HomeMy WebLinkAbout2.0 Resolution 79-119Recorded at _ SEP 2 5 1'�7
Reception: No. r
Madred Aasdorf, Recorder WO
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF ROE
GARFIELD COUNTY, COLORADO
RESOLUTION NO, 79-119
WHEREAS, Kenanope Enterprises, Inc., a Colorado corporation
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 3.02.01 for the division of a tract of land
described in deed recorded August 24, 1979 as Reception No.
296879 in Book 533 at Pages 799 and 800, containing approximately:;
12.15 acres into four tracts containing approximately 3.53 acres,,
2.52 acres, 3.44 acres and 2.66 acres respectively, which
proposed divided tracts are situate in Garfield County, Colorado,
and are more particularly described on Exhibit "A" attached
hereto and incorporated herein by this reference.
WHEREAS, the petitioner has demonstrated to the satisfaction
of the Board of County Commissioners of Garfield County, Colorado,
that the proposed division does not fail within the purposes of
Part 1, Article 28, Title 30, Colorado Revised Statutes 1973,
as amended, for the reason that the impact created is not large
enough to proceed through the full 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 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 535 P 3E9:
WHEREAS, the division of the above described tracts "A",
u n "C"; ; . n
�B , and Dn from the above described 12.15 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.
Dated this 24th day of September . A.D. 1979.
THE BOARD OF COUNTY COMMISSIONERS
OF GARFIELD,COUNTY, COLORADO
�, //
By : _ ��! �'�i /,�� �`/� ri�G•i
Chairman /
IATTEST : ' J 40,t6
De • uty 1ek of the (�3oard
of Coun y Commissioners
Garfield, County, Colorado
BOOK 535 PaGE9I6
EXHIBIT "A"
To Kenanope Enterprises Resolution
TRACT "A"
A parcel of land situated in the SE,-NW1, and Lot 3 of Section 4, Township 6 South,
Range 91 west of the Sixth Principal Meridian, Garfield County, Colorado, lying
Southerly of the Southerly bank of the Roseman Enlargement of the Tompkins
Walters Ditch in said Lot 3, Southerly of the Northerly bank, Northerly of the
Northerly right-of-way line of County Road No. 214 and Westerly of the North-
South Centerline of said Section 4, said parcel of land is more fully described
as follows:
Beginning at an iron pipe with an aluminum cap properly marked for the Southeast
Cornsr of said Lot 3; whence the West Quarter Corner of said Section 4 bears:
S.62 35'10"W. 2956.84 feet; thence S.00°21'57"E. along said North-South
Centerline, 323.05 feet to a point on said County Road right-of-way line; thence,
along said right-of-way line, N.71°31'30"W. 157.53 feet; thence 98.26 feet along
the arc of a curve to the right, having a radius of 1g17.S30 feet; the chord of
which bears: N.69°53'10"W. 98.24 feet; thence N.68 14'50"'n'. 6108 feet;
thence 135.92 feet along the arc of a curve to the left having a radius of 635.580
feet, the chord of which bears: N.74°22'25"W. 135.66 feet; thence f.80°30'00"W,
154.35 feet; thence 105.27 feet along the arc of a curv8 to the right, having a
radius of 699.739 feet; the chord of which bears: N.76 11'24"W. 105.17 feet;
thence, leaving said right-of-way line, NORTH 148.58 feet to a point on the
Southerly line of said Lot 3; whence the South::cct Corner of said Lot 3 bears:
S.88 57'31"W. 642.60 feet; thence, from said point, N.88°57'31"E. along the .
Southerly line of said Lot 3 28.80 feet, more or less, to a point on the Northerly
and upper bank of said ditch, being 10 feet, more or lessi-from the centerline of
said ditch; thence, along the Northerly bank of said ditch, S.03°57'00"E. 32.44
feet; thence S.20°00'00"E. 8.74 feet; thence S.67°01'30"E. 29.11 feet;
thence 8.76°34'30"E. 46.72 feet, thence N.87°02'30"E. 69.33 feet; thence
S.86°28'30"E. 37.33 feet; thence N.66°08'00"E. 37.30 feet; thence N.50°40'00"E.
68.07 feet; thence S.82°30'00"E. 75.49 feet; thence N.66°58'25"E. 27.72 feet;
thence N.18°30'00"E. 9.57 feet to a point on the Southerly line of said Lot 3;
thence N.88°57'31"E. along said line, 21.22 feet to a point on the Southerly
and lower bank of said ditch being 10 feet, more or less, from the centerline of
said ditch, thence along the Southerly bank of said ditch, N.1'°30'00"E. 15.57
feet. thence N.16°30'18"W. 94.27 feet• thence N.69°54'30"E. 57.28 feet thence
N.736 00'00"E. 52.88 feet; thence S.86 00'00"E. 52;10 feet; thence S.39 00'00"E.
97.87 feet; thence S.64°00'00"E. 68.06 feet to a point on the North-South
Centerline of said Section 4; thence, leaving said ditch bank, S.00°29'30"E.
along said Centerline Section, 26.10 feet, more or less to the Southeast corner
of said Lot 3, the point of beginning, containing 3.53 acres more or less.
TRACT "
tt
A parcel of land situated in the SE4:'+W;; of Section 4, Township 6 South, riange
91 West of the Sixth Principal Meridian, Garfield County, Colorado lying
Southerly of tae Southerly right-of-way line of County Road iso. 214 and Northerly
of the Northerly right-of-way easement fence line of the Ware and Hinds Ditch;
said parcel of land is more fully described as follows:
Beginning at the intersection of the :easterly line of said SE041- and said road
right-of-way line; whence an iron pipe with ars aluminum cap properly marked
for the Northeast corner of said SEy NW;, bears: N.00°21T"'. 386.45 feet;
( the West Quarter Corner of said Section 4 bears: 3.69 38'28"W. 2802.32 feet)
thence West 10.00 feet; thence S.00°21'57"E. 275.00 feet alonr a line parallel
to the Easterly line of said SE -NW; thence 'Fest 275.00 feet; thence South
104.69 feet to a point in said ditch right-of-way fence; thence 5.89°43'21"'W.
79.99 feet along said fence; thence N.55°46'07"`ti'. 29.62 feet along said fence;
thence N.15°11'00"E. 471.23 feet to a point on said road right-of-way line;
thence 101.69 feet along the arc of a curveSnto theleft,
fthaving7afradiusof
toence
1,77x.530 feet, the chord of which bears: .69 53'e,
S.71 31'30"E. along said road right-of-way line, 178.00 feet to a point on the
Easterly line of said SE*NW,;, the point of beginning., containing 2.52 acres
more or less
Booz 535 pAGE917
EXHIBIT "A" continued'
TRACT "C"
A parcel of land situated in the SENWy of Section 4, Township 6 South, Range
91 West of the Sixth Principal Meridian, Garfield County, Colorado lying Southerly
of the Southerly right-of-way line of County Road No. 214 and Northerly of the
Northerly right-of-way easement fence line of the ,,fare and Hinds Ditch; said
parcel of land Is more fully described as follows:
Beginning at a point on said road right-of-way line; whence an iron pipe with an
aluminum cap properly marked for the Northeast Corner of said SE-,I,ti'W4 bears:
N.72°01'43"E. 653.32 feet, ( the West Quarter Corner of said said Section 4 bears:
3.59°55'56"'W. 2314.85 feet); thence, along said road right-of-way line, 32.54
feet along the arc of a curve to the left, having; a radius of
chord of which bears; S. °16'2 "E. °759.739 feet, the
?9 3 32.54 feet; thence 5.80 30'00"E. 154.35
feet; thence 123.09 feet along the arc of ancurvve to the right, having a radius
S
of 5p.580 feet, the chord of which bears: .74 22'25 122.85 feet; thence
S.68 14'50"E. 61.38 feet; thence, leaving said road right-of-way
line,
S.15°11'00"'W. 471.23 feet to a point in say
id ditch ri ht -of -war
ence
thence, along said ditch fence line, N. 5°46'0?"W. 38.59 feet, thence lines,
N,65 05'13"W. 49.14 feet; thence N.70 42'29"W. 9 130.23 feet; thence N.59°59'10"W.
63.21 feet; thence N.72°08'52"W. 24.33 feet;
thence s,$2°13'07"W, 16.67 feet
thence, leaving said ditch fence line, N.11°00'00"E. 314.58 feet; thence
U.00°53'00"W. 110.75 feet to a point on said road right-of-way line, the point
of beginning., containing 3.44 acres, more or less.
TRACT "D"
A parcel of land situated in the SEW of Section 4, Township 6 South,
Ranke
91 West of the Sixth Principal Meridian, Garfield County, Colorado lying Southerly
of the Southerly right-of-way line of County Road 214 and Northerly of the
Northegly right-of-way easement fence line of the Ware and Hinds Ditch; said
parcel of land is more fully described as follows:
Beginning at a point on said road right-of-way line; whence an iron pipe with an
aluminum cap properly marked for the Northeast Corner of said SEW -74- bears:
N.72°01'43"E. 653.32 feet, (the West quarter Corner of said Section 4 bears:
5.59°55'56"W. 2314.85 feet); thence S.00 53 0o E. 110.75 feet; thence 5.11°00'00"'W.
314.58 feet to aoint in said ditch fence line; thence S.82°13'07"'W. 71.34
feet along said ditch fence line; thence N.74°14'54"W. along said ditch fence
line, 149.50 feet to a point in a North-South fence line as constructed and in
place; thence N.00 20'26-E. along said North-South fence line, 482.88 feet, to
a point on said road right-of-way line; thence along; said right-of-way line
S.68°45'50"W. 163.27 feet; thence 123.08 feet along
htthe
eharc
of a
of which bears:
ce--ve to the left, having a radius of 759.739feet,
S.73°24'18"E. 122.95 feet, to the point of beginning., containing 2.66 acres
of land, more or less.
The bearing source for the above described Tracts "A", "B", "C", and "D"
is S. 45°29'38" E. being established between the West Quarter Corner and
South Quarter Corner of said Section 4.