HomeMy WebLinkAbout3.0 Resolution 94-052(
RECORDED /:/'/ 0 1 CLOCK jJ .M. REC # 462658
MAY 0 4 1994 M I l D R E D Al S D 0 R F , GA R F I E L 0 C 0 U NT Y C L E R K
STATE OF COLORADO )
)ss
County of Garfield )
(
800~0901P~G;207
At a regular meeting of the Board of County Commissioners for Garfield County,
Colorado, held in the Conunissioners' Meeting Room, Garfield County Courthouse, in Glenwood
Springs on Monday , the 2nd of May A.D. 19__2i__, there were present:
_E_l_m_e_r_(B_u_c_k_e _y _) _A_r_b_a _n_eY ________ , Commissioner Chairman
_A_r_n_o_l_d_L_. _M_a_c_k_le_y __________ , Commissioner
_t-_fa_r_i_a_n_I _. _S_m_i_t_h __________ , Commissioner
_D"'-o~n-=--=D~e=-Fo""'""r~d~------------• County Attorney
_M_1_· 1_d_r_e_d_A_l_s_d_o_r_f _. __________ , Clerk of the Board
Chuck Deschenes , County Administrator
when the following proceedings, among others were had and done, to-wit:
RESOLUTION NO. _9_4_-_0 _5 _2 _
A RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE
GARFIELD COUNTY SUBDIVISION REGULATIONS FOR LARRY AND BARBARA
FLUER (2nd Amended Bearwald Exemption Plat).
WHEREAS, LARRY AND BARBARA FLUER 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 25 .3 74 acre tract as described in Resolution 83-50 as filed in the Offices
of the Clerk and Recorder of Garfield County, Colorado, into two (2) parcels of approximately 18.728
and 6.646 acres in size, more or less, with the exemption parcels more practically as follows:
Parcel Bl
Parcel B2
(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 fal l 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, that there is a rea sonable 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 Departmen t 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
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eoo~0901?er,~208
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 Parcels Bl
and B2 from the 25.374 acre tract is hereby exempted from such definitions and may be conveyed in
the form of such lots "Bl" and "B2" 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 2nd day of __ M_a...;;;;y ____ , A.D. 19 9 4 .
ATIEST: GARFIELD COUNTY BOARD OF
COMMISSIONERS, GARFIELD
COUNTY, COLORADO
~ML~ Clerk of the Board ~
UP.on ~otion duly made and seconded the foregoing Resolution was adopted by the following
vote:
Elmer (Buckey) Arbaney A ~~~~~~~~~~~~~~~~~~~~~~~~~~~-• ye
Arnold L. Mackley A ~~~~~~~~~~~~~~~~~~~~~~~~~~~-'' ye
Marian I. Smith A ~~~~~~~~~~~~~~~~~~~~~~~~~~~-'' ye
STATE OF COLORADO )
County of Garfield
)ss
)
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
'
•'
.. , ::-·, r e /ROPERTY Dr lPTION 'It e ( •I <. , .. , PARC I •.. . ~::.;..
A PARCEL OF LAND SITUATED IN THE NW1/4SE1/4 OF SECTION 23, TOWNSHIP
7 SOUTH, RANGE 88 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF
GARFIELD, STATE OF COLORADO; SAID PARCEL BEING MORE PARTICULARLY 0901 209 DESCRIBED AS FOLLOWS : BOO~ :·t i;;
COMMENCING AT THE NORTHEAST CORNER OF SAID NW1/4SE1/4 THENCE
S 01 ·19'49• E 347 .91 FEET TO A POINT ON THE CENTERLINE OF AN
EXISTING RIGHT Of WAY AND EASEMENT (DOCUMENT NO . 241103 AS FILED IN
THE CLERK AND RECORDER'S OFFICE); THENCE ALONG SAID CENTERLINE
S 39'20 '38" W 128.42 FEET; THENCE ALONG SAID CENTERLINE ALONG THE
ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 188.71 FEET ANO A
CENTRAL ANGLE OF 35'16'32" A DISTANCE OF 116.18 FEET (CHORD BEARS
S 56'58'54" W 114 .36 FEET); THENCE ALONG SAID CENTERLINE
S 74'37'10" W 336.82 FEET; THENCE ALONG SAID CENTERLINE ALONG THE
ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 75.49 FEET AND A
CENTRAL ANGLE OF 34'03 '57" A DISTANCE OF 44.88 FEET (CHORD BEARS
N 88'20'52" W 44 .23 FEET) THE TRUE POINT OF BEGINNING; THENCE
LEAVING SAID CENTERLINE S 20'00'00" W (AND BOUNDED ON THE EAST BY
DOCUMENT NO. 327799) 564 .55 FEET ; THENCE S 08'30'00" E (AND
BOUNDED ON THE EAST BY DOCUMENT 327799) 168.00 FEET TO A POINT ON
THE SOUTH LINE OF SAID NW1/4SE1/4; THENCE N 89'21 '04" W 535 .10
FEET TO THE SOUTHWEST CORNER OF SAID NW1/4SE1/4; THENCE
N 00·15'39• E 1284.41 FEET TO THE NORTHWEST CORNER OF SAID
NW1/4SE1 /4 ; THENCE ALONG THE NORTHERLY LINE OF SAID NW1/4SE1/4
N 89'49'42" E 714 .61 FEET TO A POINT ON THE CENTERLINE OF AN
EXISTING RIGHT OF WAY AND EASEMENT (DOCUM ENT NO . 241103 AS FILED IN
THE CLERK ANO RECORDER'S OFFICE); THENCE ALONG SAID CENTERLINE
S 11 '56'56" E 67 .88 FEET; THENCE ALONG SAID CENTERLINE ALONG THE
ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 299 .91 FEET AND A
CENTRAL ANGLE OF 35'09'09" A DISTANCE OF 184 .00 FEET (CHORD BEARS
S 05·37 •39• W 181 .13 FEET); THENCE ALONG SAID CENTERLINE
S 23'12 '14" W 163 .52 FEET; THENCE ALONG SAID CENTERLINE ALONG THE
ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF 169.65 FEET ANO A
CENTRAL ANGLE OF 38'57'11" A DISTANCE OF 115 .34 FEET (CHORD BEARS
S 03'43'37" W 113.13 FEET); THENCE ALONG SAID CENTERLINE
S 15'45'00" E 36 .44 FEET; THENCE ALONG SA ID CENTERLINE ALONG THE
ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF 75 .49 FEET ANO A
CENTRAL ANGLE OF 55•33'53" A DISTANCE OF 73 .21 FEET (CHORD BEARS
S 43'31 '57" E 70.37 FEET) TO THE TRUE POINT OF BEGINNING;
CONTAINING 18 .728 ACRES, MORE OR LESS.
SUBJECT TO AN ACCESS EASEMENT BEING A STR IP OF LAND SITUATED IN THE
NW1/4SE 1/4 OF SECTION 23, TOWNSHIP 7 SOUTH , RANGE 88 WEST OF THE
SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO,
SAID STRIP BEING MORE PARTICULARLY DESCRIBED AS FO LLOWS:
COMMENCING AT THE NORTHEAST CORNER OF THE NW1/4SE1/4 OF SAID
SECTION 23; THENCE S 42'12'41" W 836 .91 FEET TO A POINT ON THE
SOUTHERLY RIGHT OF WAY OF A 60 .00 FOOT ACCESS EASEMENT AS DESCRIBED
IN RECEPTION NO . 241103, THE TRUE POINT OF BEGINN I NG; THENCE
S 20'00 '00" W ALONG A LINE BEING PARALLEL TO AND 15.00 FEET
WESTERLY OF THE EASTERLY LINE OF PARCEL B1 OF THE 2ND AMENDED
BEARWALD EXEMPTION, 539.09 FEET; THENCE CONTINUING ALONG SAID LINE
S 08'30'00" E 95 .50 FEET; THENCE ALONG THE ARC OF A CURVE TO THE
RIGHT HAVING A RAD IUS OF 50.00 FEET AND A CENTRAL ANGLE OF
78'48'21" A DISTANCE OF 68 .77 FEET (CHORD BEARS S 51'14'45" W
63 .48 FEET) TO A POINT BEING 15.00 FEET NORTHERLY OF THE SOUTHERLY
LINE OF SAID PARCEL B1; THENCE N 89'21 '04" W ALONG A LINE BEING
PARALLEL TO AND 15.00 FEET NORTHERLY OF SAID SOUTHERLY LINE 433.90
FEET; THENCE ALONG THE ARC OF A CURVE TO HE RIGHT HAVING A RADIUS
OF 50.00 FEET AND A CENTRAL ANGLE OF 30'03'40" A DI STANCE OF
26 .23 FEET (N 74'19'14" W 25 .93 FEET) TO A POINT ON THE WESTERLY
LINE OF SAID NW1/4SE1/4; THENCE S 00'15'39" W ALONG THE WESTERLY
LINE 21 .73 FEET; THENCE N 89'21 '04" E ALONG THE SOUTHERLY LINE OF
SAID NW1/4SE1/4 535.10 FEET; THENCE N 08'30'00" W ALONG THE
EASTERLY LINE OF SAID PARCEL Bl 168.00 FEET; THENCE CONTINUING
ALONG SAID EASTERLY LINE N 20'00'00" E 534 .54 FEET TO A PO I NT ON
THE SOUTHERLY RIGHT OF WAY OF SAID 60.00 FOOT ACCESS EASEMENT;
THENCE ALONG SAID SOUTHERLY RIGHT OF WAY ALONG THE ARC OF A CURVE
TO THE RIGHT HAVING A RADIUS Of 105.49 FEET ANO A CENTRAL ANGLE OF
08'09'50" A DISTANCE OF 15.03 FEET (CHORD BEARS N 67'10'58" E
15.02 FEET) TO THE TRUE POINT OF BEGINNING; SAID STRIP CONTAINING
0.440 ACRES, MORE OR LESS.
SUBJECT TO A 20.00 FOOT WIDE UTILITY EASEMENT, SAID EASEMENT BEING
A STRIP OF LAND SITUATED IN THE NE1/4SW1/4 OF SECTION 23, TOWNSHIP
7 SOUTH. RANGE 88 WEST OF THE SIXTH PRINCIPAL MERIDIAN. COUNTY OF
GARFIELD, STATE OF COLORADO, SAID STRIP BEING 10 .00 FEET TO EACH
SIDE OF THE FOLLOWING DESCRIBED CENTERLINE:
COMMENCING AT THE NORTHEAST CORNER OF THE NW1/4SE1/4 OF SAID
SECTION 23; THENCE S 60'40'50" W 803.12 FEET TO THE TRUE POINT OF
BEGINNING; THENCE S 87'17'28" E ALONG THE CENTERLINE OF SAID
EASEMMENT 14 .55 FEET; THENCE CONTINUING ALONG THE CENTERLINE OF
SAID EASEMENT S 19•49 •39• E 84.58 FEET; THENCE CONTINUING ALONG
THE CENTERLINE OF SAID EASEMENT S 04'14'04" E 5.40 FE ET; THENCE
CONTINUING ALONG THE CENTERLINE OF SAID EASEMENT
N 04'14'04" W 5.40 FEET; THENCE CONTINUING ALONG THE CENTERLINE
OF SAID EASEMENT N 82'01 '58" E 44.67 FEET; THENCE CONTINUING
ALONG THE CENTERLINE OF SAID EASEMENT N 05'28'48" E 48.73 FEET;
THENCE CONTINUING ALONG THE CENTERLINE OF SAID EASEMENT
N 82'15'10" E 12.31 FEET TO A POINT ON THE EASTERLY LINE OF SAID
PARCEL Bl. THE TERMINUS.
ALSO SUBJECT TO:
1. RIGHT OF WAY EASEMENT FOR ROAD AS RECORDED JUNE 10, 1968 AS
DOCUMENT NO. 241103 .
2 . RIGHT OF WAY EASEMENT TO HOLY CROSS ELECTRIC ASSOCIATION,
INC ., RECORDED JUNE 12, 1972 AS DOCUMENT NO. 254095 IN BOOK
432 AT PAGE 18 .
3. RIGHT OF WAY EASEMENT TO HOLY CROSS ELECTRIC ASSOCIATION,
INC., RECORDED OCTOBER 24, 1975 AS DOCUMENT NO. 269919 IN BOOK
479 AT PAGE 929.
TOGETHER WITH A 20.00 FOOT WIDE WATERLINE AND WELL EASEMENT, SAID
EASEMENT BEING A STRIP OF LAND SITUATED IN THE NE1/4SW1/4 OF
SECTION 23, TOWNSHIP 7 SOUTH , RANGE 88 WEST OF THE SIXTH PRINCIPAL
MERIDIAN. COUNTY OF GARFIELD, STATE OF COLORADO, SAID STRIP BEING
10.00 FEET TO EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE:
COt.t.IENCING AT THE NORTHEAST CORNER OF THE NW1/4SE1/4 OF SAID
SECTION 23; THENCE S 50 '33'03" W 1968 .68 FEET TO AN EXISTING
WELL, THE TRUE POINT OF BEGINNING; THENCE N 00'34'48" E ALONG THE
CENTERLINE OF SAID WATERLINE 85 .35 FEET; THENCE CON TINUING ALONG
l''f if~1rn lM N -~ 11' W)lf/t' JNf s ~r,r1n· T H1 ~' Hil
KIRKHAM, MAI
(
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EXISTING ¥.£LL ----.......
. BEARWALD WELL No. 1 ""'-
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SCALE r , "=2000.
PROPERTY DESCRIPTION
PARCEL B2
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A PARCEL OF LAND SITUATED IN THE NW1/4SE1/4 OF SECTION 23, TO'M'JSHIP
7 SOUTH, RANGE 88 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF
GARFIELD, STATE OF COLORADO; SAID PARCEL BE I NG MOR E PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID NW1/4SE1/4 THE TRUE
POINT OF BEGINNING; THENCE S 01 '19'49" E 347 .91 FEET TO A POINT
ON THE CENTERLINE OF AN EXISTING RIGHT OF WAY AND EASEMENT
(DOCUMENT NO. 241103 AS FILED IN THE CLERK AND RECORDER'S OFFICE);
THENCE ALONG SAID CENTERLINES 39'20'38" W 128.42 FEET; THENCE
ALONG SAID CENTERLINE ALONG THE ARC OF A CURVE TO THE RIGHT HAV I NG
A RADIUS OF 188 .71 FEET AND A CENTRAL ANGLE OF 35 '16'32" A
DISTANCE OF 116.18 FEET (CHORD BEARS S 56'58'54" W 114.36 FEET);
THENCE ALONG SAID CENTERLINES 74'37'10" W 336 .82 FEET; THENCE
ALONG SAID CENTERLINE ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING
A RADIUS OF 75.49 FEET AND A CENTRAL ANGLE OF 89'37'50" A
DISTANCE OF 118.09 FEET (CHORD BEARS N 60'33'55" W 106.41 FEET);
THENCE ALONG SAID CENTERLINE N 15·45•00· w 36 .44 FEET; THENCE
ALONG SAID CENTERLINE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING
A RADIUS OF 169 .65 FEET AND A CENTRAL ANGLE OF 38'57'11" A
DISTANCE OF 115 .34 FEET (CHORD BEARS N 03'43'37" E 113.13 FEET);
THENCE ALONG SAID CENTERLINE N 23'12'14" E 163.52 FEET; THENCE
ALONG SAID CENTERLINE ALONG THE ARC OF A CURVE TO THE LEFT HAVING
A RADIUS OF 299.91 FEET AND A CENTRAL ANGLE OF 35'09'09" A
DISTANCE OF 184.00 FEET (CHORD BEARS N 05'37'39" E 181 .13 FEET);
THENCE ALONG SAID CENTERLINE N 11'56'56" W 67.88 FEET TO A POINT
ON THE NORTHERLY LINE OF SAID NW1/4SE 1/4; THE NCE LEAVING SAID
CENTERLINE AND ALONG THE NORTHERLY LINE OF THE NW1/4SE1/4
N 89'49'42" E 521 .06 FEET TO THE TRUE POINT OF BEGINNING;
CONTAINING 6.646 ACRES, MORE OR LESS.
SUBJECT TO:
1. RIGHT OF WAY EASEMENT FOR ROAD AS RECORDED JUNE 10, 1968 AS
DOCUMENT NO. 241103.
2. RIGHT OF WAY EASEMENT TO HOLY CROSS ELECTRIC ASSOCIAT ION,
INC .. RECORDED JUNE 12, 1972 AS DOCUMEN T NO. 254095 IN BOOK
432 AT PAGE 18.
3. RIGHT OF WAY EASEMENT TO HOLY CROSS ELECTRIC ASSOCIATION,
INC., RECORDED OCTOBER 24, 1975 AS DOCUMENT NO. 269919 IN BOOK
479 AT PAGE 929.
TOGETHER WITH A 20.00 FOOT WIDE UTILITY EASEMENT, SAID EASEMENT
BEING A STR I P OF LAND SITUATED IN THE NE1/4SW1/4 OF SECTION 23,
·· TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE SIXTH PRINCIPAL MERIDIAN,
COUNTY OF GARFIELD, STATE OF COLORADO, SAID STRIP BEING 10.00 FEET
TO EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE:
COMMENCING AT THE NORTHEAST CORNER OF THE NW1/4SE1/4 OF SAID
SECTION 23; THENCE s 60'40'so· w 803.12 FEET TO THE TRUE POINT OF
BEGINNING; THENCE S 87'17'28" E ALONG THE CENTERLINE OF SAID
EASEt-.t.1ENT 14 .55 FEET; THENCE CONTINUING ALONG THE CENTERLINE OF
SAID EASEMENT S 19'49'39" E 84 .58 FEET; THENCE CONTINUING ALONG
THE CENTERLINE OF SAID EASEMENT S 04'14'04" E 5.40 FEET; THENCE
CONTINUING ALONG THE CENTERLINE OF SAID EASEMENT
N 04'14'04" W 5 .40 FEET; THENCE CONTINUING ALONG THE CENTERLINE
OF SAID EASEMENT N 82'01 '58" E 44 .67 FEET; THENCE CONTINUING
ALONG THE CENTERLINE OF SAID EASEMENT N 05'28 '48" E 48.73 FEET;
THENCE CONTINUING ALONG THE CENTERLINE OF SAID EASEMENT
N 82'15'10" E 12.31 FEET TO A POINT ON THE EASTERLY LINE OF SAID
PARCEL 81, THE TERMINUS.
3 /26/94 COUNTY SURVEYOR COMAENTS MSB
2 /1 2/94 REVISIONS PER CL I ENT COWENTS MSB
/18/94 REVISIONS PER CLIENT COM.4ENTS MSB