIi' ARE T'fI~TC~ ~~L9PIES c,~ ILLEGILtLE PRII~!'.~. I`1° 1~ ~CCEr~'r ~,Y~ F®b', FEC®RI~IP~i(~ ®1`+TL~I BECF~USA~ PFD, ~'T~ `1•'E~IT~E ~Il~1G r? ?~~~; ~~%~S?'~3ERS I G T'C~ 3F STJF~'IGx.L~l~T z ?~ CsF.~ ]FITS PIJRPC)SE. ~1~;~.I,iT'~` ;J;~' ~';: `~~=`,.~T_I%`..` ^'':t'i~d ~~ I'Iril~: ttF:CCj~"1j~;;i~ rtUCliWi~l'~d'1 'vVI:.~., i+i~l P~'.'I°ai~ Hr°~U:l ~l4-'"I~~'iI~ Ori~I~~. t'il'l aww'i i iii i ii -i_ ii i ri iii 5EN®03-009166 0722/2003 11:18A RESOLUTION SARA L R 9 0#' 9 R 46.00 D 0.00 GRAND COUNTY CLERK I hereby certify that the preceding/ attached eight-page document is a true, exact, complete and unaltered photocopy of the original of Town of Fraser Resolution No. 07-01-03. Town of Fraser, Colorado ~O ~~ FAT, Molly Mc dless, Town Clerk CO~OR~~O Dated: // 3 I'HI~.~ I?OCUA~ENT ®R PARTS THEREOF ARE P~1O'I'O COPIES t;w ILLEGIBLE PRIN`T'. IT I`_. ~CCEt~i r,D FOR RECORDING O1~L"Y BECAUSE:. PAP T ~t TENDIiJRII+IG S,~ll~iE COIV~IDERS I`' , 1'O BE S~JFFICIEPI'T' ~°®R HIS PURPOSE. ~UALITY ®F ?~£~PI~®DTJCT'IC.~l~T ®F'I'I-1~; PF;C+~R~'3,~;e~ DCiL~:{i,±~di "v+i?:.L :^~'t~9^! P~~ T IE r,=1Ui,T C+~^ T~-ii~ L~~'?<'ICE.