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HomeMy WebLinkAbout4.0 Resolution 96-51496869 B-988 P-152 08/06/96 01:38P PG 1 OF 4 REC DOC NOT MI-? DRED- ALSDORF GARFTELD- COUNTY CLERK AND RECORDER- 0. -00 - STATE OF COLORADO )ss County of Garfield 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 5th of August A.D. 19 96 , there were present: Marian L Smith Arnold L. Mackley Elmer (Buckey) Arbaney 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. 96-51 A RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE GARFIELD COUNTY SUBDIVISION REGULATIONS FOR PETER SAHULA. WHEREAS, PETER SAHULA 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 94.406 acre tract as described in Book 356.at Page 264, as filed in the Offices of the Clerk and Recorder of Garfield County, Colorado, into four (4) tracts of approximately 10.000,12.288, 36.067 and 36.051 acres each, with the exemption parcels more practically as follows: Lot A Lot B Lot C Lot D See Attached Exhibit A See Attached Exhibit A See Attached Exhibit A See Attached Exhibit A (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 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 496869 B-988 P-153 08/06/96 01:38P PG 2 OF 4 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; and NOW THEREFORE, BE IT RESOLVED that the division of the above described 94.406 acre parcel is hereby exempted from such definitions and may be conveyed in the form of the "Lot A", "Lot B", "Lot C" and "Lot D" as are 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 August , A.D. 19 96 ATTEST: Cl - of the Board GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFIELD COUNTY, COLORADO 4 -� D L Chairman Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: Commissioner Chairman Marian I. Smith Commissioner Elmer (Bucket') Arbaney Commissioner Arnold L. Macklev (absent) STATE OF COLORADO ) )ss County of Garfield ) , Aye , Aye 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 01:38P PROPERTY DESCRIPTION LOT A A PARCEL OF LAND SITUATED IN LOTS 2 AND 8 AND A PORTION OF THE MEANDER LANDS IN SECTION 30, TOWNSHIP 6 SOUTH, RANGE 94 WEST, AND IN LOT 1, THE SE1/4NE1/4 AND A PORTION OF MEANDER LAND IN SECTION 25, TOWNSHIP 6 SOUTH. RANGE 95 WEST, DF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO; SAID PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST QUARTER CORNER OF SECTION 30, A REBAR AND CAP, L.S. NO. 17662, IN PLACE; THENCE 5 00'26'31" E ALONG THE WESTERLY LINE OF SAID SECTION 30 516.31 FEET TO A POINT ON THE CENTERLINE OF THE COLORADO RIVER, THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID WESTERLY LINE S 66'22'21" W ALONG THE CENTERLINE OF THE COLORADO RIVER 204.67 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF COUNTY ROAD NO. 323; THENCE N 10'49'34" W ALONG SAID EASTERLY RIGHT-OF-WAY LINE 134.10 FEET; THENCE CONTINUING ALONG SAID EASTERLY RIGHT -0F -WAY ALONG AN ARC OF A CURVE TO LEFT HAVING A RADIUS OF 603.45 FEET AND A CENTRAL ANGLE OF 06'29'59", A DISTANCE OF 68.46 FEET (CHORD BEARS N 14'04'34" W 68.42 FEET); THENCE CONTINUING ALONG SAID EASTERLY RIGHT--OE-WAY LINE N 17'19'34" W 473.77 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF THE DENVER AND RIO GRANDE WESTERN RAILROAD, A REBAR AND CAP. L.S. NO. 7662 IN PLACE; THENCE N 54'52'12" E ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE 752.34 FEET; THENCE LEAVING SAID SOUTHERLY RIGHT-OF-WAY 5 35'07'48' E 376.74 FEET TO A POINT ON THE CENTERLINE OF COLORADO RIVER; THENCE 5 50'07'32" W ALONG SAID CENTERLINE 384,03 FEET; THENCE CONTINUING ALONG SAID CENTERLINE 5 11'13'32" W 417.43 FEET; THENCE CONTINUING ALONG SAID CENTERLINE 5 66'22'21' W 93.50 FEET TO THE TRUE POINT OF BEGINNING; SAID PARCEL OF LAND CONTAINING 10.000 ACRES, MORE OR LESS. SUBJECT TO A NON-EXCLUSIVE 60.00 FOOT WIDE ACCESS AND UTILITY EASEMENT FOR THE BENEFIT OF LOTS B, C. AND D, AS SHOWN ON THE SAHULA SUBDIVISION EXEMPTION PLAT AND FOR THE FUTURE BENEFIT OF ANY CONTIGUOUS REAL PROPERTY AS THE OWNER OF SAID LOT D MAY, IN THE FUTURE, IN SAID OWNER'S SOLE DISCRETION, DESIGNATE. PROPERTY DESCRIPTION LOT- 9 A PARCEL OF LAND SITUATED IN LOTS 2, 3 AND 4 AND A PORTION OF THE MEANDER LANDS IN SECT ON 30,-OWNSHiP 5 SOUTH, RANGE 94 WEST, OF -HE S XTH PRINCIPAL MERID AN, COUNTY OF GARFIELD, STA -EE OF COLORADO; 5A!0 PARCEL OF LAND BE NG MORE PAR-ICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WES- QUARTER CORNER OF 5A1D SEC -ION 30, A RERAR AND CAP, L.S. NO. 17662 IN PLACE; THENCE N 27'09'50" E 545.06 FEE- -0 A POINT ON -HE SOUTHERLY RIGHT -0F -WAY L NE OF THE DENVER AND RI'O GRANDE WESTERN RA LROAD, -HE -RUE POINT OF BEGINN NG; THENCE N 54'52'12" E ALONG SAID SOUTHERLY RIGHT-OF-WAY L NE 890.64 FEET; THENCE CONTINUING ALONG SAID RIGH -0F -WAY ALONG THE ARC OF 4 C'JRVE TO THE RIGHT HAv1NG A RAD U5 OF 2804.93 FEET AND A CENTRAL ANGLE OF 37'02'00", A DISTANCE OF '812.97 FEET (CHORD BEARS N 63'49'58' E 1781.58 FEET); THENCE LEAVING SAID RIGHT-OF-WAY 5 25'06'06' 4 962,55 FEET -0 A PO NT ON THE CENTERLINE OF THE COLORADO RIVER; THENCE N 73'24'25" W 499-04 FEET, THENCE CON-INU NG ALONG SA D CENTERLINE S 83'00'32" W 1249-00 FEE-: THENCE CONTINUING ALONG SAID CENTERLINE S 50'07'32" W 203.97 FEET, THENCE LEAVING 5A1D CENTERLINE N 35'07'48" w 376 74 FEET '0 -HE -RUE POINT OF BEGINN NG. SA D PARCEL CONTA NING 36 067 ACRES, MORE OR LESS. a TOGETHER WITH A NON-EXCLUS=VE 60.00 FOOT WIDE ACCESS AND UTJL TY OD EASEMENT OVER, UNDER AND ACROSS LOT A AS SHOWN ON THE SAHULA 00 SUBDIVISION ExEMP"ION PLA- AND SUBJECT TO A NON-EXCLUSIVE 60-00 FOOT CA W DE ACCESS AND U-ILI-Y EASEMENT FOR `HE BENEFIT OF LOTS C AND D, AS SHOWN -ON-SAID PEA', AND FOR THE FURTHER-BENEr"- - OF AN-' CONT.GUD'LS REAL PROPERTY A5 -HE OWNER OF SAID L07 D MAY, IN THE FUTURE, N SAID OWNER'S SOLE DISCRETION. DESIGNATE. CJS ALSO SUBJECT -0 AN EASEMENT =0R THE RENEE. T OF L0'S A. C AND ID AND CD THE LOCAL FIRE PROTECTION DIS-RICT FOR ACCESS TO AND MAINTENANCE OF 00 THE DRY F RE HYDRANT, A5 DEPICTED ON SAID PLA -UD. CD d'' PROPERTY DESCRIPTION LOT C A PARCEL OF LAND SITUATED IN LOTS 4 AND 5 ANO THE SE1/4NE1/4 OF SECT ON 30, TOWNSHIP 6 SOUTH. RANGE 94 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 EAST QUARTER CORNER OF SAID SECTION 30, THENCE N 01'50'35' E ALONG THE EASTERLY LINE OF SAID SECTION 30 389.28 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF THE DENVER AND RIO GRANDE WESTERN RAILROAD: THENCE LEAVING SAID EASTERLY LINE N 69'26'28" W ALONG SAID SOUTHERLY RICHT-OF-WAY LINE 273.65 FEET TC THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID SOUTHERLY RIGHT -DF - WAY LINE S 39'30'00' W 894.01 FEET TO POINT ON THE CENTER LINE OF THE COLORADO RIVER; THENCE N 73'24'28" W ALONG SAID CENTER LINE 1648.38 FEET; THENCE LEAVING SAID CENTER LINE N 25'06'06" E 962.65 FEET TO .A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID DENVER AND RIO GRANDE WESTERN RAILROAD; THENCE S 69'26'28" E ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE 1858-38 FEET 70 THE TRUE POINT OF BEGINNING; SAID PARCEL OF LAND CONTAINING 36,051 ACRES, MORE OR LESS. TOGETHER WITH A NON-EXCLUSIVE 60.00 FOOT WIDE ACCESS AND UTIL'TY EASEMENT OVER, UNDER AND ACROSS LOTS A AND B AS SHOWN ON THE SAHULA SUBDIVISION EXEMPTION PLAT AND SUBJECT TO A NON-EXCLUSIVE 60.00 FOOT WIDE ACCESS AND UTILITY EASEMENT FOR THE BENEFIT OF LOT D. AS SHOWN ON SAID PLAT, AND FOR THE FURTHER BENEFIT OF ANY CONTIGUOUS REAL PROPERTY AS THE OWNER OF SAID LOT D MAY, IN THE r-,1riIIP" .'1 T.ID OWNEO'S SOL' DISCRETION, DESIGNATE. 0 08/06/96 01:38P PROPERTY DESCRIPTION LOT D A PARCEL OF LAND SITUATED IN LOT 5 ANO THE SE1/4NE1/4 OF SECTION 30. TOWNSHIP 6 SOUTH, RANGE 94 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 EAST OUARTER CORNER OF SAID SECTION 30, THE TRUE POINT OF BEGINNING; THENCE S 04'32'36" E ALONG THE EASTERLY LINE OF SAID SECTION 30 442.31 FEET;THENCE S 85'27'24" W A DISTANCE OF 271.22 FEET TO A POINT ON THE NORTH BANK OF THE COLORADO RIVER; THENCE S 04'32'36" E 203.69 FEET TO A POINT ON THE CENTER LINE OF THE COLORADO RIVER; THENCE N 51'29'28" W ALONG SAID CENTER LINE 94.78 FEET; THENCE CONTINUING ALONG SAID CENTER LINE N 46'35'38" W 525.00 FEET; THENCE CONTINUING ALONG SAID CENTER LINE N 73'24'28" W 143.58 FEET; THENCE LEAVING SAID CENTER LINE N 39'30'00" E 894.01 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF THE DENVER AND RIO GRANDE WESTERN RAILROAD, THENCE S 69'26'28" E ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE 273.65 FEET TO A POINT ON THE EASTERLY LINE OF SAID SECTION 30: THENCE LEAVING SAID SOUTHERLY RIGHT-OF-WAY LINE S 01'50'35" W ALONG SAID EASTERLY LINE 389.28 FEET TO THE TRUE POINT OF BEGINNING; SAID PARCEL DE LAND CONTAINING 14.3445 ACRES. MORE OR LESS. TOGETHER WITH A NON-EXCLUSIVE 60.00 FOOT WIDE ACCESS AND UTILITY EASEMENT OVER, UNDER AND ACROSS LOTS A, B AND C AS SHOWN ON THE SAHULA SUBDIVISION EXEMPTION PLAT FOR THE BENEFIT OF LOT D AND FOR THE BENEFIT OF ANY CONTIGUOUS REAL PROPERTY AS THE OWNER OF SAID LOT D MAY, IN THE FUTURE, IN SAID OWNER'S SOLE DISCRETION, DESIGNATE. ACCESS AND UTILITY EASEMENT DESCRIPTION A 60.00 FOOT WIDE STRIP OF LAND SITUATED IN LOTS 2, 3. 4. 5 AND 8, THE E1/2NE1/4 AND A PORTION OF MEANDER LAND IN SECTION 30, TOWNSHIP 6 SOUTH, RANGE 94 WEST AND 1N LOT 1, THE SE1/4NE1/4 AND A PORTION OF MEANDER LAND IN SECTION 25, TOWNSHIP 6 SOUTH, RANGE 95 WEST, OF THE SIXTH PRINCIPAL MERIDIAN. COUNTY OF GARFIELD, STATE OF COLORADO; SAID STRIP OF LAND BEING 30.00 FEET TO EACH SIDE OF THE FOLLOWING DESCRIBED CENTER LINE COMMENCING AT -THE WEST -QUARTER -CORNER -OF- S'ECT-ION--30;-THENCE 5 35'00'14" W 422.62 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF COUNTY ROAD NO- 323, THE TRUE POINT OF BEGINNING; THENCE N 06'11'26" E ALONG THE CENTER LINE OF 5AID ACCESS AND UTILITY EASEMENT 30.80 FEET; THENCE CONTINUING ALONG SAID CENTER LINE N 03'59'22" E 165.58 FEET; THENCE CONTINUING ALONG SAID CENTER L,NE ALONG AN ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 500.00 FEET, A DISTANCE OF 289.x/ FEET AND A CENTRAL ANGEL Of 33'12'18" (CHORO BEARS N 20'35'31' E 285.73 FEET); THENCE CONTINUING ALONG SAID CENTER LINE N 37'11'40" E 66.74 FEET; THENCE CONTINUING ALONG SAID CENTER LINE N 35'00'06" E 117.30 FEET TO A POINT 30.00 FEET SOUTHERLY OF THE SOUTHERLY RIGHT-OF-WAY LINE DF THE DENVER AND RIO GRANDE WESTERN RAILROAD; THENCE CONTINUING ALONG SAID CENTER 'LINE ALONG A LINE 30.00 FEET SOUTHERLY OF AND PARALLEL TO SA:0 SOUTHERLY RIGHT-OF-WAY LINE • 54'52'12" E 1230.92 FEET; TI -FENCE CONTINUING ALONG SAID CENTER LINE 30.00 =EET SOUTHERLY OF AND PARALLEL TO SAID SOUTHERLY R GHT-OF-WAY LINE ALONG AN ARC OF A NON -TANGENT CURVE TO THE RIGHT HAVING A RADIUS CF 2774.93 ;EFT, A DISTANCE OF 38.39 FEET AND A CENTRAL ANG:_E OF 00'47'34" (CHORD BEARS N 65'48'08" E 38.39 FEET); THENCE LEAVING SAID PARALLEL LINE ALONG SAID CENTER LINE N 69'31'54" E '6.22 FEET; THENCE CONT NUING ALONG SAID CENTER L'NE N 85'24'15" E '10-64 FEET; THENCE CONTINUING ALONG SAID CENTER LINE 5 85'21'08" E 149.24 FEET, THENCE CONTINUING ALONG SAID CENTER LINE S 74'42'39" E 68.78 FEET; THENCE CONTINUING -ALONG -SAID -CENTER-LINE N -86'19'2E-" E 43.9-6-FELS.;-THENCE_ E 48.88 FEET; THENCE E 68.93 FEET; THENCE E 156.01 FEET; THENCE E 62.44 FEET; THENCE E 98.48 FEET; THENCE E 104,05 FEET; THENCE E 100.59 FEET; THENCE E 99.90 FEET; THENCE E 78.58 FEET; THENCE E 71.82 FEET; THENCE CONTINUING ALONG SAID CENTER LINE N 84'0255 E 50.04 FEET TO A POINT 30.00 FEET SOUTHERLY OF THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID DENVER AND RIO GRANDE WESTERN RAILROAD RIGHT-OF-WAY LINE; THENCE CONTINUING ALONG SAID CENTER LINE ALONG A LINE 30.00 FEET SOUTHERLY OF AND PARALLEL TO SAID SOUTHERLY RIGHT-OF-WAY LINE ALONG AN ARC OF A NON -TANGENT CURVE TO THE RIGHT HAWING A RADIUS OF 2774.93 FEET, A DISTANCE OF 451.78 FEET AND CENTRAL ANGLE OF 09'19'42' (CHORD BEARS S 82'18'53" E 451.28 FEET); THENCE CONTINUING ALONG SAID CENTER LINE ALONG A LINE 30.00 FEET SOUTHERLY OF AND PARALLEL TO SAID SOUTHERLY RIGHT-OF-WAY LINE S 69'26'28" E 2142.19 FEET TO A POINT ON THE EASTERLY LINE OF SAID SECTION 30 (WHENCE THE EAST QUARTER CORNER BEARS S 01'50'35" W 357,61 FEET) THE TERMINUS; SAID STRIP OF LAND CONTAINING 8,070 ACRES, MORE OR LESS, CONTINUING ALONG SAID CONTINUING ALONG SAID CONTINUING ALONG SAID CONTINUING ALONG SAID CONTINUING ALONG SAID CONTINUING ALONG SAID CONTINUING ALONG SAID CONTINUING ALONG SAID CONTINUING ALONG SAID CONTINUING ALONG SAID CENTER LINE N CENTER LINE N CENTER LINE N CENTER LINE N CENTER LINE N CENTER LINE N CENTER LINE N CENTER LINE S CENTER LINE N CENTER LINE N 53'27'03" 52'01'19" 58.08'07' 70'05'14" 77'14'29" 81'34'33" 84'55'14" 89'36'16" 80'44'15' 86'04'29"