HomeMy WebLinkAbout4.0 Resolution 96-85502576 B-1003 P-840 12/20/1996 10:09A PG 1 OF 5 REC DOC NOT
MILDRED ALSDORF GARFIELD 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 Mnnday , the 161-h of fPcember A.D. 19 96 , there were present:
Marian I. 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. 96-85
A RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE GARFIELD
COUNTY SUBDIVISION REGULATIONS FOR BRANNAN PROPERTIES, INC.
WHEREAS, BRANNAN PROPERTIES, INC. 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 105.44 acre
tract as described in Book 872 at Page 730, as filed in the Offices of the Clerk and Recorder of Garfield
County, Colorado, into four (4) tracts of approximately 10.71, 23.59, 35.02 and 36.12 acres each, with the
exemption parcels more practically as follows:
Tract 1
Tract 2
Tract 3
Tract 4
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
502576 B-1003 ) --d41 121996 10:09A PG 2 OF 5
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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 lots , 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 105.44 acre parcel
is hereby exempted from such definitions and may be conveyed in the form of the Tract "1", Tract "2", Tract
"3" and Tract "4" 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 i 9th day of nerPmhPr , A.D. 19 96 .
AT PEST:
Clerk of the Board
GARFIELD COUNTY BOARD OF
COMMISSIONERS, GARFIELD COUNTY,
COLORADO
Chairman
Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote:
COMMISSIONER CHAIRMAN MARIAN I. SMITH
COMMISSIONER ARHOLD L. MAKCLEY
, Aye
, Aye
COMMISSIONER ELMER (Buckey) ARBANEY ,Aye
STATE OF COLORADO )
)ss
County of Garfield )
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
( •p. )frE I S(.RIPIIOIJ
!KALI. 1
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A I1AL1 uF 1 AND 51111A111) IN 111E SW1/4SW1/4 OF SECTION 24, TOWNSHIP 5 SOUTH, RANGE
91 'WLST or 111E 51Alll N.M., LuIJNTY OF GARFIELD, STATE OF COLORADO, SAID TRACT OF LAND
BEING 1.4-01-(E. PAR BILIJL ARL Y DESCRIBED AS FOLLOWS;
BEGINNING AT THE NORTHWEST CORNER OF SAID SW1/4Sw1/4, SAID POINT BEING A BLM
STANDAR[) MONUMENT; THEN ALONG THE NORTH LINE OF SAID SW1/4SW1/4 N.89'30'02"E. A
DISTANCE uF 1320 99 FEET 10 THE NORTHEAST CORNER OF SAID SW1/4SW1/4, SAID NORTHEAST
CORNER BEING A 9LN.1 STANDARD MONUMENT; THEN ALONG THE EAST LINE OF SAID SWI/4SW1/4
S.00'04'40"E. A DISTANCE uF 1294.25 FEET TO THE NORTIIEFLY RIGH1 OF WAY OF COUNTY ROAD
NO. 245; THEN ALONG SAID NORTHERLY RIGHT uF WAY THE FULL OWING EIGHT COURSES:
1) S.69'52'08'W. 725.01 FEE 1, 2.) 27.20 FEET ALONG THE ARC OF A CURVE 10 THE RIGHT
HAVING A RADIUS OF /0.00 FEET, A CENTRAL ANGLE OF 22'15'3/" AND A CHORD WHICH BEARS
N.79'00'03"W. 27.03 FEET; 3) N 67'52'15"W. 169.64 FEET; 4) 206.83 FEET ALONG THE
ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 300.00 FEET, A CENTRAL ANGLE OF
39'30'03" AND A CHORD WHICH BEARS N.48'07'13 -W. 202.75 FEET; 5) N.28'22'10"W.
71.00 FEET; 6) 36.24 FEE I Al ut)G 111E ARC OF A CURVE [0 THE LEFT HAVING A RADIUS OF
330.00 FEE [, A CENTRAL ANGLE OF 06'17'32" AND A CHORD WHICH BEARS N.31'30'57"W.
3b.22 FEET; 7) N.34'39'4.5- W. 281.22 FEET; 8) 76.2b FEET ALONG THE ARC OF A CURVE TO
THE 1EFT HAVING A RADIUS OF 265.41 FEET, A CENTRAL ANGLE OF 16'27'43' AND A CHORD
WHICH BEARS N.4153'34"W. 75.99 FEET TO INTERSECT 111E WEST LINE OF SAID SW1/4SW1/4;
THEN AL ONG SAID WEST LINE N.00'06'17"E. A DISTANCE UF 699.65 FEET TO THE POINT OF
b .GINNING.
SAID TkALI uF LAND CONTAINS 36.12 ACkES AS UESLkibED
PROPERTY DESCRIPTION
TRACT 2
A TRACT OF LAND 51TUATED IN THE NE1/4SW1/4 AND THE SE1/4SW1/4 OF SECTION 24,
TOWNSHIP 5 SOUTH, RANGE 91 WEST OF THE SIXTH P.M., Lui1NTY OF GARFIELD, STATE OF
,...LukAD°, SAI[; (MALT OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS;
BEGINNING AT 1111. SOUTHEAST CORNER OF SAID NE1/4SW1/4, SAID POINT BEING A BLM
SIANDAkD MONUMENT; THLN ALONG THE EAST LINE OF SAID NE1/4SW/14 N.0015'03"W. 702.21
FLE1 fu THE SOUTHEAST CORNER OF THAT TRACT OF LAND AS DESCRIBED IN DOCUMENT RECORDED
11) 800K 508 AT PAGE 669 OF TTIE RECORDS OF SAID COUNTY; THEN ALONG THE SOUTHERLY AND
WES IE kI r BOUNDARY Of SAID TRACT lHE FOLLUWIN G NINE COuRSE5:
) N.ou'4U136"W. 198.60 FEET; 2) 11.79'01'11-W. 34r.`iI FFET; 3) N.31'28'54"E.
c_ 50 FEE.I; 4) 1'4.0214'02"W. 88.17 FEE[; 5) N.21'4i'27"W. 38.22 FEET; 6)
N u4'45'S0w. 111.56 FEET; 7) N.06'54'4/ W. 54.50 FEET; 8) N.1815'22"W. 149.51
FEE I; 9) 11.04'33'46"E. 28.41 FEET TO 111E NORTH LINE OF SAID NE1/4SW1/4; THEN ALONG
SAIL, NUR111 LINE S.89'16'26`W. 736.16 FEET TO THE NORTHWEST CORNER OF SAID NE1 /4SW1/4,
SAIL, N0Kfi4Wt5T CORNER BEING A BLM STANDARD MONUMENT; THEN ALONG THE WEST LINE OF SAID
NET, 4sw1 '4 5.00'04'50"E. 1315.29 FEET TO THE SOUTHWEST CORNER OF SAID NE1/4SW1/4,
SAIL) SOUTHWEST CORNER BEING A BLM STANDARD MONUMENT; T11EN ALONG TILE WEST LINE OF SAID
SE1 j 45W1/4 5.00'04'40"E. 127.08 FEET; THEN DEPARTING SAID WEST LINE N.89'30'39"E.
1321.39 FELT 10 THE EAST LINE OF SAID SE/14SW1/4; THEN ALONG SAID EAST LINE
N.U0'14'58"W. 127.08 FEET TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM A STRIP OF LAND BEING SIXTY (60.00) FEET IN MOTH FOR COUNTY ROAD
RIGHT OF WAY FOR COUNTY ROAD NO. 241, SAID STRIP OF LAND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS;
BEGINNING AT A POINT ON THE EASTERLY RIGHT OF WAY OF SAID COUNTY ROAD FROM WHICH
THE SOUTHWEST CORNER OF SAID NE1/4SW1/4 BEARS N.89'30'39"E. 778.71 FEET AND
N.0014'58"W. 127.08 FEET; THENCE ALONG SAID EASTERLY RIGHT OF WAY THE FOLLOWING SIX
COURSES;
1) 11.22'11'28"E. 44.12 FEET; 2) 223.40 FEET ALONG THE ARC OF A CURVE TO THE RIGHT
HAVING A RADIUS OF /20.59 FEET, A CENTRAL ANGLE OF 17'45'48" AND A CHORD WHICH BEARS
N.31'04'22'1. 222.51 FEET; 3) N.39'57'16"E. 434.98 FEET; 4) 271.68 FEET ALONG THE
A.kC OF A CURVE TO THE LEFT HAVING A RADIUS OF 449.76 FEET, A CENTRAL ANGLE OF
34'36'34" AILD A CHORD WHICH BEARS 11.22'38'59"E. 26 /.57 FEET; 5) N.05'20'42`E.
3.15 FEET; 6) 64.65 FEET ALONG THE ARC OF A CARVE TO THE RIGHT HAVING A RADIUS OF
36/.86 FLET, A CENTRAL ANGLE OF 09'32'58" AND A CHORD WHICH BEARS N.10'07'11`E.
64.5/ FEET TO INTERSECT THE SOUTHERLY OF SAID TRACT OF LAND AS DESCRIBED IN DOCUMENT
RECORDED IN bOOK 508, PAGE 669; THEN ALONG SAID SOUTHERLY UNE N.79'01'11"W. 60.12
FEE f; THEN DEPARTING SAID SOU1IIERL Y LINE AND Al ONG THE WESTERLY RIGHT OF WAY OF SAID
ROAD THE FOLLOWING SIX COURSES;
1) 70.54 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 447.86 FEET, A
LEN FRAL ANGt E OF 09'01'28" AND A CHORD WHICH BEARS S.09'51'26"W. 70.47 FEET; 2)
5 05'20'42"W. 3.15 FEET; 3) 235.44 FEET ALONG THE ARC OF A CURVE TO THE RIGHT HAVING
A RADIUS OF 3139.16 FEE 1, A CENTRAL ANGLE OF 34'36'34" AND A CHORD WHICH BEARS
5.22'38'59"W. 231.87 FEE f; 4) S.39'57'16"W. 434.98 FEET; 5) 242.00 FEET ALONG THE
ARO OF A CURVE TO TI1E L EF I HAVING A RADIUS OF 780.59 FEET, A CENTRAL ANGLE OF
17'45'46 AND A CHORD WHICH BEARS S.31'04'22"W. 241.04 FEET; 6) S.22'11'28-4.
09.19 FEET TO THE SOIITHERt Y BOUNDARY OF THE ABOVE DESCRIBED TRACT; THEN ALONG SAID
SOUTHERL Y BOUNDARY N.89'3U'39"E 65.03 FEET TO THE POINT OF BEGINNING.
ALSO E TING THE UM A S IRIP (,F I AND BEING TWENTY (20. EET IN ;1 WHICH WAS
CONVEY c- 10 THE TC OF NEW LAS II E, COL URADO, FOR THE Fl1RP�E OF A - ERL INE RIGHT OF
WAY AS DESCRIBED IN DOCUMENT RECORDED IN bOOK 26 AT PAGE 54 OF THE RECORDS OF SAID
COUNTY, THE CEtNTERL INE OF SAID WATERLINE RIGHT OF WAY BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS;
BEGINNING A T A PLAN I ON TILE CEN fERLJNE OF SAID RIGHT OF WAY AS CONSTRUCTED AND IN
PLACE, FROM WHICH TILE CENTER 1/4 CORNER OF SAID SECTION 24 BEARS N.29'44'34.1. 646.77
FEET, SAID CENTER 1/4 CORNER BEING A BLU STANDARD MONUMENT; THEN ALONG SAID CENTERUNE
AS CONSTRUCTED AND IN PLACE TILE FOIJ.OWING SEVENTEEN COURSES;
1) 5.21'29'16"W. 8.51 FEET; 2) S.21'0/'22"W. 37.55 FEET, 3, " 08'33'03"W. 100.58
FEET; 4) S.10'35'58"W. 46.81 FEET; 5) S.16'46'11"W. 42.91 r ,L I; 6) S.23'34'40"W.
36.44 FEET; 7) 5.42'09'55'W. 67.15 FLET; 8) 5.49'24'07'W. 36.73 FEET; 9)
5.41'42'02"W. 49.86 FEET; 10) S39'03'47"W. 68.10 FEET; 11) 5.39'37'40-W. 48.03
FEET; 12) S.38'24'03"W. 49.63 FEET; 13) S.37 -21'38"W. 47.03 FEET; 14)
5.35'43'40"W. 46.97 FEET; 15) S.41'55'39"W. 41.96 FEET; 16) S.41'57'16 -W. 57.27
FEET; 17) 5.05'38'07"E. 12.96 FEET TO THE WESTERLY RIGHT OF WAY OF COUNTY ROAD NO.
241 AS DESCRIBED ABOVE.
THE EXTERIOR BOUNDARIES OF SAID RIGHT OF WAY ARE TO BE EXTENDED OR SHORTENED
ACCORDINGLY TO TERMINATE ON THE EXTERIOR BOUNDARY OF THE ABOVE DESCRIBED TRACT 2.
SAID TRACT 2 CONTAINS A NET OF 35.02 ACRES AS DESCRIBED.
PROPERTY DESCRIPTION
TRACT 3
A TRACT OF LAND SITUATED 10 711E SE1/4SW1/4 OF SECTION 24, TOWNSHIP 5 SO0I0, RANGE
91 wt S1 of THE SIXTH P.M., COUNTY OF GARFIELD, STATE OF COLORADO, SAID TRACT OF LAND
vt ire„ MORE PARIICIJL ARLY DESCRIBED AS VOL1 OWS;
81 GINNING AT A POINT ON THE WEST LINE OF SAID SE1/4SW1/4 FROM WHICH THE t4.-mf
x<14Ek t.F SAID SE1/4Sw1/4 BEARS N 00'04'40"W. 127.08 FEET, SAID NORTHWEST LUONER
BEING A BIM STANDARD MONUMENT; THEN ALuIJG SAID WES1 LINE 5.00'04'40"E. 116/.11 FEE I
10 111E Nuk RIGHT OF WAY OF COUNTY ROAD 245; THEN DEPARTING SAID WEST LINE ANI.
Al uNG SAIu NORTHERLY RIGHT OF WAY N.89'5218"E. 325.77 FEET TO THE CEN II: RUNE uF EASI
El K LREE n AS 1 OCA TED B r' SURVEY 10 MARCH 1996; THEN ALONG SAID CREEK CEN It RUNE THE
FOLl iT'.io(., oltit L;GUkSES; 1) 14.04'11'15"W. 323 01 FEET; 2) N.49'43'29 -E. 147.60 FLE1;
3) N 18'_4S�E 85.43 FEET; 4) N.52'54'14"E. 101.61 FEET; 5) N.41'12'43'E. /3 G1
FEET; b) N u9 -51'18"W 93.87 FEET; 7) N 3914'10"W. 317.36 FEET; 8) N 16'52'44''W.
118 81 Ftt f, 9) N.15'11'06"E. 106.32 FEE T; DIEN DEPAR 0rJG SAID CREEK CEN IERI ITNE
5 89'30'39"W 349 09 FEET TO THE POIN1 of BEGINNING.
SAID TRAUT OF 1AtJD CONTAIN 10./1 ALRES A5 DESCRIBED.
PROPERTY DESCRIPTION
1RAGT 4
A TRACT OF LAND SITUATED ItJ THE SE1/4SW1/4 OF SECTION 24 AND DIE NE 1/40W1/4 OF
SECTION 2�, TOWNSHIP 5 SOUTH, RANGE 91 WEST OF THE SIXTH P.M., CUIJNFY OF GARFIEIU,
S1AlE OF COLORADO, SAID TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOL IDWS;
L1E1,110JIN6 AT Ti IE SOUTH 1/4 CORNER OF SAID SECTION 24, SAID 1/4 C.UkiJER BEING A 81M
5IAIJDARD 1AUt4UI.IENT; THEN At UNG 111E EAST L INE OF SAIL) SE1/4SW1/ 4 ( DG114'S8'1,.1 1193.31
FEE T; HIEN DEP.Ak11NG SAIL) EAST 1111E S.b9'30'39"W. 9/2.50 FEET 10 THE GENIE kLINE OF
EAST El h act Eh AS t OCATED b'r SURVEY MARCH 1996; THEN ALONG SAID CREEK CENTERLINE THE
F 01 LOWING NI141 (.UUkSE 5;
1) S.15'11.08 -W 108 31 FEET; 2) S.16'52'44'E. 118.81 FEE I; 3) 5.39'14'10"E.
317.36 FEE 1; 4) S.u9'51'16"E. 93.87 FEET; 5) S.4112'43"W. 73.01 FEET; 6)
5.52'54'14"W. 101.61 FEET; 7) S.18'24'59"W. 85.43 FEET; 8) 5.49'43'29"W. 147.60
FEET; 9) S.04'11'15"E. 323.01 FEET TD THE NORTHERLY RIGHT OF WAY OF COUNTY ROAD 110.
145, I HEN Al ()NG SAID NORTHER[ Y RIGHT OF WAY THE FOLLOWING FOUR COURSES;
1) 0 99'.5'1'O8"E 28 05 FEET; 1) 3.31 19 FEET ALONG THE ARC OF A CURVE 10 THE RIGH1
I1A:ING A RADIUS OF 144.49 FEET, A CENTRAL ANGLE OF /7'52'15" AND A CHORD WHICIH BEARS
5.51'11'45"E. 50/ 30 FEET; 3) S.12'15'37"E. 63.21 FEET; 4) 28.96 FEET ALONG 111E
AR(.. (0- A CURVE 10 THE 1 EF r HAVING A RADIUS OF 10.00 FEET, A CENTRAL ArNOL E OF
195'5/'24" AND A CHORD W1IICHI BEARS N,84'51'06"E. 19.85 FEET TO THE WESTERLY RIGHT
OF 'WA) OF COON TY ROAD 00. 141, THEN ALONG SAID WESTERLY RIGHT OF WA THE F 0[AIM 0,
THREE CuukSES; 1) 11.01'57'50"E. 109.10 FEE 1; 2) 83.20 FEET ALONG THE ARC OF A UllkvL
10 111E RIGHT HAVING A RADIUS OF 491.24 FEET, A GENIRAL ANGLE OF 09'42'14" AND A (:llNklr
WHICH BEARS 11.06'48'56"E. 83.10 FEE f; 3) 0.11'40'03"E. 42.92 FEFT Tr) TI IE SOU 111 LINE
uF SAID SE1/4SW1/4; THEN ALONG SAID SO11T11 LINE N.89'43'06 -E. 6b6...1 FEET TO THt HAW
t
OF BEGINNING.
6fz8-d BOOT -8
V60:0T 966T/OZ/ZT
txCEP1ING(�.£REFNOM1kIP OF L ,
AND BEING SIXTY (60.00) FEET IiDT11 FOR CHI TY kuAt.
RIi;i1T OF' WAY FOR CO.( kOAD NO. 241, SAID STRIP OF LAND bEIt OkE PARTICULARLY
DE SCRIBED AS FOLLOWS;
BEGINNING AT A POINT ON IHE EASTERLY RIGHT OF WAY OF SAID COl11JTY ROAD FROM WHICH
THE SO11111LAST CORNER OF SAID SE1/4SW1/4 BEARS N.89'43'06"E. 625.12 FEET; THENCE ALONG
SAID EASTERLY RIGHT OF WAY THE FOLLOWING EIGHT COARSES;
1) N.12'29'50"E. 155.57 FEET; 2) 55.53 FEET ALONG THE ARC OF A CURVE TO 111E LEFT
HAVING A RADIUS OF 291.23 FEE1, A CENTRAL ANGLE OF 10'55'29" ANU A CHOku WHICH BEARS
N,07'02'U5"E. 55.45 FEET; 3) N.01'34'21"E. 201.42 FEET; 4) N.04'08'35"E. 135.84
FEET; 5) 469.71 FEET ALONG THE ARI. OF A CURVE TO THE LEFT HAVING, A RA01LJS OF 526.45
FEET, A L.EN1RAL ANGLE OF 51'07'14" AND A CHORD WHICH BEARS N.21'25'02"W. 454.29
1 Et T; 6) N.4b'58'39"W. 42.0U FEE f; 1) 168. /3 FEE 1 ALONG THE ARC OF A CURE lu 111E
RICA IT HAVING A RADIUS OF 139.77 FEET, A CENTRAL ANGLE OF 69'10'07" ANL) A CHOkO WHICH
BE ARS N.12'23'35"W. 158.6 / FELT; 8) 14.22'11'28'E. 42.58 FEET 10 If NOR 111 L INE oh
THE ABOVE DESCRIBED TRACT 4; THEN ALONG SAID NORTH LINE 5.89'30'39"W. 65.03 FEET TO
THE WE S I E r<l Y RIGHT OF WAY OF SAID 0000 FY ROAD; THEN ALONG SAIL) WES It kl Y kIGH1 OF WAY
TFIE F ul I OWING EIGFI f COURSES;
1) 5.22'11'28"W. 1/.51 FEE. T; 2) 241.1 / FEET ALONG THE ARC of A CURVE 10 THE LEFT
HAVING A RADIUS OF 199.7/ FEET, A CENTRAL ANGLE OF 6910'07" ANL) A (.HORD WI110H BEARS
5.12'23'35"E. 220./9 FEET; 3) S.46'58'39"E. 42.00 FEET; 4) 416.18 1-1E1 Al UNG THE
ARC or A CUR'vE 10 THE RIGHT HAVING A RADIUS OF 466.45 FEET, A CENTRAL. ANGLE OF
51'0/'14" AND A CHORD WHICH BEARS S.21 25'02"E. 402.51 FEET; 5) S.04'08'35"W.
137.19 FEET; 6) S.01'34'21"W. 202.7/ FEET; 7) 44.09 FEET ALONG THE ARC Or A CURVE
10 1116 RIGHT HAVING A RADIUS OF 231.23 FEET, A CENTRAL ANGLE OF 10'55'29" AND A CHORD
WHICH BEARS S.07'02'0b-W. 44.02 FEET; 8) 5.12'29'50"W. 169.18 FLET 10 THE 5001)1
LINE OF SAID SE1/4SW1/4; THEN ALONG SAID SOUTH LINE N.89'43'06"E. 61.52 FEE1 10 THE
PC/IN 1 OF BEGINNING.
AL 5O EXCEPTING THEREFROM A STRIP OF LAND BEING TWENTY (20.00) FEET IN WIDTH WHICH WAS
CONVEYED TO THE TOWN OF NEW CASTLE, COLORADO, FOR THE PURPOSE OF A WATERLINE RIGHT OF
WAY AS DESCRIBED 10 DOCUMENT RECORDED 10 BOOK 26 AT PAGE 54 OF 111E RECORDS OF SAID
COUNTY, THE CENTERLINE OF SAID WATERLINE RIGHT OF WAY BEING MORE PART1CULARL) DESCRIBED
AS FOL LOWS;
BEGINNING AT A POINT 00 THE CENTERLINE OF SAID RIGHT OF WAY AS CONSTRUCTED AND 10
Pl ACE, FROM WHICH 111E SOUTH 1/4 CORNER OF SAIL) SECTION 24 bE ARS N.89'43'06"E. 490.36
FEET, SAID SOUTH 1/4 CORNER BEING A BLM STANDARD MONUMENT; THEN ALONG SAID CENTERLINE
AS CONSTRUCTED AND 10 PLACE THE FOLLOWING TWELVE COURSES;
1) N.05'44'36 E. 63.65 FEET; 2) N.22'18'04"W. 54.00 FEET; 3) N.27'55'49"W. 56 93
FEET; 4) N.13'20'30"W. 49.54 FEET; 5) N.13'32'28"E. 68.42 FEET, 6) N 19-37'08-E
50.48 FEET; 7) N.05'47'55"W. 50.46 FEET; 8) 1-N.07'27'06"W. 54.64 FtET; 9)
N.01'12'42"E. 50.19 FEET; 10) N.00'23'11"E. 50.49 FEET; 11) N.23'09'38"W. 101.88
FEET; 12) N.16'32'37"W. 61.82 FEET TO THE WESTERLY RIGHT OF WAY OF SAI(/ i,Ul1N TY kUAU
00 241 AS DESCRIBED ABOVE.
THE EXTERIOR BOUNDARIES OF SAID RIGHT OF WAY ARE TO BE EXTENDED OR SHORTENED
ACCORDINGLY' TO TERMINATE 00 THE EXTERIOR UOUIJCAR) OF 111E A8OvE DESLRIbED TRACT 4.
SAID TRACT 4 CONTAINS A NET OF 23 59 Au ES AS 1%ESI..k!bEU
• •
GARFIELD COUNTY
Building and Planning
March 12, 1996
Faye B. Faas
214 8th St., Suite 300
Glenwood Springs, CO 81601
RE: Subdivision Exemption Conditions of Approval
Dear Ms. Faas:
On March 12, 1996, the Board of County Commissioners conditionally approved your request for a
subdivision exemption for property located approximately 1.5 miles northwest of New Castle. The
approval was subject to the filing of an exemption plat and completion of the following conditions:
1. All representations of the applicant, either within the application or stated at the
meeting before the Board of County Commissioners, shall be considered conditions of
approval.
2. A Final Exemption Plat shall be submitted, indicating the legal description of the
property, dimension and area of the proposed lots, access to a public right-of-way, and
any proposed easements for setbacks, drainage, irrigation, access or utilities.
Additionally, the plat show a sixty (60) foot wide right-of-way for County Road 241
and that the right-of-way be dedicated to the County.
3. That the applicant shall have 120 days to present a plat to the Commissioners for
signature, from the date of approval of the exemption. The Board may grant extensions
of up to one (1) year from the original date of approval.
4. That the applicant shall submit $200.00, per lot, in School impact Fees for the creation
of all exemption parcels.
5. That the following plat notes be included:
"The minimum defensible space distance shall be 30 feet on level terrain, plus
appropriate modification to recognize the increased rate of fire spread at sloped sites.
The methodology described in "Determining Safety Zone Dimensions, Wildfire Safety
Guidelines for Rural Homeowners," (Colorado State Forest Service) shall be used to
determine defensible space requirements for the required defensible space within
building envelopes in areas exceeding five (5) percent grade."
109 8th Street, Suite 303
945-8212/285-7972 Glenwood Springs, Colorado 81601
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"Upon adoption of road impact fees by the Board of County Commissioners, the lots
created by this exemption shall be subject to paying the fees, paid at time of building
permit application, paid by the building permit applicant."
"Portions of this property lie within the designated floodplain of Elk Creek. If any
development is proposed for the area within the designated floodplain, it will be subject
to applicable County, State and Federal review and permitting."
"Soils information for this area indicate that there are moderate to severe constraints
for individual sewage disposal systems due to large stones and steep slopes, which may
result in the need for an engineered iSDS."
6. The applicant drill a well meeting the following criteria for demonstrating the quality,
quantity and dependability of a well or a shared well system, prior to any plat being
signed:
1) A well be drilled and a 24 hour pump test shall be performed;
2) The applicant supply, to the Planning Department, the well completion report
demonstrating the depth of the well, the characteristics of the aquifer and the
static water level;
3) The results of the 24 hour pump test indicating the pumping rate in gallons per
minute and information showing drawdown and recharge shall be submitted to
the Planning Department;
4) A written opinion of the person conducting the well test that this well would be
adequate to supply water to the number of proposed lots and be submitted to the
Planning Department;
5) An assumption of an average of no less than 3.5 people per dwelling unit, using
100 gallons of water per person, per day;
6) If the well is to be shared, the provision for individual water storage tanks of
no less than 1000 gallons for each proposed lot (required at time of building
permit application);
7) A discussion of the mechanical components of the shared well system to include
the pump, water supply line, storage tank and other components (for shared well
systems);
8) A legal, well sharing agreement which discusses all easements and costs
associated with the operation and maintenance of the system and who will be
responsible for paying these costs and how assessments will be made (for shared
well systems);
9) The water quality be tested by an approved testing laboratory and meet State
guidelines concerning bacteria and nitrates.
It will also be necessary to have a 20 ft. square easement around the well and a ten (10)
ft. wide maintenance and repair easement for a waterline to each of the new lots from
the well site easement.
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7. The applicant shall receive any necessary driveway permits for each lot created, or a
letter from the County Road and Bridge Department stating that the lots have legal
access presently, prior to signing of an exemption plat.
8. The control of noxious weeds shall be the responsibility of the landowner.
9. That a letter be submitted to the Planning Department from the Burning Mountain Fire
District, prior to the signing of an exemption plat.
If you have any questions regarding these conditions or the exemption plat, do not hesitate to call.
Sincerely,
Mark L. Bean, Director
Building & Planning Department