HomeMy WebLinkAbout3.0 Resolution 94-106RECORDED
SEP 0 9 1E94
g .' S 8' 0 • C L 0 O. /1 • M • R E C ii il~~?1f1-
Ml LORE D ALSDORF, GAR~IELO ~~ ~~ERK
STATE OF COLORADO )
)ss
County of Garfield )
800~0915 P~GI 299
At a regu Jar meeting of the Board of County Commissioners for Garfield County,
Colorado, held in the Commissioners' Meeting Room, Garfield County Courthouse, in Glenwood
Springs on Tuesday , the 6th of September A.D. 19---21_, 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_._H_ack_l_e_y _________ , Commissioner
__ H_a_r_i_a_n_I_._s_m_i_th __________ , Commissioner
Don DeFord , County Attorney
__ H_i_l_d_r_ed_A_l_s_d_or_f __________ , Clerk of the Board
__ C_h_u_c_k_D_e_s_c_h_e_ne_s __________ , County Administrator
when the following proceedings, among others were had and done, to-wit:
RESOLUTION NO. 94-106
A RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE
GARFIELD COUNTY SUBDIVISION REGULATIONS FOR RONALD AND MARGERY
MARTIN.
WHEREAS, RONALD AND MARGERY MARTIN 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 14.84 acre tract as described in Book 716 1 Pages 373-374 and Book 611,
Page 175, as filed in the Offices of the Clerk and Recorder o Garfield County, Colorado, into two
parcels of approximately 7.46 and 4.61 acres in siz.e, more or less, which proposed divided tracts are
more practically described as follows:
Parcel 1: See attached legal description for Parcel 1
Parcel 2: See attached legal description for Parcel 2
(in the State of Colorado and the County of Garfield); and
WHEREAS, the petitioners have created Parcels 2A, 3 and 4A for the purpose of merging said
parcels with adjoining parcels, subject to final resolution of the Interior Board of Land Appeals
Docket No. 91-22. Once final resolution is determined, the following legally described parcels will be
merged with the appropriate adjoining parcel and under no circumstances will said parcels be conveyed
as separate building parcels:
Parcel 2A: See attached legal description for Parcel 2A
Parcel 3 : See attached legal description for Parcel 3
Parcel 4A: See attached legal description for Parcel 4A
800~0915 t'~GI 300
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
(In the State of Colorado and the County of Garfield); and
WHEREAS, the Petitioners have dedicated said Parcel 4 to Garfield County as County Road
Right of Way for County Road 103. Said Parcel 4 is described as follows:
Parcel 4 -See attached legal description Parcel 4
(in the State of Colorado and County of Garfield); and
WHEREAS, the Petitioner 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 parcels 1 and 2, that there is adequate ingress and egress to said Parcels 1 and 2, 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;that there is a reasonable probability Jf
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 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
NOW THEREFORE, BE IT RESOLVED that the division of the above described parcels" l"
and "2" from the 14.84 acre tract is hereby exempted from such definitions and may be conveyed in
the form of such parcels" 1" and "2" 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 6th ,day of September
'',
, A.D. 19 94 .
. , ." .. : • ' (o' :; . , ,
ATTEST: I . • .' . ' . \ ' GARFIELD COUNTY BOARD OF
COMMISSIONERS, GARFIELD
COUNTY, COLORADO
vote:
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Upon motion duly made and seconded the foregoing Resolution was adopted by the following
Elmer (Buckey) Arbaney ~~~~~~~~~~~~~~~~~~~~~~~~~~~~_,Aye
Arnold L. Mackley ~~~~~~~~~~~~~~~~~~~~~~~~~~~~•Aye
Marian I. Smith A ~~~~~~~~~~~~~~~~~~~~~~~~~~~-• ye
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STATE OF COLORADO )
)ss
County of Garfield )
soo~0915 P~c1301
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
soo~0915 PAG; 302
PARCEL 1
A parcel of land situated in the W1/2 SW1/4 of Section 24, Township 7 South,
Range 88 West of the Sixth Principal Meridian, County of Garfield, State of
Colorado; said parcel of land lying South of County Road No. 103 as
constructed and in place; and said parcel being previously described in Book
344 Page 537, Book 837 Page 353, and now includes that parcel described in
Book 836 Page 749 of Garfield County Records, described as follows:
·Beginning at a point whence the witness corner for the Southwest corner of
Section 25, said Township 7 S. Range 88 W. 6 P.M., a stone found in place,
bears S 09·44'15" W 6268.84 ft.; thence N 00·53' 42" E 416.22 ft. to a
point on the Southern Right-of-Woy line of County Road 103; thence
S76'11'18" E· 169.14 ft. along the Southern ROW County Rd 103; thence along
a curve ta the left having a central angle of os·22'55" a distance of 89.90
ft. (chord bears S 50·22'47" E 89.82 ft.); thence ss4·34'16" E 292.67
ft. along the Southern ROW County Rd 103; thence soo·53'41" W 308.56 ft.
to an aluminum cap stamped "LS 3092"; thence S03"43'06"W 29.11 ft.;
thence N89.31'40"W 543.98 ft.; to the point of beginning, containing
4.61 acres, more or less.
TOGETHER WITH AND SUBJECT TO an right of way easement described as follows:
A strip of land being 15 ft. wide situated in the W1 /2 SW1/4 of Section 24,
Township 7 South, Range 88 West of the Sixth Principal Meridian, County of
Garfield, State of Colorado; being previously described in Book 836 Page
756A of Garfield County Records, lying 7.5 ft. on both sides of the following
described centerline:
Beginning at a point whence the witness corner for the Southwest corner of
Section 25, said Township 7 S. Range 88 W. 6 P.M., a stone found in place,
bears S 11·02'45" W 6668.28 ft.; said point lying on the Southern Right
of Woy line of County Rood 103; thence S 08'49'08" W 46.46 ft.; thence
along a curve to the right having a central angle of 55·43'55" a distance
of 122.03 ft. (chord bears S 41.41'02" W 115.45 ft.); thence s74·32'56"W
20.40 ft.; thence along a curve to the right having a central angle of
35·49'44" a distance of 101.65 ft. (chord bears N 86'02'11" W 99.72
ft.); thence N 55·37'15" W 13.08 ft.; thence along a curve to the left
having a central angle of 196'15' 40" a distance of 120.44 ft. (chord bears
S15·14'51 "W 69.62 ft..); thence S 52·53'02" E 169.17 ft.; thence along
a curve to the left having a central angle of 12'12°24" a distance of 79.80
ft. (chard bears S 88.5B'47" E 79.65 ft.); thence N84.55'08"E 10.61
ft.; thence along a curve to the right having a central angle of g9·57'37"
a distance of 62.85 ft. (chard bears S 50·05•59" W 56.59 ft.); thence
so5·07'27" E 111.17 ft.; thence S 89'31°09" E 246.17 ft. to the point
of terminus whence the witness corner to the Southwest corner of Section 25
bears s14·31'39"w 6385.74 ft. Pursuant to CRS 38-35-106.5 this description
was written by G.H. Pesmon, PE & LS, 825 Laurel Ave., Boulder, CO 80.303
cap yright 1994.
NOTES
800 ~0915 ?~c1303
PARCEL 2
A parcel of land situated in the W1/2 SW1/4 of Section 24, Township 7 South,
Range 88 West of the Sixth Principal Meridian, County of Garfield, Slate of
Colorado; said parcel of land bt:ing previously described in Book 716 Page
373, and now includes that parcel described in Boak 836 Page 749 of Garfield
County Records, described as follows:
Beginning at a point whence the witness corner for the Southwest corner of
Section 25, said Township 7 S. Range 88 W. 6 P.M .. a stone found in place,
bears S 09·44'15" W 6268.84 ft.; thence N 89'31'40" W 86.20 ft.;
thence S 02'41 '05" E 75.11 ft.; thence N 59·31 '09" W 6 75.15 ft.;
thence N02'54'57"E 217. 71 ft. to a point on the Southern Right-of-Woy
line of County Road 103; thence N 50'00'10" E '201.75 ft. along the
Southern ROW County Rd 103; thence along a curve to the right having o
central angle of 19·43'04" a distance of 135.27 ft. (chord bears
N59"51'41" E 134.60 ft.); thence N 59·43'11" E 156.80 ft. along the
Southern ROW County Rd 103; thence along a curve to the right having a
central angle of 07"33'03" a distance of 75.63 ft. (chord bears
N73"29'40" E 75.58 ft.); tt1ence N /7"16'16" E 78.41 ft. along the
Southern ROW County Rd 103; thence along a curve to the right having c
central angle of 26'32'32" u distance of 120.65 ft. (chord bears
S89'27'33"E 119.58 ft.); thence S 76'11'18" E 91.47 ft. along the
Southern ROW County Rd 103; thence S 00'53' 42" W 416. 22 ft. to the point
of beginning, containing 7.46 acres, more or less.
TOGETHER WITH ANO SUBJECT TO an right of way easement described as follows:
A strip of land being 15 ft. wide situated in the NW1/4 SW1/4 of Section 24,
Township 7 South, Range 88 West of the Sixth Principal Meridian, County of
Garfield, State of Colorado; being previously described in Book 836 Page
756A of Garfield County Records, lying 7.5 ft. on bo(h sides of the following
described centerline:
Beginning at a point v1hence the witness corner for the Southwest corner of
Section 25, said Township 7 S. Range 88 W. 6 P.M., a stone found in place,
bears S 11"02'45" W 6668. 28 ft.; said point lying on the Southern Right
of Way line of County Road 103; thence S 08"49'08" W 46.46 ft.; thence
along a curve to the right having a central angle of 65"43''.:i5" a distance
of 122. 03 ft. (chord bears S 41 '41'02" W 115. 45 ft.); thence S7 4 '32' 56 "W
20.40 ft.; thence along a curve to the right having a central angle of
35·49'44" a di.3tcmce of 101.65 ft. (chord bears N 86'02'11" W 9G.72
ft.); thence N 6E"37'15" W 13.08 ft.; thence along a curve to the left
having a central angle of 196"15'40" a distance of 120.44 ft. (chord bears
S 15'14'51" W 69.62 ft.); thence S 82"53'02" E 18.90 ft. to fhe East
line of the above described property.
TOGETHER WITH a power line easement being 6 ft. on both sides of the
following described line. Beginning ut a point on the East line of Parcel
1 as described, whence the witness corner for the Southwest corner of Sectior:
25, said Township 7 S. Range 88 W. 6 P.M .. a stone found in place, bears
S14"21'43" W 6475.86 ft.; thence Nf33"58'W 130.37 ft.; thence S82"48'W
195.52 fl.; thence N82"53'W 234.22 ft. lo the East line of Parcel 2.
PARCEL 2A Subject to IBLA Decision on location of Section and qrrnrter
corners.
Beginning at a point on the South righ"t of way line of County Road 103 being
6334.00 ft. N02'38'14"E from the witness corner for the Southwest corner
of Section 25, said Township 7 S. Range 88 W. 6 P.M., a stone found in place,
thence S50'00'10"W 115.20 ft.; thence S01"01'58"W 53.46 ft. to oh
aluminum cap stamped "LS 3092"; thence S01 '01'58"W 89.09 ft.· thence
S89'31'09"E 101.90 ft. lo the SW car. of Parcel 2 as described· 'thence
N02"54'57"W 217.71 ft. to the point of beginning; containing o.4o Acres
more or less. Pursuant to CRS 38-35-106.5 this description was written by
G.H. Pesmon, PE & LS, 825 Laurel Ave., Boulder, CO. 80303 copyright 1994
PARCEL 3
.6-porcel of land situated in the NW1/4 SW1/4 of Sl3dion 24, Township 7
South, Range 88 West of the Sixth Principal Meridian, County of Garfield,
State of Colorado; said parcel of land being part of land previously
described in Book 716 Page 373, more particularly described as follows:
Beginning at a point whence the witness corner for the Southwest corner of
Section 25, said Township 7 S. Range 88 W. 6 P.M .. a stone found in place,
bears S 09'06'49" W 6741.33 ft.; thence N 76'11'18" W 77.71 ft. along
the Northern Right-of-Way line of County Road 103; thence along a curve to
the left having a central angle of 26'32°31" a distance of 148.45 ft.
(chord bears N 89'27'31" W 147.12 ft.) alon~ the Northern Right-of-Way
line of County Roud i03; \henc~ S' 77'16'13' W 78.41 ft. along the
Northern Right-of-Way lir1e of Cou.'oty Road 103; thence olong a curve to the
left hoving a central ongle of 05'5.Y13" a distance of 65.13 ft. (chord
bears S74'19'36" W 65.10 ft.) along the Northern Right-of-Way line of
County Road 103; thence N 63'06'56" E 179.31 ft.; thence N05'59'30" E
144.69 ft.; thence N89'59'11" E 182.12 ft.; thence S00'53'41" W 192.96
ft. to the point of beginni11g, containing 0.80 acres, more or less. Pursuant
to CRS 38-35-106.5 this description was written by G.H. Pesman, PE & LS,
825 Laurel Ave., Boulder, CO 80303 copyright 1994
PARCEL 4 COUNTY ROAD RIGHT OF WAY
A parcel of land situated in lhe NWl/4 SW1/4 of Section 24, Township 7
South, Range 88 V/est of the Sixth Principal Meridian, County of Garfield,
State of Colorado; said parcel of land being part of land previously
described in Book 716 Page 373, and Book 344 Page 537, more particularly
described as follows:
Beginning at u point whence the witness corner for the Southwest corner of
Section 25, said Township 7 S. Range 88 W. 6 P.M., a stone found in place,
bears S 09'06'49" W 6741.33 ft.; thence N 76'11'18" W 77.71 ft. thence
along a curve to the left having a central angle of 26'32'31" a distance
of 148.45 ft. (chord bears N 89'27'31" W 147.12 ft.); thence S77'16'13"W
78.41 ft. thence along a curve to the left having a central angle of
5·53'13" a distance of 65.13 ft. (chord bears S74'19'36"W 65.10 ft.);
thence S69'06'56"W 208.69 ft.; thence S49'55'58"W 290.48 ft.; thence
502'54'57"E 52.71 ft.; thence N50'00'10" E 201.75 ft.; thence along a
curve to the right having a central angle of 19'43'04" a distance of 135.27
ft. (chord bears N 59•51'4·," E 134.60 ft.); thence N 69'43'11" E
156.80 ft.; thence along a curve to the right having a central angle of
07'33'03" a. distance of 75.63 ft. (chord bears N73'29'40" E 75.58 ft.);
thence N 77'16'16" E 78.41 ft.; thence along a curve to the right having
o central angle of 26'32'32" a distan(:e of 120.65 ft. (chord bears
S89'27'33" E 1'19.58 ft.); thence S 76'11'18" E 260.61 ft.; thence along
a curve to the left hoving a central angle of 08'22'56" a distance of 89.90
ft. (chord beors S 80'22'47" E 89.82 ft.); thence S84'34'16" E 292.67
f\.; thence NO'S3'41''E 22.95 ft.; thence N81'43'19"W 549.96 ft.; thence
N0'53'41"E 42.51 ft. to the point of beginning; containing 1.46 Acres more
or less.
PARCEL 4A Subject to IBLA Decision on location of Section and quarter
corners.
Beginning at a point on the South right of way line of County Road 103 being
6334.00 fl. N02'38'14"E from the witness corner for the Southwest corner
of Section 25, soid Township 7 S. Range 88 W. 6 P.M., a stone found in place;
thence N02'54'57"W 52.71 fl.; thence S49' 55'58"W 110.51 fl.; thence
S01'01'58"W 55.57 ft.; thence N50'00'10"E 115.20 ft.to the point of
beginning; containing 0.11 acres more or less .. Pursuant to CRS 38-35-106.5
this de~criptio11 was written by G.H. Pesman, PE & LS, 825 Laurel A've.,
Boulder, CO 80303 copyright 1994