HomeMy WebLinkAbout3.0 Resolution 86-46• •
at 9
STATE OF COLORADO )''h'5r r%"fir Q
)ss
County of Garfield )
At a
Commissioners for Garfield County, Colorado, held at the Commissioners'
Meeting Room at the Garfield County Courthouse in Glenwood Springs on
the 12th day of May A.D. 19 86 , there were present:
MAY 131936
M::Lt '=QED f.,3DO RECORMIA
t l:K G88 1'ac i a
regular meeting of the Board of County
when
Larry Schmueser
Robert Richardson
Flaven J. Cerise
Don DeFord
Mildred Alsdorf
Roger Ludwig
the following proceedings,
, Commissioner Chairman
, Commissioner
, Commissioner
, County Attorney
, Clerk of the Board
, Administrative Assistant
among others were had and done,
RESOLUTION NO. 86-4+6
to -wit:
A RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE GARFIELD COUNTY
SUBDIVISION REGULATIONS FOR SUSAN G. MACKIE.
WHEREAS, Susan G. Mackie 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 April 23, 1984, Section 8:00 through
8:60 for the division of a 33.55 acre tract as described in Book 639, Page
165 through 167, as filed in the Office of the Clerk and Recorder of
Garfield County, Colorado, into two tracts of approximately 21.44 acres,
and 12.11 acres, more or less, which proposed divided tracts are more
particularly described as follows:
TRACT A: See attached legal description for Lot A.
TRACT B: See attached legal description for Lot B.
(in the State of Colorado and the County of Garfield); 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 division does not warrant further subdivision review; and
WHEREAS, the Petitioner has 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 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; and
1 •
bol 688 PAGE 1Bi
NOW, THEREFORE, BE IT RESOLVED that the division of the above
described tracts "A" and "B" from the above described 33.55 acre tract is
hereby exempted from such definitions and said tract may be divided into
tracts "A" and "B", and 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 12th day of May , A.D. 1986.
ATTEST: GARFIELD COUNTY BOARD OF COMMISSIONERS
GARFIELD COUNTY, COLORADO
Clerk of the Board / ir 1arf (-'
Upon motion duly made and seconded the foregoing Resolution was
adopted by the following vote:
Larry Schmueser Aye
Robert Richardson Aye
Flaven J. Cerise Aye
STATE OF COLORADO )
)ss
County of Garfield )
I� , County Clerk and ex -officio
Clerk of the Board of County Commissioners in and for the Count and State
aforesaid do hereby certify that the annexed and foregoing Order is truly
copies 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
• •
GS8 NGE182
Legal Description - Lot A:
A tract of land situated in Lot.5 of Section 13, Township 7 South, Range 88 West of the 6th Prl
cipal Meridian, Garfield County, Colorado, and being more particularly described as fo lows:
Beginning at a point whence a brass cap found in place and properly marked for the Nor heast Cc
ner of said Section 13 bears N 18°14'19" E 1444.67 feet; thence South 745.83 feet to a point or
a fence as built and in place; thence S 88048141" W 787.51 feet on said fenceline to a fence cc
ner; thence S 88°48'41" W 24.33 feet to a point on the Easterly boundary line of Hawk idge Sut
division as recorded in the records of the Garfield County Clerk and Recorder; thence N 01°13'
12" W 380.35 feet along said Easterly boundary line to the Northeast Corner of said Hawk Ridge
Subdivision also being a point on the Southeasterly right-of-way line of County Road No. 103;
thence along_s—aid Southeasterly right-of-way line on the following courses: 9.03 feet along tr
arc of a 391140 foot radius non -tangent curve to the left, the chord of which bears N 82°52'33'
9.03 feet; thence 52.60 feet along the arc of a 761.89 foot radius curve to the left, the chorc
of which bear's N 53°33'016 E 52.59 feet; thence N 51°34'21" E 164.96 feet; thence 215.10 feet
along the arc of a 277.75 foot radius curve to the left, the chord of which bears N 29°23'11" E
209.77 feet; thence leaving said right-of-way line on a course bearing East for 262.52 feet;
thence N 07°31'03" E 100.00 feet; thence S 82°28'57" 'E 263.00 feet to the point of beginning,
containing 12.11 acres more or less.
Legal Description - Lot B:
A tract of land situated in the W'h of Lot 13, Section 18, Township 7 South, Range 87 West of t
6th Principal Meridian and also in Lot 5, Section 13, Township 7 South, Range 88 West of the 5
Principal Meridian and being more particularly described as follows:
Beginning at the Northwest Corner of said Lot 13 (also being the Northeast Corner of said Lot
whence a brass cap found in place and properly marked for the Northwest Corner of said Section
18 (also being the Northeast Corner of said Section 13) bears N 02°03'24" W 804.85 feet; thenc
N 88°46'49" E 294.15 feet along the Northerly boundary line of said Lot 13; thence S 01°13'15"
700.00 feet; thence S 22°51'19" W 660.85 feet to a point on a fence as built and in place; the
S 88°48'41" W 533.50 feet on said fenceline; thence North 745.83 feet; thence N 07°31'03" E
600.00 feet to a point on the Northerly boundary line of said Lot 5; thence S 86°10'03" E 403.
feet along said Northerly boundary line to the point of beginning, containing 21.44 acres more
less and subject to an access easement described hereon.
ALSO a tract of land situated in Lot 1 of Section 13, Township 7 South, Range 88 West of the 6 -
Principal Meridian lying northerly of and adjacent to the tract of landdescribed above and sou
erly of and adjacent to a fence as built and in place, said tract of land being described in t
records of the Garfield County, Colorado Clerk and Recorder as Reception No. 370144 in Book 68f
at Page 436, and containing 0.35 acres more or less.
Book ')98 Rccc d at 11 : 40 o'clock A • M., J LtI1U 81 1969
P.0,gc 508
Recon No211 24 5')
,.'l:OeEnn Recorder.
THIS DEED, Made this 8th
19 69 , between
day of January
JR.
DAVID L. SANDERS,/and FRANCES D. SANDERS
of the County of Garfield and State of
Colorado, of the first part, and
RECOItDER'S STAMP
J;; J
12;23
JOHN G. MACKIE and SUSAN G. MACKIE
• of the County of Garfield and State of Colorado, of the second part:
WITNESSETH, that the said partiesof the first part, for and in consideration of the sum of
Ten Dollars and other good and valuable considerations - --nmLwats,
to the said partieSof the first part in hand paid by the said parties of the second part, the receipt whereof is
hereby confessed and acknowledged, ha ve granted, bargained, sold and conveyed, and by these presents do
grant, bargain, sell, convey and confirm unto the said parties of the second part, their heirs and assigns forever, not
in tenancy in common but in joint tenancy, all the following described lot or parcel of land, situate, lying and
being in the County of Garfield and State of Colorado, to wit:
Wz of Lot 13, Sec. 18, T. 7 S., R. 87 W. of the 6th P.M. and
Lot 5, Sec. 13, T. 7 S., R. 88 W. of the 6th P,M., together
with any and all water and water rights and ditches and ditch
rights belonging to or used in connection with said real
property including but not exclusively, 200 shares in the
Needham Ditch in Water District No. 38.
Excepting and reserving, however, from the above described real
property, 2.04 acres more or less heretofore conveyed to
Lester L. Snethen and Opal J. Snethen, by Deed recorded as
Doc. No. 229323 in Book 365 at Page 121 of the Garfield County,
Colorado, records.
Also excepting and reserving the following described tract of
land: A tract of land in Lot 5, Section 13, Township 7 South,
Range 88 West of the 6th Principal Meridian, described as follows;
Beginning at the NE corner of said tract on the North line of •
said Lot 5, from which the NE corner of Section 13, Township 7
South, Range 88 West bears N. 29°02'22" E. 889.00 feet; thence
S. 07°31'03" W. 600.00 feet to the SE corner; thence N. 82°28'57"
W. 363.00 feet to the SW corner; thence N. 07°31'03" E. 576.79
feet to the NW corner; thence along the North line of Lot 5 S.
86°10'03" E. 363.87 feet to the point of beginning, containing
4.91 acres, more or less.
M
TOGETIIER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise
appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and
all the estate, right, title, interest, claim and demand whatsoever of tho said part ie Sof the first part, either in
law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances.
Exhibit Cl
No. 768. WARRANTY DEED—To Joint Tananta.—Drudford Publlab(na Co., 1824-48 Stout Stmt„ Daum, Colorado
•
Exhibit Cl
Book 398 Page 509
TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the
said parties of the second part, their heirs and assigns forever. And the said part)eS of the first part, for
t
them sei ves ��e}}L .s executors, and administrators, do
covenant, grant, bargain and e to
and with the said parties of the second part, their heirs and assigns, that at the time of the ensealing andagrdelivery
of these paisents, they are well seized of the premises above conveyed, as of good, sure, perfect, absolute
and indefeasible estate of inheritance in law, in fee simple, and ha Ve good right, full power and lawful authority
to grant, bargain, sell and convey the same in manner and form aforesaid, and that the same are free and clear from
all former and other grants, bargains, sales, liens, taxes, assessments and incumbrances of whatever kind or nature,
soever, except easements and rights-of-way of a public or private
.nature and the 1939 taxes payable in 1970 which second parties assume
and agree to pay,
and the above bargained premises in the quiet and peaceable possession of the said parties of the second part, their
heirs and assigns, against all and every person or persons lawfully claiming or to claim the whole or any part thereof,
the said part i e s of the first part shall and will WARRANT AND FOREVER DEFEND.
IN WITNESS WHEREOF, the said parties of the first part ha Ve hereunto set their hand S and
seal s the day and year first above written.
Signed, Sealed and Delivered in the Presence of
STATE OF COLORADO,
County of GARFIELD
„The -foregoing instrument was acknowledged before me this 8th
19 "% ;'bye.`: DAVID L. SANDERSJJ nd FRANCES D. SANDERS.
,,�'y commission .expires
.��I.\ � . , July 27 • 19 69. Witness my
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• If by,natural•person or persons bere Insert narne or names; 11 by persons actin` In representative or official capacity or aa attorney -In -fact,
then Insert name of person as executor, attorney -In -fact or other capacity or d�criptlon; ll by officer of corporation, then Insert name Of such
officer or officers, as the president or other officers of such corporation, naming It.
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[SEAL]
[SEAL]
day of January
hand and official seal.
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