The URL can be used to link to this page

Home My WebLink About6.0 Resolution 90-050STATE; OF. COLORADO 'County. of.Garfield •s o'clock 13999010n No. _.....412641 . Ni1LORE ALS ORF, RI GORDE#t GARFIELD COUNTY, COLORADO BOOK 779 PAGE6 2 21990 meeting of the Board of County ers for Garfield- County, Colorado, • held at the he >Garfield County Courthouse in Glenwood Springs on the there. were:: present: At`_ a-- regular.. Commission Commmissioners' Meeting Room at t 21 t day of May A. D. 1990 Marian:I.. Smith` .Arnold ::L:' Mack1eV:. Elmer `-(Buckev)'ArbaneY DonDeFord Mildred Alsdorf amok `-'Deschenes -: when:the following proceeding to -wit: Commissioner Chairman Commissioner:` Commissioner County Attorney ,: Clerk 'of the Board County Administrator among others were had and done, RESOLUTION NO. 90-050 A RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE GARFIELD COUNTY SUBDIVISION REGULATIONS FOR PHILIP A. AND KATHRYN J. BARRIE. WHEREAS, Philip A. & Kathryn J. Barrie have 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 162.00 acre tract as described in Book 754, Page 146, as filed in the Office of the Clerk and Recorder of Garfield County, Colorado into two tracts of approximately 5.00 acres and 157.00 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 Health, that the requested division is not part of an existing or larger development and deos 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 pet forth in C.R.S. 1973, 30-28-101 (10) (a) - (d) as amended; BOOK 779 r E643' NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Ga field County, Colorado that the division of the above described tracts "A" and "B" from the above described 162.00 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" 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 21st day o May , A.D. 19901 ATTEST: GARFIELD COUNTY BOARD OF COMMISSIONERS GARFIELD COUNTY, COLORADO C Prk of the Board / Chairman Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: Marian I_ Smith Arnold L. Mackley Elmer (Buckev-) Arbaney Aye Aye Aye STATE OF COLORADO County of Garfield 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 County Clerk and ex -officio Clerk of the Board of County Commissioners PROPERTY DESCRIPTION PARCEL A BOOK. `?".9 Parr- c 4Q.. A parcel of land situated in the West one-half of the Southeast one-quarter of the Northwest one-quarter (W1/2 SE1/4 NW1/4) of Section 35, Township 5 South, Range 92 West of the 6th Principal Meridian, County of Garfield, State of Colorado, being more particularly described as follows: Note: For the purpose of this description all bearings contained herein shall be relative to N00°19'25"W (assumed) between the West one-quarter corner and the Northwest corner of said Section 35, monumented by metal pipes and aluminum caps, found in place and properly marked. Beginning at the Northeast corner of said W1/2 SE1/4 NW1/4; thence along the East line of said W1/2 SE1/4 NW1/4, S00°04'54"E, 347.12 feet to a point 20.00 feet Northerly of as measured at right angles to, the centerline of County Road 260 as constructed, said point being on a non -tangent curve to the right,the radius point of which bears N37°49'02"W, 170.00 feet; thence along the arc of said curve to the right, 111.90 feet, through a central angle of 37°42'48", with a chord bearing of 871°02'22"W, 109.89 feet to a point of tangency on the projection of the Northerly right--of-Hay line of said County Road as described in Book 249 Page 343 of the Garfield County Clerk and Recorder; thence along said right-of-way line, S89°53'46"W, 503.08 feet; thence N00°06'14"W, 286.69 feet to a rebar and plastic cap marked "18478 S&W Inc"; thence N07°12'39"E, 67.19 feet to a rebar and plastic cap marked "3317 S&W Inc"; thence N87°05'37"E, 599.37 feet to the Point of Beginning. Containing 221832 square feet (5.093 acres), more or less. TOGETHER WITH a 30.00 foot wide non-exclusive easement f^, ingress and egress lying 15.00 feet on each side of the following described centerline: countencing at the metal pipe and aluminum cap for the Wc3t 1/4 corner of said Section 35; thence N55°30'00"E, 1645.50 feet to a point on the Northerly line of the traveled surface of County Road 260 as constructed and in place, the Point of Beginning of the easement herein described; thence N16°06'44"E, 100.16 feet; thence N04°39'55"E, 56.11 feet; thence N10°40'45"E, 4:00 feet to the Westerly line of said Parcel A the Point of Terminus, with the sideline extended or shortened to terminate at said Westerly line. TOGETHER WITH a 20.00 foot wide easement for a water line as constructed and in place lying 10.00 feet on each side of a centerline being generally described as follows: Commencing at the metal pipe and aluminum cap for the West 1/4 corner of said Section 35; thence N43°45'36"E, 1673.44 feet to a well as constructed and in place; thence N81°14'41"W, 10.00 feet to the Point of Beginning of the easement herein described; thence S81°14'41"E, 49.49 feet; thence N89°56'50"E, 96.66 feet; thence N88°06'33"E, 49.29 feet; thence S61°55'21"E, 32.75 feet; thence N80°00'00"E, 18:03 feet to the Westerly line of said Parcel A, the Point of Terminus, with the sidelines extended or shortened to terminate at said Westerly line. BOOK 779 Pr,GE645 The West one-half of the Northwest one-quarter (W1/2 N41/4) and the West one-- half of the East one-half of the Northwest one-quarter (W1/2 E1/2 NW1/4) of Section 35; and the Southeast one-quarter of the Southwest one-quarter (SE1/4 SW1/4) of Section 26, Township 5 South, Range 92 West of the 6th Principal Meridian, County of Garfield, State of Colorado. Note: For the purpose of this description all bearing contained herein shall be relative to N00°19'25"W (assumed) between the, West one-quarter corner and 'the Northwest corner of said Section 35, monurnented by metal pipes and aluminum caps, found in place and properly marked. RESERVING THEREFROM a 30.00 foot wide non-exclusive easement for ingress and egress lying 15.00 feet on each side of the following described centerline: Commencing at the metal pipe and aluminum cap for the West 1/4 corner of said Section 35; thence N55°30'00"E, 1645.50 feet to a point on the Northerly line of the traveled surface of County Road 260 as constructed and'in place, the Point of Beginning of the easement herein described; thence N16°06'44"E, 100.16 feet; thence N04°39'55"E, 56.11 feet; ,thence N10°40'45"E, 4.00 feet to the Westerly line:of said Parcel A the Point of Terminus,with the sideline extended or shortened to terminate at said Westerly line. and a 20.00 foot wide easement for a water line as constructed and in place lying 10.00 feet on each side of a centerline being generally described as follows: Commencing at the metal pipe and aluminum cap for the West 1/4 corner of said Section 35; thence N43°45'36"E, 1673.44 feet to a well as constructed and in place; thence N81°14'41"W, 10.00 feet to the Point of Beginning of the easement herein 'described; thence S81°14'41"E, 49.49 feet; thence N89°56'50"E, 96.66 feet; thence N88°06'33"E, 49.29 feet; thence S61°55'21"E, 32.75 feet; thence N80°00'00"E, 18.03 feet to the Westerly line of said Parcel A, the Point of Terminus, with the sidelines extended or shortened to terminate at said Westerly line. EXCEPTING The right-of-way of County Road 260 as described in deed recorded in Book 249 Page 343 of the Garfield County Clerk and Recorder. AND EXCEPTING a parcel of land being more particularly described as follows: Beginning at the Northeast corner of said W1/2 SE1/4 NW1/4; thence along the East line of said W1/2 SE1/4 NW1/4, S00°04'54"E, 347.12 feet to a point 20.00 feet Northerly of'as measured at right angles to, the centerline of County Road 260 as constructed, said point being on a non -tangent curve to the right,the radius point of which bears N37°49'02"W, 170.00 feet; thence along the arc.of said curve to the right, 111.90 feet, through a central angle of 37°42'48", with a chord bearing of S71°02'22"W, 109.89 feet to a point of tangency on the projection of the Northerly right-of-way line of said County Road as described in Book 249 Page 343 of the Garfield County Clerk and Recorder; thence along said right-of-way line, S89°53'46"W, 503.08 feet; thence N00°06114"W, 286.69 feet to a rebar and plastic cap marked "18478 S&W Inc"; thence N07°12'39"E, 67.19 feet to a rebar and plastic cap marked "3317 SW Inc", thence N67°05':7"E. 599.37 feet to the Point of Beginning.