HomeMy WebLinkAboutbocc.res.095.1976Recorded at 4:30 P.M., August 1R. 1976 Julie Hane, Recorder Rey tion Number: ~~ •~:~•~-,
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PITKIN COUNTY
BOARD OF COMMISSIONERS
Resolution #76 ~/~
MARR/STAGGS PARTITION CONUNDRUM CREEK
WHEREAS, William Marr and Edward Staggs have requested recognition
by the Pitkin County Commissioners of a partition of land (total 5.89 acres)
in Conundrum Creek into two parcels of 2+ acres each, and
WHEREAS, on June 21, 1976, the District Court for Pitkin County
granted a request for partition of the property and such Court Order No. 6033 is
hereby attached to this Resolution and hereby made a part of this Resolution,
and
WHEREAS, the property was originally purchased in 1969 with the stated
intention for division, although no such recording was made until 1973, ar.d
WHEREAS, the property was divided into two parcels and deeds recorded
in the Clerk and Recorder's Office on June 8, 1973.
NOW, THEREFORE, BE IT RESOLVED that the Pitkin County Commissioners
pursuant to the Pitkin County Land Use Code hereby finds that the method of
disposition of the property has not been adopted for the purpose of evading
the subdivision definition.
DATED: 8/ J / ~J b
BOARD OF COUNTY COMMISSIONERS
PITKIN COUNTY
By
J seph ards, J .
Cha an
APPROVED AS TO FORM:
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AT~TEST
AND STATE OF COLORADO
Civil Action No. 6033
IN THE DISTRICT COURT
IN AND FOR THE COUNTY OF PITKIN
EDWARD W. STAGGS and
LUCY K. STAGGS,
Petitioners,
v.
WILLIAM N. MARR, JR. and
JUDITH W. MARR,
Respondents.
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JUDGMENT AND DECREE
THIS MATTER having come before the Court upon Petitioner's
Motion for Summary Judgment, the Court being fully advised, makes
the following findings:
1. That the real property which is the subject of this
action is situate in the County of Pitkin, State of Colorado, and
is more fully described as:
A tract located in Section 2, Township 11 South, Range 85
West of the Sixth Principal Meridian more specifically
described as follows:
Beginning at a point which corner 1 H.E.S. 112, bears
N 21°
thence S 10°
thence S 45°
thence S 33°
thence S 08°
thence S 37°
thence N 88°
thence N 71°
thence N 36°
thence N Ol°
thence N 14°
thence N 12°
thence N 13°
thence N 04°
thence S 71°
24'
33'
49'
43'
12'
49'
52'
57'
36'
26'
56'
17'
55'
00'
57'
E,
W,
W,
W,
W,
W,
W,
w,
E,
F,
W,
E,
E,
E,
E,
919.50 feet;
251.32 feet;
191.85 feet;
114.4 5 feet;
113.90 feet;
108.16 feet;
18.74 feet;
169.79 feet;
84.79 feet;
56.77 feet;
105.73 feet;
275.43 feet;
173.07 feet;
80.88 feet;
398.90 feet
to the point of the beginning.
2. That the Court has jurisdiction over both the
subject matter and the parties in the captioned action; and
3. That Petitioner's Motion for. Summary Judgment has
been properly filed and served upon Respondent; and
4. That there is no genuine issue as to any material
fact and that the moving party is entitled to judgment as a matter
of law.
THEREFORE IT IS ORDERED, ADJUDGED and DECREED that the
interests of Petitioners and Respondents in the property which
is the subject matter of this action, be partitioned and granted
to EDWARD W. STAGGS and LUCY K. STAGGS, Petitioners, their heirs,
and assigns and to WILLIAM W. MARR, JR., and JUDITH W. MARR, their
heirs and assigns in severalty as more specifically set forth below.
1. Edward W. Staggs and Lucy K. Staggs, their heirs
and assigns shall henceforth hold all interests heretofore owned
jointly by Petitioners and Respondents in and to the following
described parcel situate in the County of Pitkin, State of Colorado,
to wit:
A tract located in Section 2, Township 11 South, Range
85 West of the 6th P.M., described as follows:
Beginning at a point from which cor No. 1 H.E.S. 112 bears
N 21° 10' E 1.259.12 feet; thence S 45° 49' W 90.00 feet; thence
S 33° 43' W 114.45 feet; thence S 08° 12' W 113.90 feet; thence
S 37° 49' W 108.16 feet; thence N 88° 52' W 18.74 feet; thence
N 71° 57' W 169.79 feet; thence N 36° 36' E 84.79 feet; thence
N Ol° 26' E 56.77 feet; thence N 14° 56' W 105.73 feet; thence
N 12° 17' E 275.43 feet; thence S 57° 53'30"E 363.24 feet
to the point of the beginning.
2. William N. Marr, Jr „ and Judith W. Marr, their
heirs and assigns, shall henceforth hold all interests heretofore
owned jointly by Petitioners and Respondents in and to the following
described parcel situate in the County of Pitkin, State of Colorado,
to wit:
A tract located in Sec. 2, T 11 S, R 85 W of the 6th P.M.
described as follows:
Beginning at a point from which cor No. 1 H.E.S. 112 bears
N 21° 24' E 919.50 feet; thence S 10° 333 W 251.32 feet; thence
S 45° 49' W 101.85 feet; thence N 57° 53'30" W 363.24 feet; then
N 13° 55' E 173.07 feet; thence N 04°00' E 80.88 feet; thence
S 71° 57' E 398.90 feet to the point of beginning.
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DONE IN OPEN COURT this 21st day of June, 1976.
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CLHiI'tCr1i`~; r}j' t.~iAiLI~'G
I Certify that ~. copy of
Fore~oin,; was m~.i].ed Ao all
Counsel of Record
This ~x ~u day of'~r,,,.c 19Z_
~ ~ L,~
Attorney for Responder s