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HomeMy WebLinkAbout4.0 Resolution 96-52• • 496870 B-988 P-156 08/06/96 01:40P PG 1 OF 5 REC DOC NOT MILDRED ALSDORF GARFIELD COUNTY CLERK AND RECORDER 0.00 STATE OF COLORADO County of Garfield ) )ss At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Commissioners Meeting Room, Garfield County Courthouse, in Glenwood Springs on Monday , the 15th of April A.D. 19 96 , there were present: Marian I. Smith Elmer (Buckey) Arbaney Arnold L. Mackley Don DeFord Mildred Alsdorf Chuck Deschenes , Commissioner Chairman , Commissioner , Commissioner , County Attorney , Clerk of the Board , County Administrator when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 96-52 A RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE GARFIELD COUNTY SUBDIVISION REGULATIONS FOR ROBERT & BARBARA EANES. WHEREAS, Robert & Barbara Eanes petitioned the Board of County Commissioners of Garfield County, Colorado, for an exemption from the definition of the terms "subdivision" and "subdivided land" under C.R.S. 1973, 30-28-101 (10) (a) -(d), as amended, and the Subdivision Regulations of Garfield County, Colorado, adopted April 23, 1984, Section 8:00 through 8:60 and for the division of a 40.08 acre tract as described in Book 510, Page 32, as filed in the Offices of the Clerk and Recorder of Garfield County, Colorado, into two parcels of approximately 3.966 and 36.109 acres each, more or less, which proposed divided tracts are more practically described as follows: Lot A: Lot B: See Attached See Attached (in the State of Colorado and the County of Garfield); and • • 496870 B-988 P-157 08/06/96 01:40P PG 2 OF 5 WHEREAS, the Petitioners have demonstrated to the satisfaction of the Board of County Commissioners of Garfield County, Colorado, that the proposed division does not fall within the purposes of Part 1, Article 28, Title 30, Colorado Revised Statutes 1973, as amended, for the reason that the division does not warrant further subdivision review; and WHEREAS, the Petitioners have demonstrated to the satisfaction of the Board of County Commissioners of Garfield County, Colorado, that there is a reasonable probability of locating domestic water on each of said parcels, that there is existing ingress and egress to said parcels, that the location of septic tanks will be permitted by the Colorado Department of Health, that the requested division is not part of an existing or larger development and does not fall within the general purposes and intent of the Subdivision Regulations of the State of Colorado and the County of Garfield, and should, therefore, be exempted from the definition of the terms "subdivision" and "subdivided land" as set forth in C.R.S. 1973, 30-28-101 (10) (a) -(d), as amended; NOW THEREFORE, BE IT RESOLVED that the division of the above described lots "A" and "B" from the above described 40.08 acre tract is hereby exempted from such definitions and said tract may be divided into said lots "A" and "B" and may be conveyed in the form of such lots "A" and "B", all as is more fully described above and that a copy of the instrument or instruments of conveyance when recorded shall be filed with this Resolution. Dated this 5th day of June , A.D. 19 96 . ATTEST: Clerk of the Board - 1 A L GARFIFLD COUNTY BOARD OF COMIVIISSIONERS, GARFIELD COUNTY, COLORADO Chairman Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: ..Commissioner Chairman Marian I_ Smith ,Aye Commissioner Elfer (Buckey) Arbaney Aye Commissionr Arnold L_ Mackley (absent) ' 496870 B-988 P-158 08/41096 01:40P PG 3 OF 5 STATE OF COLORADO County of Garfield )ss ) • I, , County Clerk and ex -officio Clerk of the Board of County Commissioners, in and for the County and State aforesaid, do hereby certify that the annexed and foregoing Resolution is truly copied from the Records of the Proceeding of the Board of County Commissioners for said Garfield County, now in my office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at Glenwood Springs, this day of , A.D. 19 County Clerk and ex -officio Clerk of the Board of County Commissioners 08/06/96 01:40P LOT A PROPERTY DESCRIPTION • A PARCEL OF LAND SITUATED IN THE NE1/4SW1/4 OF SECTION 25, TOWNSHIP 5 SOUTH. RANGE 91 WEST. OF THE SIXTH PRINCIPAL MERIDIAN. COUNTY OF GARFIELD, STATE OF COLORADO; SAID PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 25; THENCE S 00'02'00" E ALONG THE NORTH -SOUTH CENTER LINE OF SAID SECTION 25 2614.85 FEET TO THE CENTER OUARTER CORNER OF SAID SECTION 25, AN ALUMINUM CAP, L.S. NO. 14060, IN PLACE; THENCE CONTINUINIG ALONG SAID NORTH -SOUTH CENTER LINE S 00'07'56" W 688.97 FEET TO A POINT IN THE CENTER LINE OF EAST ELK CREEK. THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID CENTER LINE CONTINUING ALONG SAID NORTH -SOUTH CENTER LINE S 00'07'56" W 634.63 FEET TO SOUTH -CENTER SIXTEENTH CORNER OF SAID SECTION 25, BEING AN ALUMINUM CAP IN PLACE, STAMPED L.S. NO. 19598; THENCE S 87'39'48" W ALONG THE SOUTHERLY LINE OF SAID NE1/4SW1/4 1289.73 FEET TO THE SOUTHWEST SIXTEENTH CORNER; THENCE N 00'59'16" W ALONG THE WESTERLY LINE OF SAID NE1/4SW1/4 1357.89 FEET TO THE WEST -CENTER SIXTEENTH CORNER OF SAID SECTION 25, AN ALUMINUM CAP. STAMPED L.S. N0. 19598, 1N PLACE; THENCE N 89'11'40" E ALONG THE NORTHERLY LINE OF SAID NE1/4SW1/4 885.52 FEET TO A POINT IN THE CENTER LINE OF EAST ELK CREEK; THENCE LEAVING SAID NORTHERLY LINE, THE FOLLOWING FOURTEEN COURSES ALONG SAID CENTER LINE: 1. S 16'05'17" W 21.66 FEET 2. S 13'14'14" E 30.58 FEET 3. S 25'26'06" E 90.89 FEET 4. S 36'55'44" E 41.03 FEET 5. S 41'22'37" E 132.25 FEET 6. S 25'50'16" E 91.40 FEET 7. S 12'26'42" E 38.27 FEET 8. S 09'34'03" W 33.77 FEET 9. S 04'04'51" E 26.05 FEET 10. S 21'3219 E 28.86 FEET 11. S 56'11'23" E 49.55 FEET 12. S 46'59'32" E 55.81 FEET 13. S 37'51'07" E 30.90 FEET 14. 5 44'27'43" E 171.51 FEET TO THE TRUE POINT OF BEGINNING; SAID PARCEL OF LAND CONTAINING 36.109 ACRES, MORE OR LESS. TOGETHER WITH A UTILITY EASEMENT 20 FEET IN WIDTH LYING SOUTHERLY OF THE WESTERLY BOUNDARY LINE OF GARFIELD COUNTY ROAD N0. 245 AND BEING 25 FEET AT ALL POINTS, WESTERLY OF THE EAST LINE OF THE SEI/4NW1/4 OF SAID SECTION 25, SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE SE1/4NW1/4 OF SAID SECTION 25; THENCE S 89'11'40" W 10.00 FEET ALONG THE SOUTHERLY LINE OF SAID SE1/4MW1/4 TO A POINT ON THE CENTER LINE OF SAID UTILITY EASEMENT. THE TRUE POINT OF BEGINNING; THENCE N 00'02'00" W 416.62 FEET ALONG SAID CENTER LINE TO A POINT ON THE WESTERLY RICHT-OF-WAY LINE OF SAID COUNTY ROAD. TOGETHER WITH A 25.00 FOOT WIDE ACCESS AND UTILITY EASEMENT OVER LOT B. AS SHOWN ON THE EANES SUBDIVISION EXEMPTION PLAT SITUATED IN THE NE1/4SW1/4, OF SECTION 25, TOWNSHIP 5 SOUTH, RANGE 91 WEST. OF THE SIXTH PRINCIPAL MERIDIAN. COUNTY OF GARFIELD. STATE OF COLORADO. LYING WESTERLY OF THE EASTERLY LINE OF SAID NEI/4SW1/4: SAID STRIP OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER QUARTER CORNER OF SAID SECTION 25, AN ALUMINUM CAP. L.S. N0. 14060. IN PLACE, THE TRUE POINT OF BEGINNING; THENCE S 00'07'56" W ALONG THE EASTERLY LINE OF SAID NEI/4SWI/4 688.97 FEET TO A POINT IN THE CENTER LINE OF EAST ELK CREEK; THENCE LEAVING SAID EASTERLY LINE N 44'27'43" W ALONG SAID CENTER LINE 35.61 FEET; THENCE LEAVING SAID CENTER LINE N 00'07'56" E 663.20 FEET TO A POINT ON THE NORTHERLY LINE OF SAID NE1/4SWI/4; THENCE 00 00 N 89'11'40" E ALONG SAID NORTHERLY LINE 25.00 FEET TO THE TERMINUS. TOGETHER WITH A 30.00 FOOT WIDE STRIP OF LANO, FOR THE PURPOSE OF ACCESS, DRAINAGE ANO IRRIGATION DITCH EASEMENT. AS SHOWN ON THE HUGER S.B. 35 EXEMPTION PLAT, AS RECORDED IN THE OFFICE OF THE CLERK AND RECORDER OF GARFIELD COUNTY, AS RECEPTION NO. 432547, SITUATED IN O SEI/4MW1/4 OF SECTION 25. TOWNSHIP 5 SOUTH, RANGE 91 WEST, OF THE SIXIH C- PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO; SAID STRIP CO OF LAND BEING 15.00 FEET TO EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: Ne CT) COMMENCING AT THE SOUTHEAST CORNER OF THE SEI/4NWI/4 OF SAID SECTION 2 THENCE S 89'11'40" W ALONG THE SOUTH LINE OF SAID SEI/4NW1/4 15.00 FEET TO A POINT IN THE CENTERLINE OF SAIO EASEMENT, THE TRUE POINT OF BEGINNING; THENCE FOLLOWING FIVE (5) COURSES ALONG SAID CENTERLINE: 1. N 00'02'00" W 219.54 FEET 2. ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF 324.98 FEET. A CENTRAL ANGLE OF 24'28'00" AND A DISTANCE OF 138.77 FEET (CHORD BEARS N 12'16'00" W 137.72 FEET) 3. N 24'30'00" W 300.00 FEET 4. ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF 990.24 FEET. A CENTRAL ANGLE OF 11'30'00" AND A DISTANCE OF 198.75 FEET (CHORD BEARS N 30'15'00" W 198.42 FEET) 5. ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 42.09 FEET. A CENTRAL ANGLE OF 97'00'00" AND A DISTANCE OF 71.28 FEET (CHORD BEARS N 12'30'00" E 83.05 FEET) TO A POINT ON THE SOUTHWESTERLY RIGHT-OF-WAY LINE OF COUNTY ROAD NO. 245, THE TERMINUS. • • 496870 B-988 P-160 08/06/96 01:40P PG 5 OF 5 i PROPERTY DESCRIPTION LOT B A PARCEL OF LANG SITUATED IN THE NE1/4SW1/4 OF SECTION 25, TOWNSHIP 5 SOUTH, RANGE 91 WEST. OF THE SIXTH PRINCIPAL MERIDIAN. COUNTY Of GARFIELD. STATE OF COLORADO; SAID PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 25; THENCE S 00'02'00" E ALONG THE NORTH -SOUTH CENTER LINE OF SAID SECTION 25 2614.85 FEET TO TIIE CENTER QUARTER CORNER OF SAID SECTION 25, AN ALUMINUM CAP, L.S. NO. 14060, IN PLACE, THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAIO NORTH -SOUTH CENTER LINE S 00'07'56" W 688.97 FEET TO A POINT IN THE CENTER LINE OF EAST ELK CREEK; THENCE LEAVING SAID NORTH -SOUTH CENTER LINE, THE FOLLOWING FOURTEEN COURSES ALONG SAID CENTER LINE: 1. N 44'27'43' W 171.51 FEET 2. N 37'51'07" W 30.90 FEET 3. N 46'59'32' w 55.81 FEET 4. N 56'11'23" W 49.55 FEET 5. N 21'32'19' W 28.86 FEET 6. N 04'04'51" W 26.05 FEET 7. N 09'34'03" E 33.77 FEET 8. N 12'26'42' W 38.27 FEET 9. N 25'50'16' W 91.40 FEET 10. N 41'22'37" W 132.25 FEET 11. N 36'55'44" W 41.03 FEET 12. N 25'26'06' W 90.89 FEET 13. N 13'14'14" W 30.58 FEET 14. N 16'05'17" E 21.66 FEET TO A POINT ON THE NORTHERLY LINE OF SAID NE1/4SW1/4; THENCE N 89'11'40" E ALONG SAID NORTHERLY LINE 429.73 FEET TO THE TRUE POINT OF BEGINNING; SAID PARCEL OF LAND CONTAINING 3.966 ACRES, MORE OR LESS. TOGETHER WITH A UTILITY EASEMENT 20 FEET IN WIDTH LYING SOUTHERLY OF 111E WESTERLY BOUNDARY LINE OF GARFIELD COUNTY ROAD N0. 245 AND BEING 25 FEET AT ALL POINTS. WESTERLY OF THE EAST LINE OF THE SE1/4NW1/4 OF SAID SECTION 25, SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT TIIE SOUTHEAST CORNER OF THE SEI/4NWI/4 OF SAID SECTION 25; THENCE S 89'11'40" W 10.00 FEET ALONG THE SOUTHERLY LINE OF SAID SEI/4MW1/4 TO A POINT ON THE CENTER LINE OF SAID UTILITY EASEMENT, THE TRUE POINT OF BEGINNING; THENCE N 00'02'00' W 416.62 FEET ALONG SAID • CENTER LINE TO A POINT ON TIIE WESTERLY RIGHT-OF-WAY LINE OF SAIO COUNTY ROAD. SUBJECT TO AND TOGETHER WITH A 25.00 FOOT WIDE ACCESS AND UTILITY EASEMENT; LYING WESTERLY OF TIIE EASTERLY LINE OF THE NEI/4SW1/4 OF SAID SECTION 25 ANO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER QUARTER CORNER OF SAID SECTION 25, AN ALUMINUM CAP, L.S. N0. 14060. IN PLACE, THE TRUE POINT OF BEGINNING; THENCE S 00'07'56' W ALONG THE EASTERLY LINE OF SAID NE1/4SWI/4 688.97 FEET TO A POINT IN THE CENTER LINE OF EAST ELK CREEK; THENCE LEAVING SAID EASTERLY LINE N 44'27'43' W ALONG SAID CENTER LINE 35.61 FEET; THENCE LEAVING SAID CENTER LINE N 00'07'56' E 663.20 FEET TO A POINT ON THE NORTHERLY LINE OF SAID NE1/4SW1/4; THENCE N 89'11'40" E ALONG SAID NORTHERLY LINE 25.00 FEET TO THE TERMINUS; SAID STRIP OF LAND CONTAINING 0.311 ACRES. MORE OR LESS. TOGETHER WITH A 30.00 FOOT WIDE STRIP OF LAND, FOR THE PURPOSE OF ACCESS, DRAINAGE AND IRRIGATION DITCH EASEMENT, AS SHOWN ON THE HUBER S.B. 35 EXEMPTION PLAT, AS RECORDED IN THE OFFICE OF THE CLERK ANO RECORDER OF GARFIELD COUNTY. AS RECEPTION N0. 432547, SITUATED IN SEI/4NW1/4 OF SECTION 25, TOWNSHIP 5 SOUTH, RANGE 91 WEST. OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO; SAID STRIP OF LAND BEING 15.00 FEET TO EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE SOUTHEAST CORNER OF THE SE1/4MW1/4 OF SAID SECTION 25; THENCE S 89'11'40" W ALONG THE SOUTH LINE OF SAID SE1/4NWI/4 15.00 FEET TO A POINT 1N THE CENTERLINE OF SAID EASEMENT, THE TRUE POINT OF BEGINNING; THENCE FOLLOWING FIVE (5) COURSES ALONG SAID CENTERLINE: 1. N 00'02'00' W 219.54 FEET 2. ALONG THE'ARC OF A CURVE TO THE LEFT. HAVING A RADIUS OF 324.98 FEET. A CENTRAL ANGLE OF 24'28'00' AND A DISTANCE OF 138.77 FEET (CHORD BEARS N 12'16'00' W 137.72 FEET) 3. N 24'30'00" W 300.00 FEET 4. ALONG TIIE ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF 990.24 FEET. A CENTRAL ANGLE OF 11'30'00' AND A DISTANCE OF 198.75 FEET (CHORD BEARS N 30'15'00' W 198.42 FEET) 5. ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 42.09 FEET. A CENTRAL ANGLE OF 97'00'00" AND A DISTANCE OF 71.26 FEET (CHORD BEARS N 12'30'00' E 63.05 FEET) TO A POINT ON THE SOUTHWESTERLY RICHT-OF-WAY LINE OF COUNTY ROAD NO. 245, THE TERMINUS.