HomeMy WebLinkAbout2.0 Resolution 78-29Recorded at.s..27.a.,4v.�. o'clo.,k_../�...__M.
AUG 1..6 1978
Reception ilo . 2R7'Z63 Ella _Stephens. Recorder
RES0LU•TI ON -4'70-24;
BOOKS! ! 4 PAGE
WHEREAS, JOHN HUEBINGER, has petitioned the Board of County Commissioners of
Garfield County, Colorado, for an exemption under C.R.S. (1973) Section 30-28-
101 (10) (a) - (d) as amended, and the Subdivision Regulations_of Garfield County,
Colorado, adopted September 1, 1972 and amended April 14, 1975, Sections .1.02 17'
.
(d) and 3.02.01, for the exemption of two tracts of .37 acres each, more or less,
from a larger tract of land which is more particularly described as follows:
Lots 14 and 25 in Section 1, Township 7 South, Range 89 West,
6th P.M., and that part of Lots 5, 13, 15 and 24 in said
Section 1, lying South and West of the following described
line:
Beginning at a point on the North line of said•Lot 5 whence
the Northwest corner of said Section 1 bears South 86° 33'
West 93.88 feet, thence South 22° 03' East 60.4 feet, thence
South 16° 31' East 126.7 feet, thence South 11° 33' East
542.7 feet, thence South 190 41' East 969.7 feet, thence
South 34° 08' East 283.0 feet, thence South 52° 22' East
706.0 feet, thence South 32° 58' East 582.6 feet, thence
South 44° 29' East 406.0 feet to the East line of said
Lot 24.
Lots 1, 2, 3, 4, 5, 9, 10, 11, 12, 13, 14, 15, 16, 19, and
20; all in Section 2, Township 7 South, Range 89 West, 6th
P.M.
That part of Lot 3 of Section 36 and that part of Lots 11
and 26 of Section 35, all in Township 6 South, Range 89 West,
6th P.M. lying Southwesterly of the following described line:
Beginning at a point on the South line of said Lot 3 whence
the Southwest corner of said Section 36 bears South 86° 33'
West 93.88 feet thence North 22° 03'.West 312.7 feet,
thence North 46a 47' West 545.5 feet, thence North 42° 04'
East 160.0 feet to the center of the Roaring Fork River,
thence North 51° 48' West 124.1 feet alone the center of the
Roaring Fork River, thence North 45° 57' West 239.8 feet
along the center of the Roaring Fork River, thence North
64° 33' West 507.8 feet along the center of the Roaring
Fork River, thence North 84° 52' West 169.6 feet along the
center of the Roaring Fork River to the West line of said
Lot 26.
Lots 12, 13, 14, 15 and 27 in Section 35, Township 6 South,
Range 89 West, 6th P.M., and that part of Lots 7, 8 and 28
in Section 35, lying South of the Roaring Fork River.
Also lots numbered 8, 18, 21, and 22, all in Section 2,
Township 7 South, Range 89 West of the 6th P.M., containing
87.17 acres, more or less. _
EXCEPT that portion thereof conveyed by instrument recorded
November 5, 1957 in Book 305 at Page 204. And EXCEPT the
following described parcels.
t ju, 5514. PAGE 277
PARCEL #1
A parcel of land situated in Lots 14, 15, and 7, Section 35
Township No. 6 South, Range No. 89 West of the 6th Principal
Meridian, Garfield County, Colorado, more fully described
as follows:
Beginning at a point whence the Southeast Corner of said
Section 35 bears S. 84° 27' 41" E. 3340.49 feet; thence N.
220 09' 56" W. 274.34 feet; thence N. 82° 55' 00" E. 240.00
feet; thence S. 20° 35' 40" E. 185.00 feet; thence S. 69°
24' 20" W. 82.00 feet; thence along the Arc of a curve to the
left having a radius of 328.44 feet a distance of 148.88 feet
to the point of beginning, containing 1.159 acres, more or
less.
PARCEL #2
A parcel of land situated in Lots 7 and 14, Section 35,
Township No. 6 South, Range No. 89 West of the 6th Principal
Meridian, Garfield County,Colorado, more fully described as
follows:
Beginning at a point whence the Southeast Corner of said Section
35 bears S. 80° 10' 58" E. 2972.104 feet; thence N. 07° 18'
48" W. 251.73 feet; thence N. 71° 15' 00" E. 142.00 feet; thence
S. 280 58' 00" E. 233.00 feet; thence along the Arc of a curve
to the right having a radius of 930.00 feet a distance of
135.89 feet; thence S. 690 24' 20" W. 98.27 feet to the point
of beginning, containing 1.041 acres, more or less.
Said .37 acre tracts are more particularly described in the
following descriptions for Lots 5 and 6 of the Westbank Ranch
Subdivision, Filing No. 3:
LOT 5A
A parcel of land situated in Lots 1 and 2 of Section 2, Township
7 South, Range 89 West of the Sixth Principal Meridian.
Beginning at the Northeast corner of Lot 5 of Westbank Ranch
Subdivision, Filing No. 3 as filed in the Office of the Clerk
and Recorder of Garfield County, Colorado, being the same as
the Northwest corner of Lot 6 in said Westbank Ranch Subdivision,
Filing No. 3; thence S. 00° 04' 37" W. 397.44 feet; thence
N. 500 31' 33" W. 298.72 feet; thence N. 15° 00' 00" E. 272.73
feet to a point on the Southerly line of Westbank Road in said
Subdivision; thence S. 70° 48' 00" E. 169.99 feet along the
Southerly line of said Westbank Road to the point of beginning.
The above described parcel of land contains 1.584 acres, more
or less.
LOT 6A
A parcel of land situated in Lot 2 of Section 1 and Lots 1 and
2 of Section 2, all in Township 7 South, Range 89 West of the
Sixth Principal Meridian.
Beginning at the Northeast corner of Lot 5 of Westbank Ranch
Subdivision, Filing No. 3 as filed in the Office of the Clerk
and Recorder of Garfield County, Colorado, being the same as
the Northwest corner of Lot 6 in said Westbank Ranch Subdivision
Filing No. 3; thence 61.72 feet along the arc of a curve to the
right, having a radius of 170.00 feet along the Southerly line
of Westbank Road in said Subdivision; thence S. 500 00' 00" E.
320.26 feet along the southerly line of said Westbank Road;
thence S. 61° 40' 41" W. 339.92 feet; thence N. 000 04' 37" E.
397.44 feet to the point of beginning.
The above described parcel of land contains 1.405 acres, more
or less.
Br -Mr -514 514 PACE 278
-3-
WHEREAS, the Petitioner has demonstrated to the satisfaction of the Board of
County Commissioners that he desires said exemption for the purpose of addition
to ;'Lots 5 and 6 of the Westbank Ranch Subdivision, Filing No. 3, and that no
third -party ownership will be created;
WHEREAS, the Petitioner has demonstrated to the satisfaction of the Board of
County Commissioners that there is a reasonable probability of locating domestic
water on each of said tracts, that there is adequate ingress and egress to said
tracts, that the location of septic tanks will be permitted by the Colorado
Department of Health, that the requested division is in accordance with 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
`J+
the terms "subdivision" and "subdivided land" as set forth in C.R.S. (1973)
Section 30-28-101 (10) (a) - (d) as amended;
NOW THEREFORE, upon motion of 72 .( . J // , seconded by
liaoe,v\ and carried, said large tract of land is hereby
exempted from such definition and transfer of said tract may be made by division
into two tracts of .37 acres each, more or less, all as is more fully described
above, said exemption is conditioned upon the .37 acre parcels being added to Lots
5 and 6 of the Westbank Ranch Subdivision, Filing No. 3, and further, that no
third -party ownership in said .37 acre tracts will be created. A copy of the
instrument(s) of conveyance when recorded shall be filed with this Resolution.
Dated this ;)?-614., day of / Y,ttG tJ A.Q. 1978.
Attest: % . A._
Deo- ty C,- of the Bo. d
of oun - Commissioners
Garfield County, Colorado
NO.::O5 CERTIFICATE OF COPY OI" RECORD
STLTE OF COLORADO,
County of
Garfield ss
THE BOARD OF COUNTY COMMISSIONERS
OF GARFIELD COUNTY, COLORADO
By;
Larry Velazquez,/ Chairman
by Flaven J. Ce ise, Chairman Pro -Tem
IA • Ella Stephens
, County Clerk
and`lte i•ti'cnan and for said County, in the State aforesaid, do hereby certify that the foregoing is a full, true
r' 0 ; i ` `s..
,and cortect ..a4?3f of.G Resolution #78-29
.._... _
recorded in Commissioners business
''13. 9- tFn,s€ ncaypea.rs to fion the records of my office.
l
( ' '. �. Given under my hand and official seal, this 15th day of
, e? August 78 9:55 A.
y 0,7, A. D. 19 o'clock Al.
County Clerk and Recorder