HomeMy WebLinkAbout6.0 Resolution 83-159•STATE OF COLORADO
ss
County of Garfield.
BOOK
630 PAGE
Recorded at <78 • Q o'clock �", Mi JUL 19198 -•.
Reception No..,,e, 3935 MILDRED ALSDORF, RECORDER
-At, a . regular meeting of the Board of County
Commissioners for Garfield, Colorado, held at the CommissionersAnnex i
Glenwood Springs on Monday the 18th day of July A.D.
9 `83 :there were present:
Eugene "Jim!' Drinkhouse , Commissioner Chairman
Larry Velasquez , Commissioner
Flavei J. Cerise , Commissioner
Earl Rhodes , County Attorney
`Mildoed Alsdorf , Clerk of the Board
when. the following' proceedings, among others were had and done,
RESOLUTION NO. 83-159
o -wit:
A RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE GARFIELD COUNTY
SUBDIVISION REGULATIONS FOR MARK ARNOVE.
WHEREAS, Mark Arnove has -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, January 2, 1979, Sections 2.02.21 (d)
and 3.02.0.1.for the division of a 60 acre tract described as follows:
Book 486,_` Page 584 as found in the Garfield County Clerk and Recorders
Office into 4:tracts of approximately 4, 5, 15 and 35 acres each, more or
less, which proposed divided tracts are more particularly described as
:follows:
TRACT A:
TRACT B:
TRACT C:
TRACT D:
See Tract 1, Exhibit "A", attached.
See Tract 2, Exhibit "B", attached.
See Tract 3, Exhibit "C", attached.
See Tract 4, Exhibit "D", attached,
(in the State of Colorado and County of Garfield); and
WHEREAS, the Petitioner has 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. impact created 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
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 isnot 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 tracts "A", "B", "C" and "D" from the above 60 acre tract is
hereby exempted from such definitions and said tract may be divided into •
tracts "A", "B", "C" and "D", all as is more fully described above, and
said divided tract may be conveyed in the form of such smaller tracts
without further compliance with the aforesaid subdivision statutes and
regulations; provided, however, that this exemption is granted on the
condition and with the express understanding and agreement of the
Petitioners that no further exemptions be allowed on said tracts "A", "B",.
"C" and "D" and that a•copy of the instrument or instruments of conveyance`;
when recorded shall be filed with this Resolution.
ATTEST
LdiLe1sd
Cl rk of :the.Board
BOOK 630 rAGE86S
GARFIELD COUNTY BOARD OF COMMISSIONERS
GARFIELD COUNTY, COLORADO.
Upon motion duly made and se:onded the foregoing Resolution was
adopted by the.following vote:
Eugene "Jim" Drinkhouse
Larry Velasquez
Flaven J. Cerise
STATE OF COLORADO
)ss
County of Garfield
Ave
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 Order is truly
copied from the Records of the Proceedings 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.
EXHIBIT "A"
BMX 630 Fac€869
TRACT 1
(13.63 Acres)
A tract of land situate in Lot 15 and the SE1/4 of Section
28, Township 6 South, Range 88 West of the 6th Principal
Meridian, being more.particularly described as follows:
Beginning at a point on the south line of said Lot 15,
whence a No. 5 rebar with plastic cap marked LS 3317
found in place for the southwest corner of said Lot 15
bears N. 90°00'00" W. 275.00 feet; thence
N..05°42'27" E. 878.30 feet; thence N.90°00'00" W.
31.84 feet; thence N. 18°42'36" W. 57.81 feet to a No. 4
rebar; thence N. 18°42'36" W. 173.70 feet to a No. 4
rebar;' thence N. 71°26'45" E. 90.74 feet to a No. 4
rebar;•thence S. 23°28'34" E. 302.80 feet to a No. 4
rebar; thence S. 55°32'42" E. 917.77 feet; thence
S. 00°00'00" W. 325.12 feet to a point on the south line
of said SE1/4 thence N. 90°00'00" W. 192.69 feet to the
South 1/4 .corner of said Section 28; thence
N. 90°00'00" W. 751.97 feet along the south line of said
Lot 15 to'the"point of beginning, containing 13.63
acres, more or less.
Together with a non-exclusive easement to use, construct,
install; repair, replace, and maintain a water well, water
line, and water distribution system, situate in Lot 15,
Section 28, Township 6 South, Range 88 West of the 6th
Principal Meridian, being 15 feet in width and lying 7-1/2
feet on each side of the following described centerline:
Beginning at a point whence a No. 5 rebar with plastic
cap marked LS 3317 found in place for the southwest
corner of said Lot 15 bears S. - 26725' 1 0" W. 428.72, feet;
thence N. 14°03'55" E. 201.26 feet; thence
• S. 90°'00'00" E. 93.22 feet to a point on the west line
of the above.described parcel.
The sidelines of the above described easement being
lengthened or shortened on the easterly end to terminate
on said west property line and on the south end the
sidelines shall be in the shape of a circle having a
radius of 15 feet with the radius point being the point
of beginning of this easement description.
And together with an access easement situate in Lots 10 and
15 and the SE1/4 of Section 28, Township 6 South, Range 88
West of the 6th Principal Meridian, being 30 feet in width
and lying 15 feet on each side of the following described
centerline: -
Beginning at.a point on the south line of said SE1/4 of
Section 28 whence a No. 5 rebar with plastic cap marked
LS 3317. found in placefor the southwest. corner of said
Lot 15 bears N. 90°00'00" W. 1736.46 feet; thence
N . 50°46'02" W. 175.99 feet; thence N. 56°59'13" W.
158.05 feet; thence N. 75°50'52" W. 352.68 feet; thence
N . 50°'1 1' 53" W. 146.68 feet; thence N. 45°09'19" W.
103.65 feet; thence N. 68°30'39" W. 90.70 feet; thence
N . 73°2.7'39" W. 107.38 feet; thence N. 47°00'26" W.
117.80 feet; thence N. 44°16'32" W. 282.98 feet; thence
630
N. 38°39'27" W. 132.34 feet; thence N. 26°03'39" W.
88.25_ feet; thence N. 63'26'06 W. 44.72 feet; thence
N. 26°33'54" W. 44.72 feet; thence N. 11°18'36" W
152.97 feet; thence N. 21 °02 ' 1 5" W. 139.28 feet; thence
N. 20°15'57" W. 277.15 feet_; thence N. 21°46'46" E.
482.44 feet thence N. 51°26'12" W. 69.60 feet to the
point of ending whence said southwest corner of Lot 15
bears S. 06'29'14" W. 2084.73 feet. The sidelines of
the above described easement being lengthened or
shortened on the southerly end to terminate on said
south line of the SE 1/4.
And together with an undivided one—third interest in and to
that certain water well and the water and water rights
appurtenant thereto, which well is located at a point whence
a No. 5 rebar with plastic cap marked LS 3.317 found in place
for the southwest corner of said Lot 15 bears S. 26'25'10" W.
428.72 feet.
EXHIBIT "B"
TRACT 2
(6.47 Acres)
15PQK 630 NtE871
A tract of land situate in Lot 15, Section 28, Township .6
South, Range 88 West of the 6th Principal Meridian, being
more particularly described as follows:
Beginning at the southwest corner of said Lot 15, a No.
5 rebar with plastic cap 'marked LS 3317 found in place,
thence N. 00°31'58" W. 873.0.9• feet along the west line
of said Lot 1.5;, thence S. 90°00'00" E. 370.47 feet;
thence S.' 5°42'27" W. 878.30 feet to the. south line of
said Lot 15; thence N. 90°00'0.0" W. 275:00 feet along
said south line to the point of beginning, containing
6.47 acres more or less.
Together with an access easement situate in Lots 10 and 15
and the SE1/4 of Section 28, Township 6 South,- Range 88 West
of the 6th Principal Meridian, being 30 feet in width and
'lying 15 feet on each side of the following described
centerline:
Beginning at a point on the south line of said SE1/4 of
Section 28 whence a No. 5 rebar with plastic cap marked
LS 3317 found in. place for the southwest corner of said
Lot 15 bears N. 90°00'00 W. 1736.46 feet; thence
N. 50°46'02" W. 175.99 feet; thence N. 56°59'13" W.
158.05 feet; thence N. 75°50'52" W. 352.68 feet; thence
N. 50°11'53" W. 146.68 feet; thence N. 45°09'19" W.
103.65 feet; thence N. 68°30'39" W. 90.70 feet; thence
N. 73°27'39" W. 107.38 feet; thence N. 47°00'26" W.
117.80 feet; thence N. 44°16'32" W. 282.98 feet; thence
N. 38°39'27" W. 132.34 feet; thence N. 26°03'39" W.
88.25 feet; thence N. 63°26'06" W. 44.72 feet; thence
N. 26°33'54" W. 44.72 feet; thence N. 1 1 ° 1 8'36" W.
152.97 feet; thence N. 21°02'15" W. 139.28 feet; thence
N. 20°15'57" W. 277.15 feet; thence N. 21°46'46" E.
482.44 feet; thence N. 51°26'12" W. 69.60 feet to the
point. of ending whence said southwest corner of Lot 15
bears S. 06°29'14" W. 2084.73 feet. The sidelines of
the above described easement being lengthened or
shortened on the southerly end to terminate on said
south line of the SE1/4.
And together with an undivided one-third interest in and to
that certain water well and the water and water rights
appurtenant thereto, which well is located at a point whence
a No. 5 rebar with plastic cap marked LS 3317 found in place
for the southwest corner of said Lot 15 bears S. 26°25'10" W.
428.72 feet.
Subject to a non-exclusive easement to use, construct,
install, repair, replcce, and maintain a water well, water
line, and water distribution system, situate in Lot 15,
Section 28, Township 6 South, Range 88 West of the 6th
Principal Meridian, being 15 feet in width and lying 7-1/2
feet on each side of the following described centerline:
Beginning at a point whence a No. 5 rebar with plastic
cap marked LS 3317 found in place for the southwest
E3LJOK 63 :PA - E872
cornerof said :Lot 15 'bears :.S. 26°25'1'0':•,W.:428..:72 -.feet;"
thence N. 14.003'55" E. 20 1.2,6 .feetF. thence •
S. • 90°00'00" E:. 93.22 -feet to: a point onthe west Line.:
of the above described -parcel.:
The sideline's: of the above: describedeasement being
lengthened or shortened onthe easterly: end: to :.terminate
on said west property :line and on the .south end: the
sidelines shall be in the shape :Of a. circle having. a
radius of 15 :.feet with the radius point.- being the point::
of- begi:nning:of this easement description:
•
And subject to .a non=exclusive.. easement .to.:•use.; construct,
install,repair, replace..`, and maintain. a water ,:well, -water.:.
line:, and :water. distribution :system, s tua.te` :in Lo.t:• 1 5, '
Section 28, Township 6:South, :Range 88 :Wes.t of -the;:.6.th.;
Principal :Meridian:, being : 1 5 fee.t::in:-width : and lying .7-1/2
feet: on each side: of the :following described..cent,erline
with:.
Beginning. at .a point -::•whence " a :No. 5 rebar plastic
cap . marked LS ..331 7...found: in place..for: the. southwest: -
corner o:f said Lot 15. bears . S. 26:°25'1,0" W:: 428.. 72 feet;
thence N. 14°03'55" E. 201.'.26 feet, . thence: :.
N.
:85°.051'49""W,. 140..22 feet; thence- N.', :00°00;'00" .E. .
282.80 feet. to the south .lineof: the above .described •
property::
The sidelines of the above described easement being..
lengthened or shortened. . on the northerly • end to
terminate on.'said •south property:iine: and on the. south
end the sidelines shall be in the shape of a 'circle :.:.
having a radius of 15. feet: with. the. radius point being
the point ofbeginning of this easement description.
tract ;oi
ownsh ip : I
e•
rid ian
•EXHIBIT.:'" '!
CT
rcre s
and situate in Lots,
South, Range` 88 West:i
eing `more; particularl`:
0 and :1:5" of Sect;;ion.- 28
f the 6th Principal
described as fo lows s:
�e• ginnang. at a point on he we•st line of said •
Lot 15,.
whence a No: 5 rebar: with plastic cap marked.: LS '3317,set
for°°the;`southwest corner: of -;Lot :15 bears. S. :00°3':1'58'!. E
1403:99 •'feet, thence N. :90'000:0... E 35:2. 70: feet;. thence
S. 00 3:1'58" E. :281.<84 feet; thence S. .71 26,:'45" :W
90.;74.fe�t ;to a ,No.' 4,.rebar;; thence. 5. 18°42'36"`;,E.::.
?7.3:.70 .feet to a' No. 4 rebar:; thence.
57 81 feet, ..then`ce N.. 90'00'00" W. 3:38.63 feet to said
west, line of Lot: 15, thence N, '0:0°31-.58 W. "530.00 feet
along sa•id west . ine; to ;the point of ;-b.eginn ng,
containing 4.01 ;acres more `or less:.',
Together with a non _exclu'sive:. easement to: use;. construct,
install,,.repair`, :replace,: and: maint"ain a'. 'water well, water.
1 ine' and water distribut:ion system situate in Lo 1:5,
Section 28, `Towns,hip;,.6 South.:, Range.. 88 :West:, of "the 6th
Principal Merid.i"an, being: 15 feet in ,width and lying
feet'`on:`each :side of the':followingdescribed cen erl`ne
Beginning a't a :point whence a No. S rebar with plastic
cap••'marked LS 33:1 7 found in :place for the southwest
corner :of said Lot 1.5 bears : 5 . 26 °2'S'` 10" W.. 4.28. 72 feet, :.
thence .N 14°03'55" ,E. 2.01.26feet, thence
;.:140 22 feet; thence. N. 00°00,'00". E
282:80 feet` to the south' line of the: above described
:: Property.
The :sidelines oft the above described easenment being
:lengthened or hortened on the northerly end to
terminate on': said so:uth`.:pr.operty line ,and on :the south.
end =the 'srdel?nes shal l.: be n` the shape 'Of a Circle':
having a' radius of 1`5 feet wi�.h ,the radius point:'being
the :poen' of: beginning of. •this`. easement description.,•
•
:And together::With an access.>ea"sement situate in Lots• 10 and
.15' and the SE1/4 :of `Section .28, Township',6 South, .Range .86 •
West.' of • the :;6th Principal Meridian,. being 30 : feet. in width
and lying1 5 ,.feet: on each s ide of the _ following- described
centerline:
Beginning •at- a point ,on the sou h line of said. SE 1/4'. of
Se"cation 28 whence a No:....5 -rebar: with .plastic cap marked"
S'.:3317 found in- place for the southwest corner of said:
Lot `15 bears N.:'90 °00' 00". W. 17.36.46 ;feet;:: thence.
W 175.:`'99., 'feet' .thence N 56°5:9'13'.' W.•
158.05'feet.;: thence .N. 75°50'5.2"` W.". 352.6.8 feet;;'':thence-
146.68 :feet": .thence; N. 45°09'19" °W..
-:103.65 feet thence :N.::68°3x:'39" W. :9.0.70; feet; . thence:..:.
W 107..38 feet;:
N: 20°_15'57.".:W. 27.7.:15feet, thence
• 4-82.4-4; feet, thence N.N:. =51 °'26''-1 2"t' •
feet to the`
point _of ending whence said southwest corner of Lot ,:1.�
bears S 06.°29'14".`W. 2084.7.3 `'feet._ The sidelines :o.f:
the a:b`ove .•described easement being ..lengthened or
shortened• on the'southerly :.end•;to ;terminate on said
south `'::line.:: o f ?the'. SE 1/4 _ ....
:And together with. an undivided :one-th:ird interest in • and to..:;:'
that -certain water :well and _the` water and water rights.
appurtenant: thereto, which well as located at a'.point:whence..:
a 'No. 5.: rebar with .plastic. cap ;marked LS :331-7: found ` in: place-.:
for, the southwest corner..:of said Lot 1.5. bears S•.:•:26°2.5'10":.•W.
4:28:72 feet.
EXHIBIT: "D''
(35.01 '-Acres;
A. tract of land situate in'. Lots -..,10.:.and: ;1"5 and th'e.;•STn7.1/4 of
the SE1/4 of .: Section' 28;, :::.Township:. 6•:'South,;. `Range . 88, ;West :'of,
the 6th .Principa .-.Meridian, being more particuiarly descr'ibec
as follows
Beginning ata point: on ,'the , west; 1 ine' of said. Lot 15, •
whence a. No. S •
rebar with p] as:tic cap :marked.. LS 33.1.7.,s
for .the southwest corner.of said: Lot 15 bears
00°34 ' 58" E . .140:3.99.:feet ; thence N. ` 00°3.1'5_81"
981.56:feet `al,ong :the west. line •:of said �.d Lots 10 . and 1`5 . .
to` a rekar and. cap ,foundin place ; . thence
8:. 421°5.0' 25". E. 238::36 feet to, a rebar and : cap found in
place; :thence S. :34. 28'36" E. 168. 96 feet to a -rebarand
cap.; :found in.
place-;. thence N. 51' 1 6' 24" E.' 475.07 feet
to rebar and cap. found in place thence
N. 51 ° 16'' 2'.4 E.30.06 feet` to .the center . of: a county.
road .as ..described. in Rec. No. 273436 .in 'Book 4:86 at Page
584 of the records .of_ the Clerk and Recorder of Garfield
County., Colorado; thence along along said : road centerline the
following' courses. S.:34°32.'00" E., 64.75 feet; thence
15.2.08 feet along the arc of. a 303.08...foot radius curve
to the right:, having a:ceritra1:angle of. 28°45'00" and
subtending a: chord sbearing S. 2.0'6091:30'1:E. 150.49 :feet;
thence S `: 05°47.-' 00" E. 118.48•`feet t'` thence 1032.05 feet:.,..
along the arc of'.a` 2132.17 foot_: radius curve to the left
having a central. angle of • 27°44'00." and subtending a
chord' bearing S. :19.°39'00" E. 1022.00 feet; thence
S. 33°31' 00:'' E. 1201.66 feet; thence 143.94 feet along
th:e `arc -,of :a 669'.34 foot radius curve to the left having:.
'a. central angle of 12°191.15" and subtending a chord
bearing- S.' :39°40'38" E'. 143.66 feet to the south line of
Said :. SW1/4 of the SE1/4;, thence N. 90°00'00" W. 609.38
feet along said: south: line; thence N. 00°00'00" E.
325..1:2 feet; thence N. 55°3.2'41" W. 917.77 feet to a No.
4 . rebar; thence N. 23°28'34" W_ 302.81 feet to a No. 4
`rebar.; thence N. 00°31'58" W. 281.84 feet; thence
N. 90°00'00" W. 352.70 feet to the point of beginning,
containing 35.01 acres more or less.
Subject to an access easement situate in Lots 10 and 15. and
the SE1/4 of Section 15, .Township 6 South, Range 88 West of
the 6th Principal Meridian, being 30 feet in width and lying
15 feet on each side of the following described centerline:
Beginning at. a point on the south line of said SE1/4 of
Section 15 whence a No. 5 rebar with plastic cap marked
LS 3317 found in place for the southwest corner of said
Lot 15 bears N. 90°00'00" W. 1736.46 feet; thence
N. 50°46'02" W. 175.99 feet; thence N. 56°59'13" W.
158.05 feet; thence N. 75°50'52" W. 352.68 feet; thence.
N. 50°11'53" W. 146.68 feet; thence .N. 45°09'19" W,
103.65 feet; thence N. 68°30'39" W. 90.70 feet; thence.
N. 73°27'39" W. 107.38 feet; thence N. 47°00'26" W.
117.80 feet; thence N. 44°16'32" W. 282.98 feet; thence
• N. 38°39'27" W. 132.34 feet; thence N. 26°03'39" W. :.
88.25 feet; thence N. 63°26'06" W. 44.72, feet; thence
N. 26°33'54" W. 44.72 feet; thence N. 1 1 °18' 36" . W.
152.97 feet; thence N. 21°02'15" W. 139.28 feet; thence
N.. 20°15'57." .W.. 277.15 feet; thence N. 21°46'46" E.
482.44 feet; thence N. 51°261-12" W. 69.60 feet" to the
point of ending whence said southwest corner, of Lot 15
"bears S 06°29'.14' W. 2084.73 'feet. The sidelines of.
the above d.es.cr.ibed easement beinglengthened or
shortened on the southerly end to terminate on said
south -lane; of the SE1/4.