HomeMy WebLinkAbout3.0 Resolution 83-50STATE OF COLORADO
County of Garfield
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Recorded of ') (.o" tock Th M. MAR :15 1983
Reception No. 3332W MILDRED AtSDORF, RECORDER
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At a regular meeting of the Board of County
Commissioners for Garfield County, Colorado, held at the Commissioners
Annex in Glenwood Springs on. Monday , the 14th day
of March A.D.: 19. 83 , there were present:
Eugene "Jim",Drinkhouse
Larry Velasquez
Flaven J. Cerise
Earl Rhodes
Mildred Alsdorf
Commissioner Chairman
Commissioner
Commissioner
County Attorney
,. Clerk of the Board
when the foliowing proceedings, amongothers were had and done, 'to -wit:
Resolution No. 83-50
.A"RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE GARFIEL'D.COUNTY
SUBDIVISION REGULATIONS FOR MARK AND CECELIA BEARWALD.
WHEREAS; Mark and .Cecelia Bearwald 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 January 2; 1979, Sections 2.02.21.
(d) and 3.02.01 for the division of a 64.19 acre tract described as:
follows: that parcel of land as described in Book 355, Page 135 as filed
in the Office of the Clerk and Recorder of Garfield County, Colorado into
2 tracts of approximately 38.82 and 25.37 acres each, more or less, which
proposed divided tracts are:more particularly described as follows:
TRACT A: A Parcel of °land situated in the NE 1/4 SW 1/4 of Section 23,
Township 7 South,-Range.88 West of the 6th Principal. Meridian,
County of Garfield, State of Colorado; beingmore particularly
described as follows:
Commencing at the Northwest Corner of said NE 1/4 SW 1/4 the True
Point of Beginning; thence N.89° 49'42"E. 1318.64 feet to the
Northeast Cornu: of said NE 1/4 SW 1/4; thence S. 00°15' 39"W.
1284.41 feet to the Southeast Corner of said NE 1/4 SW 1/4;
thence S. 89° 57' 56"W. 1317.78 feet to the Southwest Corner of said
NE 1/4 SW 1/4; thence N.00°13'24"E. 1281.25 feet to the True
Point of Beginning; containing 38.82 acres, more or less.
Together with a 20.00 foot access easement situated in the NW 1/4
SE 1/4 of said Section, lying 10.00 feet to each side of the
following described centerline
Commencing at the. Northeast Corney of the NW 1/4 SE 1/4 of said
Section; thence S.42°40'47"W. 807.55 feet to the centerline of an
existing right-of-way and easement. (Document No. 24110.3 as filed
in the Clerk and Recorder's Office) the True Point of Beginning;
thence S.20°00'00"W,. 564.99 feet; thence S -.5042'35"W. 75.01
feet; thence S.5350'04"W. 131.82 feet; thence S.59°08'14"W.
52.09 feet; thence S.79"47'38."W. 45.61 feet; thence N.56°32'14"W.
58.18 feet; thence N.36°41149"W. 62.55 feet; thence N.28°03' 55"W.
106.09 feet; thence N. 60°48' 39"W. 120.46 feet to a point on the
west line of said NW 1/4 SE 1/4, the Terminus.
Subject to a 20.00.acecss easement situated in said NE 1/4 SW
1/4, lying 10.00 feet to each side of the following described
centerline:
Commencing at the Northeast Corner of the NW 1/4 SE 1/4 of said
Section; thence 5.49'55'13"W. 1621.12 feet to a point on the west
line of said NW 1/4 SE 1/4, the `l.rue Point of Beginning; thence
N.60°48' 39"W. 163.46 feet; thence N. 64°27' 52"W. 75.41 feet;
• °
thence N.6854'45"W. 70.27 feet to the Terminus
Also subject to a 20 Lootwell easement ;situated in. said; NE 1/4
SW 1/4 lying 10.00., feet to each side of the::. following describe
centerline:
Commencing at the Northeast Corner of the : NW 1/4 SE 1/4 of said
Section, thence : S..500
33'03"W.- 1968.68. feet to . an existing well
the True Point:of Beginning: the .....e N: 00" 34' 48"E 344.64 feet to
the Terminus.
A1so subject to:
(1) Right-of-way easement to Holy Cross .Electric Association,;
Inc; recorded June .12,, 1972 ;;as Document .No. 254095 in Book :432;:,
Page 18
(2): Right-of-way easement. to Holy Cross Electric Association;...
Inc. recorded October 24,.:.1975 as Document No.: 269919 in: Book 479
at Page 929.
Tract•' A• is . allotted ;:five gallons of* water per minute ficin
. Bearwald Well No. 1 -under terms of the adjudication: of Case No.
°:80CW66 of Water Division ..No. 5 of the District Court.
TRACT .B ...A parcel of land situated . in the NVQ . 1/4 SE "1/4 of Section
Township 7 South, Ranges 88 West of tyle 6th Principal Meridian`,
•County of Garfield, State of Colorado; said parcel being more:
particularly- described as follows:
Commencing :at the Northeas- Corner of said NW 1/4 SE 1/4, the
True Point of Beginning; thence S.012.19' 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 cente.riine S.39°20'38"tis'. 128.42• feet;
thence along .said centerline along the are of a :curve to the
right having.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.N..
114.36 ,feet) ; thence along said centerline S.74°37'1.0".W.
::feet; thence 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' 51" a distance of 44. 88 feet (chord. bears g,88 820'
44:2.2 feet) ; 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 No. 327799)•
168.00.feet .to a point on the south line of said NW 1/4 SE1/4;
thence N.89°21'04"W. 535.10 feet to the Southwest Corner of said
NW 1/4 SE 1/4 ; thence N. 00°15' 39"E, 1284.41 feet to the Northwe.st
Corner of said.W 1/4 SE 1/4; thence N.89 49' 42"E. 1235.67 feet
to the True Point of. Beginning;: containing 25.37.acres, more or
less.
Subject to a 20.00. foot .access easement situated in_ said N"W.. i/4
SE 1/4 and lying 10.00 feet to each side of the following.
described centerline;
Commencing at the .Northeast Corner of the NW .1/4 SE 1/4 of said
:Section; thence S.42°40 -`-47"W. 807.55 ieet to the centerline of an
existing. right-of-way.and easement (Document No. 241103 as filed
in the Office of the Clerk and Recorder's Office) the True Point
of Beginning;: thence S. 20° 00' 00' W. 564.99. feet; thence S.56
42' 35"W. "75.01 feet; thence S. 5.3' 50' 04" LN. 131.82 feet; thence
S.59°08' 14"W. 52.09 feet; thence S,79°47'38"W. 45.61 feet;
thence N. 56° 32' 14 "W. 58.18 feet; thence N. 60° 48' 39"W. 120.46
feet to a point on the west line of said NW 1/4 SE 1/4 the
Terminus.
Together with a 20.00 foot access easement situated in the NE 1%4:
SW 1/4 of said Section,.lying 10.00 feet to each side of the
following described centerline:•
Boax 622 TIGE
Commencing at the Northwest. Corner of said.NW 1/4`SE 1/4.; thence
S. 49° 55' 13"W. 1621.12 feet to a point on the west line of, said NW
1/4 SE 1/4 the True Point of Beginning; thence N.60 .48.139"W"
163.46 feet; thence N. 64" 27' 5.2"tv. 75, /: eet thence N.689:
54'45"W. 70.27 feet to the Terminus.
Also together with a 20.00 foot well easement situated in the NE.
1/4 SW 1/4 of said Section, lying 10.00 feet to each side of the
following described centerline:
Commencing at the Northeast Corner of the'NW 1/4 SE l/4'of said..
Section; thenceS;50°33'03"WWi..1968.68 feet to an existing.wei ,
the True Point of.Beginning; thence N.00°34448"E. 344.64 feet to..
the Terminus..-
Also
erminus.
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 254.095. in Rook 432
at Page '18.
(3) Right-of-way easement to Holy Cross Electric Association,
Inc., recorded October 24, 1975 as Document No. '269919 in 1360k
479 at Page 929.
Tr(71t B is allotted five gallons of water per minute from
Bearwald Well No. 1 under :terms of the adjudication of Case No.
80CW66 of Water Division No. 5 of the District Court.
(in the :State of .Colorado •and County of Garfield) ; and
WHEREAS, the Petitioners have demonstrated to the satisfaction of the -
Board .of
heBoard.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 1.973, as amended, for the reason that.
the.impact'created 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 reasonable probability of rotating domestic water on each of said
tracts, that theze'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, BE IT RESOLVED that the division of the above
described tracts "A" and "B" from the above 64.19 acre tract is hereby
exempted frorn such definitions and said tract. may be divided into tracts.
"A" and "13", all as is more fully described above, and said divided tract
may be conveyed in the form of such smaller•tracts without further
ompliance with the aforesaid subdivision statutes and'regulations;
provided, however, that a copy of the instrument or instruments of
conveyance when recorded shall be filed with this Resolution.
ATTEST: HOARD OF COUNTY COMMISSIONERS
GARFIELD COUNTY, LIORADO
//72ti,le4J_
/Cleikk of the . Board