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Home My WebLink Aboutpitkin.planning.246514103001, 246514200005.T. DOCUMENT LAYOUT THIS FILE MAY OR MAY NOT CONTAIN ALL OF THE INFORMATION LISTED BELOW IN THE FOLLOWING ORDER Summary Sheet Resolution for the BOCC and/or P&Z Ordinance for the. BOCC and/or P&Z Determination for the Hearing Officer Administrative Determination Staff Memo Application Public Notice, Acceptance Letter, Referral(s) Letter Site Plan Miscellaneous Plat copies (llxl'n I ~ ,,,; _ ~: .~ ,.. ,..~ ~; a ne~ebka~`kiwi.a?YflY~~4+:,=,.~a.S~*~Nt'~~'~~„""~"~+*~,r.~v~.ar~ea4~<~`,Vs~.#~r~ar-rte ._ t 1 _,, > EODh c75~ PAG£J t~ RESOLUTION OF THE PITICZN COUNTY BOARD OF COUNTY COMMISSIONERS f..r -.. _ .,. ~ _~. ,~. GRANTING SUBDIVISION EXEMPTION APPROVAL TO ELMER D. HOLMES AND ROBERT ARNOLD__FOR AN APPROXIMATELY 2.29.. ACRE Recorded at ~ ~ ~ o'cbdc~M Z-18'g1 LOT. LINE ADJUSTMENT _ ~ece on No . 2 a s 9 0 ~ -- Resolution No. 87-1Qy~/ SILVIA DAVIS PITKtN (AUNTY RECORDER WHEREAS, Elmer D• Holmes__and Robert Arnold (hereinafter "Applicants") have applied to the Pitkin County Board of County Commissioners (hereinafter "Board") for a Subdivision. .Exemption to do a lot line adjustment to exchange 2.3 acres of land (as described in Exhibit "A") pursuant to Section 4-2.2(a)(2) of the Land Use Code; and WfD:':REAS, the Board heard ths_application at their regularly scheduled public meeting on April 13, 1987; and WHEREAS, the Board finds .,that this. proposal complies with the provisions of Section__4-2.2(a)(2) of the Code in that the lot.. line adjustment will not create more than the original number of lots, the purpose of this proposal is not the creation of _a new parcel for development or resale purposes, and the resulting lots will continue to conform to the minimum lot size requirements. NOW, THEREFORE, BE IT RESOLVED. by the Board that it does hereby grant approval of the lot ,line adjustment to the appli- cants subject to the following conditions:... 1) The applicant shall submit_a 24 x 36 mylar survey for recording which. shows the, applicants' parcels :and the acreage to be exchanged. `Said survey shall meet the approval of the County Attorney and Planning Office prior to signing by the Chairman of the Board... 2j A note shall be placed on the survey which states that the 2.29 acres being added to the Arnold property shall never be used to calculate land area available for __..., __..,,._ ... .w_,_ ..._ .rv,. .... development purposes. _, , ~ ~ n~.~ waa.. r... a„,, s _ .1 a ~,' ( r ~_.~. . eonx 553 pacF372 Resolution No. 87-1Q~ Page 2 APPROVED by the Board at its regular meeting on April 13, 1987. BOARD OF COUNTY_COMMISSIONERS OF PITRIN COUNTY, COIARADO By ATTEST: Pat elfont, uty County Clerk APPROVED AS TO FORM: APPROVED AS TO CONTENT: ~ ~ _-___r_- ~ ,~~ Thomas F. Smith, County `Alan Richman, Planning and Attorney Development Director FR.HOIMES i . / 1K~ a ` y. 1 EXHIBIT A '2~ EODN 553 PaGEv~7~ ,. A parcel of land situated in Tract 63, Township 8 South,' P.ange 87 West of the 6m Principal Meridian, being a part of the land described in that deed between Robert L. and Gloria P.. Arnold Grantor and Daly Construction, Inc., Grantee, recorded in Book. 249 at page 294, also in the.. deed between Daly Construction, Inc., Grantor, and Elmer David Hclmes, Grantee recorded in Book 471 at page 122, both deeds being recorded in the office of the Pitkin County Clerk and Recorder; the parcel is more fully "described as £ollowsc Com,:encin~ at the U.S. Government Land. Office. monument for AP 1, Tract 66, AP 4 Tract 67 and on the South line of Tract 63, Township 8 South, Range 87 West of the 6+n Prin- cipal ieridian,"said monument being a 1924 Brass Cap on a 1 inch pipe; thence South 89°38' West, 375.25 £eet to the true point of beginning, said point is evidenced by a 5,/3 inch steel bar with a plastic cap monument, marked Buettner 13166; thence North 10°52'44" West, 1579.75 feet, along a wire fence to a 5/8 inch steel bar with a plastic cap monument, marked Buettner 13166; thence North 81°56' k'est, 64.tr8 feet, to a 5/8 inch steel bar; thence South 10°44' cast, 1588.62 feet to a plastic cap monument, marked Johnson LS 9018, by a wire Fence; thence along the wire fence North 89°38' East, 66.13 feet to the point of beginning. Containing 2.29 acres more or les$- x~ 4 AGENDA ITEM SIINIl~lARY TO: Board of County Commissioners Regular Meeting - April 13, 1987 RE: Holmes/Arnold Subdivision Exemption.- Lot Line Adjust- . ment / FROM: Francis Krizmanich, Planning Office ~ / ISSUE: Elmer D. Holmes and Robert Arnold own adjacent properties and recently discovered that the fence separating their proper- ties is not on the property line. The applicants are requesting a subdivision exemption pursuant to Section 4-2.2(a)(2) of the Land Use Code to do a lot line adjustment- so that the existing fence will be on the property line. Mr. Holmes owns 66 acres and Mr. Arnold owns 59 acres. Mr. Holmes intends to sell 2.3 acres to Mr. Arnold. This proposal will not create more than the original number of lots. The application states that the purpose of this proposal is not the creation of anew parcel for develop- ment or resale purposes. The. Planning staff notes that both properties are zoned AF-1. Mr. Arnold's purchase of 2.3 acres, added to his existing 59 acre parcel, would give him the poten- tial for six units which is one more unit than he now has. Because the lot line adjustment provisions of the Code require that additional acreage cannot be used for development or resale purposes, the staff recommends that a condition of ,approval be that the 2.3 acres be :restricted against being used for future development. purposes. The resulting parcels. will continue to conform to the minimum lot size requirements. The application is attached. ALTERNATIVES: 1) The Board may approve this proposal with the staff recommendations or you may modify .them as you deem necessary. 2) The Board may deny this proposal. RECOMMENDED ACTION: The Planning staff recommends that the Board approve the attached resolution granting Subdivision Exemption to the applicants for a lot line adjustment. FK.HA ~""~ y February 24, 1987 We would like permission to sell 2.29 acres o£`agricultural land. Elmer David 8olmes'is the seller and Robert Arnold is the buyer. After daing a survey, it was discovered that the existing fence was not placed on the property line. In order to correct this situation, both above mentioned parties have agreed to exchange the 2.29 acres instead of moving the fence. (Holmes selling to Arnold). The adjustment will. not create more than the original number of lots. or parcels as it is now and will continue to be used as agricultural land. The purpose or effect of the lot line adjustment is not the creation of a new lot or parcel for development or resale purposes. Because this case of conforming lots, the above mentioned land shall conform to the minimum requirements for area or width established by the provisions of"this Code. i`feel that this does not applg as the present zoning of the site is AF-1. It will net be used £or a building site, but rather agricultural strip. Both parties are in agreement about the land mentioned. Thank you for y, our consideration. ~~u~ ~~~ //Lour Duna !6 a.Ciz~ ~ ~illoir~ GG~2a~ ~a ~~~~ ~.o .oa ~~ c~~a~izGn7~ ~~~.~iyro~ ;: SKETCH I-lQLMES -,s~~s~',wLC3 4'R:~~~~?i"'Y '~~l~~r A~JUS71'~~RiT °y.~R FYQE3.~s`ZTE ME NT . ;~ LOUfS H. BUE7?NERD A REGISTEREDLAND SUR VE':OR IN THE STATE OF COLORADO DU CON FIkM 'THAT I DID PR EPApE THIS SKETCd "TO SHOW 7>i~ HOC ATIDN OF THE PROPERTY BEING F.XCNANGED TO ADJUST THEPROPERTY ~60UNOARY BETWEEN ELMER DAVID HOL IFES AIJDROBERT~~9~GL ORI A ARNOL D, THAT SAID bKETCN WAS PREPARED FROM INFORMATION ObTA1NEDFROM DFFI CES OF 'PITKIN COU NTY i rvOT TO SCA4E DoueLE r kfiltlCHCS -C--. ~~ EL2AER DA'JID NOLMES .~.L_M_..~..._.~.._~ i .._~..... ~~.~~.N ,._. .~._` .~......... Q ~tSRG HA \`~~~^~~' ESTATES o Aorvsi PPa PE eTr wne PEA BEINC E%CH ANGED 7D LL (~' y ..~~..~ mss- ~Y `.------"""-"--'"T~r . //~~`~ OV 'MIPE FENGE' ~~~ li PPPU%I MEPT IJP~-9N Lci NE EN PNDPf PIES Rfi R._R'i RNG GLORIA AR N01_D `~ ~ _ MEMORflNOUM Ti_i: i_ounty Atkorney FF:~~M: Frain. is I€:r irnani~_li. F'lannin3 C~ffc RF_: Holmes '?ubdivision E:.ernp'tion -Lot Line' Rdjustnierit DHTF: Marcl-i 1H.a 1a~7 Httached far your review and comments is an aF•plcat'ion submitted by Linda Mark on behalf of her client, Elmer Holmes re•3uestin3 subdivision e::-~ernF•t ion for a lot line adjustment to sell 2.29 a.=res of a3ricultural land duc_• to the placement of a funr_. which was not constructed on the property line. The property is zoned RF-1. Please review this material and return your comments to this office no Iater than March 30, 19$7 so this office (-i'as adequat? tune to preF•are for its presentation before E:f_iCav do Hprii 13 Thant: you. ~ ~ ~~ . ~ . a ~~~. -~`~° ~~~ ~~~ ~- ~~~ G ~~ ~~~-~" . a ~~~~ __ ~~°~~~ ~' ~~~~,(~~~~y~~ . ~~~~~ %~ ' ~ EXHIBIT A <.. ~.m„ A parcel~of`land situated in Tract 63, Township 8~South," P.ange 87 West of the~~6m Principal Meridian' being"a`~ part "`~'~•~ `of the'land described in that deed between Robert L. and Gloria P.. Arnold Grantor and Daly Construction, Inc., `' Grantee, recorded in Book 249 at page 294,"also in the ,k.. deed-between'Daly Construction, Inc., Grantor, and Elmer David Hclmes, Grantee recorded in Book 471 at page 122, `y both deeds being recorded in`the office`of the,Pitkin """'`' "" `' Count 'Clerk and Recorder•'the" arcel is more full `" = ` Y , P Y ' 'described a3 fOllOWS. "~ ~' r t ~'~`'' §~~Z' ~ w7 ti ~' '~ ~~~'~ ,.. ,. ~~ ~• Comaencin~ at the O.S. Government Land Office monument`""for, ,:. < _ AP 1, Tract 66,; AP 4 "Tract 6'7 and on the South dine" of ~`"`" Tract b~, Township S South, Range 87 West of the 6m Prin-», ci pal't~leridian;'~saidmonument` being"'a 1924 Brass` Cap 'on `' °~°~" ~ ' :. a ~ ,. r. - , , ., H .:,. "a'`1 inch`pipe;`thence South 89°38' West, 37$.25 feet to `" .,, ,. .s ,~, = r..y the true point of beginning, `said point is evidenced by ',,' r ~~. a ~, 1 bar with a plastic cap monument, marked `'° ~. , ~; Buettner 13166;`"thence North~l0°52'44" West; 1579.75 feet, along"a wire fence tog`a' S/8 'inch steelrv bares with~'a"`plastic '~~ •~~cap~monument, markedBuettner 13166;~~thence~~North~81°56'`~~`'~~ ,~,_ YJest, 64:lF8 feet~'~-to a"5/8 inch steel bar ;'thence "South .,,; _ 10°44' East','~1588,62 feet~~~to a' plastic cap"monument, ~ a'T a '"marked Johnson~`LS 9018, by a wire fence; thence along ,f~`" ' "the wire~fence~North 89°38' East, 66.13~feet to""the ~ "pYoint;~of beginning. ~Con-taa.ning 2 29 acres more "'or" lesg ,.~ z. _ _,„ • ~ ~,~~ . ~ ,. E.~ ~ .~_.., v,.: _.n. .rte" Reception No. Recorder.. Recorded at~ o'clock M., ~ Recorder's Stamp THIS DEED, Made this y"`L day of ~ ~ ~ ~~ S r 19 $4. ,between DALY CONSTRUCTION, INC. ~' a corporation duly organized and existing under and by virtue of the laws oC ~ ? Q Lt5 .., y ~" tie ~, _y the State of Colorado ofthe first part, and ELMER DAVID HOLMES, ~~ '~ .Sa, A w J1 ~ mm o x ~aa. whose legal address is 4324 North 63rd Street (Boulder, Colorado 80301)-- '~z ?~ f31 GD :b of the ~ County of Boulder and Stateof Colorado y of the second part: WITNESSETH, That the said party of the first part, for and in consideration of the sum of - Eighty Thousand and no/100 ($80,000.00)----------------------------------------DOLLARS, to thesaid party of the first part in hand paid by the said party of the second part, the receipt whereof is ~ hereby .confessed and acknowledged, has granted, bargained, sold and conveyed and by these presents doesgrant, bargain, sell, convey and confirm unto the said party of the second part, hiS S~~~i~s~aGrQd`aSSSigns iIi forever, all of the following described lot or parcel of land, situate, lying and being in /the/ i County of Pitkin and Stateof Colorado, to wit: ~ :,; ~~,~~: `'I As more fully described in Exhibit A, attached hereto jj sTarti eas~ir<<;?n~7, rd rn N M O M ~:: fl~ Ly t <; AKb k>sd~d ~~~fdc~,~dd b~l~b~d 3^1~~ ~~ •i~U'r TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, and the reversion or reversions, remainders, rents, issues and protitsthereof; and al] the estate, right, title, interest, claim and demand whatsoever of the said party of the first part, either in law or equity, of,in and to the above bargained premises, with the hereditaments and appurtenances TO HAVE AND TO HOLD the said premises above9btlaQQrQgQained and described, with the appuxterlances,unfo the said party of the second part, his 61~yc'¢ anc~asssgns forever. And the said La y Construction, .Inc. party of the first part, for itself, and its successors, does covean agntg,grsnt, bargain and agree to and with the said part y of'the second part, his su/1~'F'q ~~~~ssigns, that at the time of the ensealing and delivery of these presents it is well seized of the premises above conveyed, as of a good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, fu]] power and lawful authority to grant, bargain, sell and convey the same in manner and form aforesaid, and that the same are free and clear from ail former andbther grants, bargains, sales, 'liens, taxes, assessments and encumbrances of whatever kind or naturesoeyer; except the lien fox ad valorem taxes. for the year 1984, U.S. Patent reservations and exceptions and easements and rights of way of a public or private nature, including rights of w: -for the Home Supply Ditch and extensions; and the terms, covenants and obligatiot of Well Agreement and Covenant recorded in Book_442 at page 724 ,~~li and the above bargained premises in the quiet and peaceable possession of the said part y of thy, lsecond part his Su~e~~s~a°nd assigns, against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the said party of the first part shall and will WARRANT AND FOREVER DEFEND.. ~'`~~; STN WITNESS WHEREOF, The saidIiarty of the first part has caused its corporate name to be hereunto subscribed 'l;y its,- President, and its corporate seal to be hereunto affixed, attested by its ~ci~tary th4 day and year first above written. o-.. r' ' f ', ~~ ~` ~;, STATE OF ' r ss. County of Vl`~•'C`lC~ ~ 1 J DALY CONS CTION INC. ._.-- -~ B ( ~~Z~GL~ ---' y T~as J. Day -> rresiae~~. The foregoing instrument was acknowledged before me this 19 84 ,by Thomas J. Daly Judith Daly Daly Construction, Inc. - ~ My notarial commisson~ex Witness my ha7~d at~l .~~ I' r,'~' , "~.,.. SL day of y~7:~av~- as President and as Secretary of ~~~• ~-' ~ a corporation. really Commission Expires iriarcfj 2,, 1985 ,fficial seal. ~ p ~iiotery Public. .r - NO. COB. WARQAN7Y DEED-CorDeretion.- a aford Poblisl g'3~f1~wi4,gA •., Lakewooa.Cp R02I4-(707)237-fi9W-II-RI .:r-'~ __ _ a,, ,. ' _• Louis A. Buettner_ ~ Surveying ~;" ' `: P.O. Box 725 Basalt, Colorado 81621 303-927-3611 Tom ar.d Linda .Clark 501 E. Sopris Creek Rd. Basalt, Colorado 81621 November 18, 1986 Dear Tom and Linda 'she included property description is for the property Elmer is trading to the Arnolds. The description is based on a survey performed by me, or under my direction, recently. I have care- fully reviewed this description and declare and seal it to be accurate to the best of my knowJ.edge and belief as described herein. .Tny change, addition or deletion of any. part of this description will act to void any responsibility, express or implied, that I may have towards the subject property. It is my underst- anding of the law that any responsibilities or warranties relieved of me in the above manner will automatically flow to t'_ze party responsible for changing this description. The follor~~iag is the property description herein referred to: A parcel of land situated in Tract 63, Township 8 South, Range 87 West of the 6~ Principal Meridian, being a part of the land described in that deed between Robert L. and Gloria T?. Arnold .Grantor and7aly Construction, Inc., Grantee, recorded in Book 249 at page 294, also in the deed between paly Construction, Inc., Grantor, and Elmer David Hclmes, Grantee recorded in Book ?+71 at page 122, both deeds being recorded in the office of the,Pitkin Co~;nty Clerk and Recorder; the parcel is more fully described as follows: Cora-,.encin~ at the II.S. Government hand Office monument for AP 1, Tract 66, AP 4 Tract 67 and on the South line of Tract 63, Township 8 South, Range 87 West of .the 6~ Prin- c~_nal i~teridian, said monument being a 1924 Brass Cap on ~. 1 inch pipe; thence South 89°38' West, 375.25 feet to the true point of beginning, said point is evidenced by a ~/8 inch steel bar with a plastic cap monument, marked Buettner 13166; thence North 10°52'44" West, 1579.75 feet, alone a wire fence to a 5/8 inch steel bar with a plastic can monument, marked Buettner 13166; thence North 81°56' 4,e et, 64.tf8 feet, to a 5/8 inch steel bar; thence South 1O°44' East, 1588.62 feet to a plastic cap monument, marlced ~TOhnson LS 9018, by a wire fence; thence alon e the wire fence North 89°38' East, 66.13 feet to the point of beginning. Containing 2,29 acres more or le s: 5'h~.nk you for your patronage. Sincerely, _ -. -_ _f ~.i~''~ Los B e er, LS 131 ;,'.S,v .oi 4,.. r'~'~.", ,``" \,: , '.~ .3 7 ':: r ~~ J ~ .d' J ,~ ._I _.-_^. _. .~ Y ~~ ~, ~-.: ~~a,_ I s ~ s,kT~~ ,: ~1 _;, z < 'I ~ A ~ ;,, _. ~ ~~ _... .. -.,.. Y.a ~~ ~~~ ~~ I ~~ fl~~~~~ it