HomeMy WebLinkAbout2.0 Resolution 79-51MAY 3 0 1979 BOOK 5
Recorded at o' oloa II.
Reception 1"494f Mildred Alsdorf, Recorder
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF
GARFIELD COUNTY, COLORADO
RESOLUTION NO. 79-51
WHEREAS, Ray Baldwin 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 19.42 acre tract described as follows: that parcel of land as
described in Document No. 285605in-the Office of the Clerk and Recorder of
Garfield County, Colorado into 3 tracts of approximately 6.0, 8.36, and
5.06 acres each, more or less, which proposed divided tracts are more parti-
cularly described as follows:
Tract A: A parcel of land situated in the NE4NW4 of Section 25,
Township 5 South, Range 91 West of the Sixth Principal Meridian,
Garfield County, Colorado, lying Southerly of the Northerly line
of said Section 25, Westerly of the North-South Centerline of said
Section 25, Northerly of Parcel No. 2, and Easterly of the Easterly
right-of-way line of County Road No. 241, also known as the East Elk
Creek Road, said Parcel No. 1 is more fully described as follows:
Beginning at the North Quarter Corner of said Section 25; thence
S.00°02'00"E. 404.99 feet along said North-South Centerline; thence
S.89°38113" W. along a line parallel to the Northerly line of said
Section 25, 654.42 feet to a point on said right-of-way line; thence
along said right-of-way line N.01°54'55"E. 279.16 feet; thence
74.73 feet along the arc of a curve to the right, having a radius of
441.24 feet, the chord of which bears: N.06°46'01" E. 74.64 feet;
thence N.11°37'08"E. 53.14 feet to a point on the Northerly line of
said Section 25; thence leaving said right-of-way line, N.89°38'13"E.
along the Northerly line of said Section 25, 625.36 feet to the North
Quarter Corner of said Section 25, the point of beginning.
The above described Parcel contains 6.00 acres, more or less.
Tract B: A parcel of land situated in the NE1/4NW4 of Section 25,
Township 5 South, Range 91 West of the Sixth Principal Meridian,
Garfield County, Colorado, lying Southerly of Parcel No. 1., Northerly
of Parcel No. 3 and the centerline of a road way as constructed
BOOK 529 pbcs1
',and in- place,. Westerly of the North-South Centerline of said Section
25; and Easterly of the Easterly right-of-way line of County Road. No.
241 and No. .245, said Parcel No. 2 is more fully described as follows
Beginning at the North Quarter Corner of said Section 25; thence
S.00°02'00"E:`along the said North-South Centerline, 1048.43 feet
to a pointon said centerline road way the TRUE POINT of BEGINNING:
thence `.along said centerline road way S.75°13'48"W. 99.77 feet;
thence 98.83 feet along the arc of a curve to the right having a
radius of 264.58 feet, the chord of which bears: S.85°55'53"W.
98.26 feet thence N.83°22'02"W. 170.99 feet to a point on the
Easterly right-of-way line of said County Road No. 245; thence along.
said right-of-way line, 135.24 feet along the arc of a curve to the
left, having a radius of 682.38 feet, the chord of which bears:
N.30o40'39"W. 135.01 feet; thence N.36°21118"W. 143.91 feet; thence
38.43 feet along the arc of a curve to the right, having a radius
of 740.55 feet, the chord of which bears: N.34°52'05"W. 38.43 feet;
thence N.33°22'53"W. 99.84 feet; thence 86.83 feet along the arc
of a curve to the right, having a radius of 219.64 feet, the chord of
which bears:
N.22°03'20"W. 86.27 feet; thence N.10°43'48"W. 87.12
feet to a point on the Easterly right-of-way line of said County
Road No. 241; thence along said right-of-way line, 140.18 feet
along the arc of a curve to the right, having a radius of 635.16
feet, the chord of which bears: N.04°24'27"W. 139.90 feet; thence
leaving said right-of-way line, N.89o38'13"E. along a line parallel
to the Northerly line of said Section 25, 654.42 feet to a point
on said North-South Centerline; thence S.00°02'00" E. along said
North-South Centerline, 643.44 feet to a point on said centerline
road way, the TRUE POINT of BEGINNING.
The above described Parcel contains 8:36 acres, more or less.
The above described Parcel No. 2 is subject to and together with a
60 foot road way easement, being 30.00 feet on each side of the
above described centerline road way.
Tract C: A parcel of land situated in the NE4NW4 and SE4NW4
of Section 25, Township 5 South, Range 91 West of the Sixth Princi-
pal Meridian, Garfield County, Colorado, lying Southerly of Parcel
No. 2 and the centerline of a road as constructed and in place,
Easterly of the Easterly right-of-way line of County Road No. 245,
and Westerly of the North-South Centerline of said Section 25, said
ME
Parcel No;. 3 is more fully described as fellows:.
Beginning at the North Quarter Corner of said Section 25, thence
S.00°02'00"E..along said North-South Centerline, 1048..43 feet to
a point on said centerline road way, the TRUE POINT of BEGINNING:
thence S.00°02'00" E. along said North-South Centerline 1044.83
feet to a point'on said right-of-way line; thence along said right-
of-way line, N.29033'25"W. 335.20 -feet; thence 202.18 feet along
the arc of a curve to the right, having a radius of 631.54 feet,
the chord of which bears: N.20°23`08"W. 201.32 feet; thence
N.11°12'52"W. 403.91 feet; thence 164.18 feet along the arc of a
curve to the left, having a radius of 682.38 feet, the chord of
which bears: N.18°06'26"W. 163.79 feet to a point on said center-
line road way, thence along said centerline road way, S:83°22'02°E
170.99 feet; thence 98.83 feet along the arc of a curve to the
left, having a radius of 264.58 feet, the chord of which bears:
N.85°55'53"E. 98.26 feet; thence N.75°13'48"E. 99.77 feet to a
point on the North-South Centerline of said Section 25, the TRUE
POINT OF BEGINNING.
The above described Parcel contains 5.06 acres, more or less.
The above described Parcel No. 3 is subject to and together with
a 60 foot road way easement, being 30.00 feet on each side of the
above described centerline road way; 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 is not large enough to require subdivision review; and
WHEREAS, the Petitioner has 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;
NOW, THEREFORE, upon the motion of
Larry Vel asgu'7
, seconded.
•
BOOK 529 PAGE
;,:and carried,: the.division of the above;
Jolley
escrl:bed`.tr...acts "A".•:,: "B";., 'and HC". from the -above :described 19:42: acre tract
iereby, exempted--from_such-definitions and said :tract'may_be divided `into tracts'
"A", "B" and "`G" all as is more fully described above, and said _divided tract
may be conveyed i n the form of such smaller tracts without further compliance
with the- aforesaid subdivision -statutes. and ,regulations; provided; however, -that-
..
is exemption is granted: on thecondition and with the express understanding
nd'_:agreement of the Petitioner that no further exemptions- be allowed on- on- satd.'
r..acts "A" ,: "B" and "C", andthat a copy of the instrumentor instruments' of=
conveyance when recorded shall be filed with this Resolution.
Dated this 29th day of May A. D. 1979..
'ATTEST':
Depity Cl rk Sf the Boah�i
of Count yvCommissioners
Gar.field: County, Colorado
THE BOARD OF COUNTY -COMMISSIONERS.•
• O.F:GARFIELD COUNTY, COLORADO
Chairman