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HomeMy WebLinkAbout4.0 Resolution 90-093FECORDED ATtjaili E C a 41 STATE OF COLORADO • O'CLOCK 9 . M. NOV 2 0 1990 MILDRED ALSDORF, COUNTY CLERK GARFIELD COUNTY, COLORADO )ss County of Garfield BOOK 793 PAGE 69O At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held at the Commissioners' Meeting Room at the Garfield County Courthouse in Glenwood Springs on the 19th day of November A.D. 1990 , there were present: Marian I. Smith Arnold L. Mackley Don DeFord Mildred Alsdorf Elmer (Buckey) Arbaney Chuch 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. 90-09� A RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE GARFIELD COUNTY SUBDIVISION REGULATIONS FOR ROBERT F. GILLESPIE. WHEREAS, Robert F. Gillespie 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 April 23, 1984, Section 8:00 through 8:60 and for the division of a 7.976 acre tract as described in Book 499, Page 245, as filed in the Office of the Clerk and Recorder of Garfield County, Colorado into two tracts of approximately 3.941 acres and 4.035 acres more or less, which proposed divided tracts are more practically described as follows: TRACT A: See attached legal description for Parcel "A" TRACT B: See attached legal description for Parcel "B" (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 WHEREAS, the Petitioners have demonstrated to the satisfaction of the Board of County Commissioners of Garfield County, Colorado, proof of a legal and adequate source of 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 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; • • BOOK 7 3 o►r,E691 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that the division of the above described tracts "A" and "B" from the above described 7.976 acre tract is hereby exempted from such definitions and said tract may be divided into said tracts "A" and "B" and may be conveyed in the form of such tracts "A" and "B" and may be conveyed in the form of such tracts "A" and "B" all as is 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 19th day of November , A.D. 1990 ATTEST: GARFIELD COUNTY BOARD OF COMMISSIONERS GARFIELD COUNTY, COLORADO •�� Chairman Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: Marian I. Smith Elmer (Buckey) Arbaney Arnold L_ Mackl€y STATE OF COLORADO ) )ss County of Garfield ) Aye 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 the Board of County Commissioners County Clerk and ex -officio Clerk of BOOK 793 ?�CE692 PROPERTY DESCRIPTION PARCEL A A parcel of land situated in Lot 14 of Section 18, Township 7 South, Range 87 West of the 6th Principal Meridian, County of Garfield, State of Colorado, being more particularly described as follows: Commencing at the Garfield County Surveyor's brass cap for the Northeast corner of said Section 18, with all bearings herein being based on S89°55'36"W between found Garfield County Surveyor's brass caps for the Northeast and Northwest corners of said Section 18; thence along the North line of said thence S01°08'53"W, 490.99 feet; thence S89°40'28"W, 569.15 feet to thence S01°08'53"W, 307.89 feet; thence S89°53'13"W, 516.59 feet to Road 100; thence along said right-of-way, thence along said right--of-way, thence N89°40'28"E, 597.00 feet Section 18, 589°55'36"W, 1343.36 the Point of Beginning. the Easterly right-of-way ]ine N17°46'00"W, 75.33 feet; N12.°22'OO"W, 239.27 feet; to the Point of Beginning. Containing 3.941 acres, more or less. of feet; County Together with a twenty -foot wide easement for ingress and egress as described in a grant recorded in Book 508 Page 66 at Reception No. 284525. Subject to an 80 foot wide Public Service Company easement for a powerline as constructed, as described in an affidavit recorded in Book 315 Page 525 at Reception No. 204592. Reserving therefrom a twenty -foot wide easement for access and utility purposes, lying ten feet each side of the following described centerline: Commencing at the Garfield County Surveyor's brass cap for the Northeast corner of said Section 18; thence S77°13'20"W, 2248.86 feet to the Point of Beginning of the easement herein described; thence S00°19'32"E, 190.19 feet; thence 78.35 feet along the arc of a tangent curve to the left, with a radius of 50.00 feet, a central angle of 89°47'15", and a chord bearing of S45°.13'10"E, 70.58 feet to a point of tangency; thence N89°53'13"E, 214.82 feet to the Point of Termination. The sidelines of said easement shall be shortened or extended to terminate at the intersecting property lines. PARCEL B BOOK 793 prF.693 A parcel of lad situated in the Northeast one-quarter of Section 18, Township 7 South, Range 87 West of the 6th Principal Meridian, County of Garfield, State of Colorado, being more particularly described as follows: Commencing at the Garfield County Surveyor'$ brass cap for the Northeast corner of said Section 18, with all bearings herein being based on S89°55'36"W between found Garfield County Surveyor's brass cap~ for the Northeast and Northwest corners of said Section 18; thence along the North line of said Section 18, S69°55'36"W, 1343.36 feet; thence 501'08'53"W, 490.99 feet to the Point of Beginning. thence 501°08'53"W, 310.00 feet; thence 509°53'13"W, 569.10 feet; thence N01°08'53"E, 307.89 feet; thence N89°40'28"E, 569.15 feet to the Point of Beginning. Containing 4.035 acres, more or less. Together with a twenty -foot wide easement for ingress and egress as described in a grant recorded in Book 508 Page 66 at Reception No. 284525, and together with a twenty -foot wide easement for access and utility purposes, lying ten feet each side of the following described centerline: Commencing at the Garfield County Surveyor's brass cap for the Northeast corner of said Section 18, thence S77°13'20"V, 2248.86 feet to the Point of Beginning of the easement herein described; thence 500'19'32"E, 190.19 feet; thence 78.35 feet along the arc of a tangent curve to the left, with a radius of 50.00 feet, a centrals angle of 89'47'15", and a chord bearing of 545°13'10"E, 70.58 feet to a point of tangency; thence N89'53'13"E, 214.82 feet to the Point of Termination. The sidelines of said easement shall be shortened or extended to terminate at the intersecting property lines. Subject to an 80 foot wide Public Service Company easement for a powerline as constructed, as described in an affidavit recorded in Book 315 Page 525 at Reception No. 204592.