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HomeMy WebLinkAbout3.0 Resolution 91-102EEC REC OR DED AT / I@n 4|.2;9'?60 srATE OF COLORADO ) )ss County of Garfreld ) Ata reoular meeting of the Bo Colorado, held in the Commissioners' Meeting Springs on Mondav il1s 9th of Arnold T,-M.ar^kl arz E 'l mar I Rr rt-Lo.,\ [rh:narr Marian I.Smi rh T'\nn Mi ldred A]<rlarf ihrrnk 6n6q Bnu( E18 p,rtE[l0i; ard of County Commissioners for Garfield County, Room, Garheld County Courthouse, in Glenwood A.D. 19 9t , there were Present: Commissioner Chairman Commissioner Commissioner County Attorney Clerk of the Board County Administrator fi ;IbREf 4i!;o*Pgc,l.9-J$sl,., ** when the following proceedings, anlong others were had and done, to-wit: RESOLUTION NO. 91_102 A RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE GARFIELD COUNTY SUBDryISION REGULATIONS FOR BOLAND RANCH PROPERTIES. WHEREAS, Boland Ranch Properties petitioned the Board of County Commissioners of Garfield County, Colorado, for an exemption from the dehnition of the terms "subdivision" and "subdivided land" under C.R.S. lg73,30-28-101 (10) (a)-(d), as amended, and the Subdivision Regulations of Garfield County, Colorado, adopted April 23,lg}4,Section 8:00 through 8:60 and for the division of a 27.689 acre tract as described in Book 789, Page 795, as filed in the Offrces of the Clerk and Recorder ofGarheld County, Colorado, into two parcels ofapproximately 25.667acresand 2.1l2acres each, more or less, which proposed divided tracts aremore practically described as follows: Lot l: See Attached Lot2: See Attached (in the State of Colorado and the County of Garfield); and WHEREAS, the Petitioners have demonstrated to the satisfaction of the Board of County Commissioners of Garheld County, Colorado, that the proposed division does not lall within the purposes of Part l, 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 satislaction 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 Btttlr( Elt prqigGG 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 def-rnition of the terms "subdivision" and "subdivided land" as set forth in C.R.S. 1973,30-28-10l (10) (a)-(d), as amended; NOW THEREFORE, BE ft RESOLVED that the division of the above described parcels " I " arrd"2 from the above described 27 .689 acre tract is hereby exempted from such def-rnitions and said tract may be divided into said parcels " 1" and "2" aidmay be conveyed in the form of such parcels " l " arLd"2", as is more fully described above and that a copy of the instrument or instruments of conveyan@ when recorded shall be filed with this Resolution. Dated this 9th day of December , A.D. 19 91 ATTEST:GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFIELD COUNTY, COLORADO k of the Board Chairman Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: Aye Aye Aye E''lmar lRrrnlrarr\ A M:rinn T- Smi{.h STATE OF COLORADO County of Garheld 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 Garheld County, now in my olfice. IN WITNESS WHEREOF, I have hereunto set my hand and affxed the seal of said County, at Glenwood Springs, this - day of A.D. l9_. County Clerk and ex-offrcio Clerk of the Board of County Commissioners ) ) ) SS Boot( 81E prci907 PROPERTY DESCRIPTION PARCEL llAN A PARCEL OF LAND SITUATED IN THE WTSWL OT' STCTTON 25 AND THE WLNW% oF SECTION 36, TOWNSHIP 5 SOUTH, RaUCn 90 WEST OF THE SIXTH PRIN- cIpAL unnrnrall, C9UNTY oF GARFIdT,O, STATE oF coLoRADo, sAID PARCEL BEINGMOREPARTICULARLYDESCRIBEDASFOLLOWS: (ALL BEARINGS CONTAINED HEREIN BEING RELATIVE TO A BEARING OF n-- 8? "-Li;;4,, E BETwEEN THE NoRrHWEST coRNER AND THE NoRTH oNE QUARTER CORNER OF SECTION 25 OF SAID TOWNSHIP AND RANGE) CoMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 36i THENCE i-iitioif4'r 6 L7oo.30 FEET To A porNT oN THE NoRTHERLY RrcHT-oF-wAY oF T-7O, A REBAR AND CAP L.S. #L9598 IN PLACE, THE TRUE POINT OF BEGINNING; THENCE ALoNG SAID NoRTHERLY RIGHT-oF-WAY oF I-70 ffi'%E, a g '' w 296 . os FEET , THENSE coNTTNUTNG ALoNG sArD NORTHERLY RIGHT-OF-WAY ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS oF 1081-.70 FEET AND A CENTRAL ANGLE OF O3'30'4O", A DISTANCE OF 66.29 FEET, (CHORD BEARS S 88"03',231t w 66-28 FEET) TO AN EXISTING FENCE ANGLE POINT BEING ON THE EASTERLY RIGHT'OF'WAY OF GARFIELD COUNTY ROAD #1.37; THENCE ALONG SAID EXISTING FENCE LINE AND EASTERLY RIGHT-OF.WAY OF SAID COUNTY ROAD N OO " ].4 ' 5411 E 163 ' 90 FEET; THENCE CONTINUING ALONG SAID FENCE LINE AND EASTERLY RIGHT- 6F:wav-N-oz-ss,15,' w rg.84 FEET, THENqE coNTTNUTNG ALoNG sArD FENcE LINE AND EASTERLY RIGHT-OF-WAY N l-0"55'27t1 W L23.79 FEET; THENCE CONTINUING ALONG SAID FENCE LINE AND EASTERLY RIGHT-OF-WAY N rf"58'O5rr W a2.42 FEET; THENCE CONTINUING ALONG SAID FENCE LINE AND EASTERLY RIGHT-OF-WAY N 13"05'10" W 59.89 FEET; THENCE CONTINUING ALONG SAID FENCE LINE AND EASTERLY RIGHT-OF-WAY ll-io"ze;3g" w 68.84 FEET, THENSE coNTTNUTNG ALoNG sArD FENCE LrNE AND EASTERLY RIGHT.OF-WAY N gg"23T1gII E 59.88 FEET; THENCE CONTINUING ALONG SAID FENCE LINE AND EASTERLY RIGHT-OF-WAY r.l iz"f9r31" E 1G6.56 FEET; THENcE coNTTNUTNG ALoNG sArD FENCE LrNE AND EASTERLY RIGHT-OF-WAY N 22"35/,2}tt E L53.62 FEET; THENCE CONTINUING ALONG SAID FENCE LINE AND EASTERLY RIGHT-OF'WAY N 24tol,3L'r E 143.68 FEET; THENCE coNrrNUrNG ALoNG sArD FENCE LrNE AND EASTERLY RIGHT-OF-WAY N 26O43,0711 E 22.66 FEET; THENCE LEAVING SAID EXISTING FENCE LINE AND CONTTNUING ALONG SAID EASTERLY RIGHT- OF-WAY ALONG THE. ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 677.05 FEET AND A CENTRAL ANGLE OF 22"25t39tt, A DISTANCE OE 265'02 FEET, (CHORD BEARS N O7"26rl2tt E 263.33 FEET); THENCE CONTINUING ALONG SAID EASTERLY RIGHT-OF.WAY N 03"46,38N W 246.76 FEET; THENCE CONTINUING ALONG SAID EASTERLY RIGHT-OF'WAY ALONG THE ARC OF A cuRvE To THE RIGHr HAVING A RADIUS OF 488.36 FEET, A CENTRAL ANGLE oF 2O"54'OO|" A DISTANCE OF L78.L4 FEET (CHORD BEARS N 06 "4gt22tt'r. L77.16 FEET; THENCE CONTINUING ALONG SAID EASTERLY RIGHT-oF-WAY N 17"9712211 E L87.L5 FEET; THENCE CONTINUING ALONG SAID EASTERLY RIGHT-OF.WAY ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 538.08 FEET, A CENTRAL ANGLE OF 03"10',L4", A DISTANCE OF 35.31- FEET (CHORD BEARS N !5"32',15'r E 35.31 FEET); THENCE CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAY N L3"57'O8tI E 76.07 FEET; THENCE CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAY Btrrlrt E1t Prff9CS ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 43L.O2 FEET, A CENTRAL ANGLE OF L8"O7',44", A DISTANCE OF l-36.38 FEET (CHORD BEARS N 23"ol-'oo" E 135'81-^FEET); THENCE CONTTNUTNG ALoNG sArD EASTERLY RIGHT-OF-WAY N 32" O4', 52-tt E l-Ol-.80 FEET; THENCE CONTTNUING ALONG SAID EASTERLY RIGHT-OF-WAY ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 329.70 FEET, A CENTRAL ANGLE oF 06"28100", DISTANCE OF 37.2L rEET (CHORD BEARS N 28"5O'52n E 37.L9 FEET) TO A POINT ON AN EXISTTNG FENCE LrNE; THENCE LEAVTNG SAID RIGHT.OF-WAY AND ALONG SAID EXTSTTNG FENCE AND FENCE LTNE EXTENDED S 79"L3,10'' E 322.L7 FEET TO THE CENTERLINE OF CANYON CREEK, THENCE ALONG SAID CENTERLINE S 09"18,05'I E 1.95 FEET,. THENCE CONTINUING ALONG SAID CENTERLINE S 04"08,06'I W 424.O3 FEET; THENCE CONTTNUING ALONG SAID CENTERLINE S 23"38,4611 W 80.20 FEET; THENCE CONTINUING ALONG SAID CENTERLTNE S 23"38'42'' W l-00.44 FEET; THENCE CONTINUING ALONG SATD CONTINUING ALONG SAID CONTTNUING ALONG SAID CONTINUING ALONG SAID CONTTNUING ALONG SAID CONTINUING ALONG SAID CONTINUING ALONG SAID CONTINUING ALONG SATD CONTINUING ALONG SATD LEAVTNG CENTERLINE OF CENTERLINE CENTERLINE CENTERLINE CENTERLTNE CENTERLINE CENTERLINE CENTERLINE CENTERLINE CENTERLINE CANYON CRE S Lg"27r32n W s oo"5g,43r W S 25" 5gr 4gn E S 35"39,26n E S 20" 49r30tt E s ol- " 22'52u W S 14"09r31il W s 08000'17tt E s l-3 " 19,13r W THENCE THENCE THENCE THENCE THENCE THENCE THENCE THENCE THENCE 90 " oo, oorr w 140.88 FEET TO A 82.82 50.08 96.95 82.LL 92.51 L62.L7 279.69 233.05 L23.65 FEET; FEET; FEET; FEET; FEET, FEET; FEET, FEET; FEET; EKN REBAR AND CAP, L. S. l-9598 , IN PLACE; THENCE S Og" 09 ', 54tt W 180 . 59 FEET To AN EXfSTING FENCE POST; THENCE S 09"33'231t E.72'35 FEET TO AN EXTSTING FENCE POST; THENCE S O8"OO'5711 W L1.7.59 FEET TO AN EXfSTING FENCE POST; THENCE S 2L"37'26n W L34.92 FEET TO THE NORTHERLY RIGHT-OF-WAY OF T-7O, THE TRUE POrNT OF BEGINNING, SAID PARCEL CONTAINTNG 25.667 ACRES MORE OR LESS. 89046. 189 , 9-30-91 REV. LO/r/eL REV. Lt/5/eL tJniix E18 prtE909 PROPERTY DESCRIPTIONpARCEL rrBrr A PARCEL OF LAND SITUATED IN souTH, RANGE 90 WEST OF THE GARFTELD, STATE OF COLORADO. DESCRIBED AS FOLLOWS: THE W%NWh OF SECTTON 36, TOWNSHTP 5 SIXTH PRINCIPAL MERIDIAN, COUNTY OF SAID PARCEL BEING MORE PARTICULARLY (ALL BEARINGS CONTATNED HEREIN BEING RELATIVE TO A BEARING OF N EZ"TC'O4II E BETWEEN THE NORTHWEST CORNER AND THE NORTH ONE QUARTER coRNER OF SECTION 25 OF SAID TOWNSHIP AND RANGE) CoMMENCTNG AT THE NORTHWEST CORNER OF SAID SECTION 36i THENCE S 31O19r54rr E ].70O.30 FEET TO A POINT ON THE NORTHERLY RTGHT-OF-WAY OF l-7O, A REBAR AND CAP L.S. #Lg5g8 IN PLACE, THE TRUE POrNT OF BEGINNTNG; THENCE LEAVING SAID RIGHT.OF-WAY N 21"3712611 E L34.92 FEET TO AN EXfSTING FENCE POST; THENCE N 08"OO'57 E LL7'59 FEET TO AN EXISTING FENCE POST; THENCE N 09"33'2311 W 72.35 FEET TO AN EXfSTING FENCE POST; THENCE N 09"09'54t1 E 180.59 FEET TO A REBAR AND CAP L.S. #TgSgE IN PLACE;THENCE N 9O"OO'OOIT E 140.88 FEET TO A POTNT IN THE CENTERLINE OF CANYON CREEK; THENCE S 13"T9,L3'I W ALONG SAID CENTERLINE 133.28 FEET; THENCE CONTINUING ALONG SAID cENTERLINE S ].3"58,2611 E 286.76 FEET; THENCE CONTINUING ALONG SAID CENTERLINE S 30"28,4611 E 92.4L FEET TO A POINT ON THE NORTHERLY RIGHT-oF-WAY OF I-70, THENCE ALONG SAID RIGHT-OF-WAY ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 5689.60 FEET AND A CENTRAL ANGLE OF Ot-"4gr25", A DISTANCE OF 181-.09 FEET, (CHORD BEARS S 88"53r49rr W l-81-.08 FEET); THENCE CONTINUING ALONG SAID RIGHT-OF- WAY S 89"48'43r' W 128.11- FEET TO THE TRUE POINT OF BEGfNNING; SAID PARCEL CONTATNTNG 2.01-2 ACRES, MORE OR LESS- 9046.189 Lt/05/eL o t GARFIELD COUNTY REGULATORY OFFICES AND PERSONNEL August 14,l99l Ron Liston Land Design PartnershiP P.O. Box 517 Glenwood Springs, CO 81602 RE: Boland Ranch Properties - Subdivision Exemption Dear Ron: At their meeting on August 12,1991, the Board of County Commissioners approved an exemption request for Boland Ranch Properties. Approval of the request was subject to the completion of the following conditions: 1. All representations of the applicant shall be considered conditions of approval unless otherwise stated by the applicant. Z. The applicant shall have 120 days to complete the required conditions of approval. Extensions of 120 days may be granted by the Board for a period of up to one (l) year. 3. The exemption plat shall consist of two 2 acre parcels and a 2l acre parcel. Each parcel shall meet setback requirements. An I.S.D.S. sharing agreement shall be prepared, approved by staffrecorded and referenced on the exemption plat. The applicants shall submit $400 in School Impact Fees. The applicants shall consider wildlue prevention guidelines from the State Forester and the U.S.F.S. in the construction of the home. An easement for the waterline extending to each residence and the well exemption plat. A well sharing agreement shalt be prepared, approved by staff recorded and referenced on the exemption plat. 4 5. 6. 7 lo9 8TH STREET, SUtrE 303 . g45-82t21625-557t1285-7g72 . GLENWOOD SPRINGS, COLORADO 81601 t o Ron Liston Page2 August 14,l99l 8. The 100 year floodplain shall be depicted on the exemption plat. 9. The following notes shall be included on the exemption plat: a) These lots are serviced by a shared well and are subject to a well sharing agreement. b) Lots - and - are serviced by a common wastewater system and are subjert to an I.S.D.S. sharing agreement. Wildfrre prevention guidelines of the U.S.F.S. and Colorado State Forester shall be incorporated in home construction and site planning and design. No more than two (2) additional splits resulting in three (3) parcels are allowed on the larger parcel. 10. The applicant shall prepare a plat note, subject to review and approval by the County Attorney, stating that the property is subject to non-conforming use regulations in reference to the two(2) single family dwellings. All future development shall be subject to current zoning regulations. Upon completion of these requirements and the submittal of an acceptable exemption plat, the plat and resolution can be signed by the Board of County cornmissioners. If you have any questions, please do not hesitate to call. Sincerely, # Andrew C. McGregor Planner t c) d) ACM/rlb