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Home My WebLink About3.0 Resolution 95-055• 480723 B-947 P-60 07/18/95 01:31P PG 1 OF 3 REC DOC NOT MILDRED ALSDORF GARFIELD COUNTY CLERK AND RECORDER 0.00 STATE OF COLORADO ) )ss County of Garfield ) At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Commissioners' Meeting Room, Garfield County Courthouse, in Glenwood Springs on Monday , the 17th of July A.D. 19 95 , there were present: Marian I. Smith , Commissioner Chairman Arnold L. Rackley Commissioner Elmer (Buckey) Arbaney , Commissioner Don DeFord , County Attorney Mildred Alsdorf , Clerk of the Board Chuck Deschenes , County Administrator when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 95-055 A RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE GARFIELD COUNTY SUBDIVISION REGULATIONS FOR HAYDEN RADER. WHEREAS, HAYDEN RADER 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 81.46 acre tract as described in Book 384 at Page 286 as filed in the Offices of the Clerk and Recorder of Garfield County, Colorado, into two (2) tracts of approximately 17.28 and 64.18 acres each, with the exemption parcel (17.28 acres) more practically as follows: See Attached Legal Description (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, that there is a reasonable probability of 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 480723 B-947 P-61 07/18/95 01:31P PG 2 OF 3 NOW THEREFORE, BE IT RESOLVED that the division of the above described 6.566 acre parcel is hereby exempted from such definitions and may be conveyed in the form of lot "1 ",lot"2" and lot "3" as are 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 18th day of July , A.D. 19 95 . ATTEST: Cle of the Board vote: GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFIELD COUNTY, COLORADO Chaiiman Upon motion duly rt aiie, d seconded the foregoing Resolution was adopted by the following Marian I. Smith Arnold L. Mackley Aye Aye Elmer (Buckey) Arbaney Aye STATE OF COLORADO ) )ss County of Garfield ) 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 • • 480723 B-947 P-62 07/18/95 01:31P PG 3 OF 3 PARCEL 1 A parcel of land situated in the Southwest one-quarter of the Northeast one-quarter (SW1/4 NE1/4) and the Northwest one-quarter (NW1/4) of Section 12, and the Southwest one-quarter of the Southwest one-quarter (SW1/4 SW1/4) of Section 1, in Township 7 South, Range 96 West of the Sixth Principal Meridian, County of Garfield. State of Colorado, being more particularly described as follows: Beginning at a point on the West right-of-way line of County Road 215 as described in a deed recorded in Book 619 at Page 189 of the Garfield County records, whence a rebar at the Northwest corner of said Section 12 bears S81 '15'04"W. a distance of 876.65 feet and with all bearing cited herein being relative to an assumed bearing of S89 '55.14"E between rebar/caps marked "Scarrow 6 Walker" set for the C -W-1/16 and C-1/4 corners of said Section 12,; Thence along said right-of-way line. S48'19'06"E, a distance of 1595.20 feet; Thence along said right-of-way line, along the chord of a spiral curve, S49'39'47"E, a distance of 203.45 feet; Thence along said right-of-way line, 232.56 feet along the arc of a 1482.39 foot radius curve to the left, with a central angle of 08'59'19". and a chord bearing S56'48'44"E. a distance of 232.32 feet to the West line of Parchute Avenue; Thence along the West line of Parachute Avenue, S48'17'30"E, a distance of 816.55 feet; Thence departing said West line. S41'42'30"W. a distance of 500.00 feet; Thence 548'17'30"E, a distance of 330.00 feet; Thence S41'42'30"W to the center of Parachute Creek; Thence along the center of Parachute Creek Northerly and Westerly to the West line of the SE1/4 NW1/4 of said Section 12; Thence along said West line, 500'35'28"W to a rebar and cap marked "Scarrow 6 Walker; Thence N48'08'39"W, a distance of 462.13 feet; Thence N17'33'25"E, a distance of 142.86 feet to the North line of the SW1/4 NW1/4 of said Section 12, Thence N08'12'00"E to the center of Parachute Creek; Thence along the center of Parachute Creek. Northerly and Westerly to its intersection with the Easterly line of the Lindauer property; Thence along said Easterly line. N52 '57'27"E to a rebar and cap marked "Gingery Assoc."; Thence along said Easterly line. N10'31'19"W, a distance of 45.81 feet to a rebar and cap marked "Gingery Assoc.-: Thence along said Easterly line, N56 '35.5414. a distance of 58.34 feet to a rebar and cap marked "Gingery Assoc."; Thence along said Easterly line, N38'15'33"E, a distance of 422.79 feet to the Point of Beginning. Subject to and together with an eighty -foot wide access and utility easement as shown on the accompanying plat. PARCEL 2 All that part of the Southeast one-quarter of the Northwest one-quarter (SE1/4 NW1/4) lying South of the center of Parachute Creek in Section 12, Township 7 South. Range 96 West of the Sixth Principal Meridian, County of Garfield. State of Colorado. Subject to and together with an eighty -foot wide access and utility easement as shown on the accompanying plat. • TOWN OF PARACHUTE ADMINISTRATION ........................................................................ ................................................................ 222 Grand Valley Way Telephone: (970) 285-7630 Facsimile: (970) 285-9146 June 28, 1995 Mr. Hayden Rader P.O. Box 366 Glenwood Springs, CO 81602 P.O. Box 100 RE: Garfield County Subdivision Exemption Approval for "Parachute Park Boulevard" Dear Mr. Rader: Rf-YEW COUNTY Parachute, CO 81635-0100 Town Administrator David G. Rousseau I have had the opportunity to meet and discuss with the Parachute Board of Trustees, Grand Valley Fire Department's Fire Chief Gary Mahaffey and Garfield County Road & Bridge Senior Foreman Marvin Stephens about the proposed right-of-way of Parachute Park Boulevard. The Board of Trustees has not changed its position about the proposed right-of-way of Parachute Park Boulevard to be shown as an easement, and dedicated to the public with appropriate dedication language on the Final Exemption Plat. Fire Chief Gary Mahaffey has also expressed his desire to preserve the right-of-way of Parachute Park Boulevard to County Road 215. He wants to be assured that there will be adequate access for emergency vehicles through Parachute Park P.U.D. and your ±80 acres (former site of the Colony Staging area), in the event of future development. County Road Foreman Marvin Stephens did not see any problems with the proposed intersection of Parachute Park Boulevard and County Road 215. It appears to intersect at a straight portion of County Road 215, with no tall vegetation growth within the immediate area or curves that would hinder vehicular traffic entering and exiting. Mr. Stephens expressed that before the final exemption plat is signed, he would like a chance to review it for the proposed intersection drainage easement. He may be reached at 625-2751, Garfield County's Road & Bridge Shop in Rifle. Should you need any additional information, please do not hesitate to contact me. Sin rely, v-cc�ta�P�. David Rousseau cc: File Copy • EOXON COMPANY, U.S.A. POST OFFICE BOX 2567 • HOUSTON, TEXAS 77252-2567 LAND MANAGEMENT DEPARTMENT FEE LAND Mr. Mark Bean County Planner, Garfield County 109 8th Street Glenwood Springs, Colorado 81601 Dear Mr. Scan: July 25, 1995 Colony Project Lands Sales Tract No. 2 - 17.28 Acres Garfield County, Colorado • 'JUL .24:11 am writing in regards to the subdivision plat recently submitted by Mr. Hayden Rader affecting lands currently owned by Exxon and located in Secs. 1 & 12, T7S, R96W, Garfield County, Colorado. Several months ago, we entered into a contract of sale with Mr. Rader to sell him 17.28 acres out of an approximate 81 acre tract of land. Our intent was to sell Mr. Rader that portion of the property located south of Parachute Creek. As part of our trade, Mr. Rader was responsible for obtaining County/City approval for the subdivision of the larger tract. At no time, did we agree for him to take any action which might affect our remaining property. When we recently obtained a copy of the subdivision plat, we noted that an 80' wide access & utility easement was shown extending from the land to be sold northward across Exxon's property to County Road 215. This easement was never dedicated or conveyed by Exxon and we do not wish to encumber the property with such an easement. Therefore, we ask that you take necessary action to remove the easement from the plat submitted by Mr. Rader. Should you have any questions, please call me at (713) 423-4068. Sincerely, Stephen L. Honea SLH c - Mr. B. D. Patterson Ms. Mogli Fairbanks Vicki Lee Green Realtors A DIVISION OF EXXON CORPORATION RECYCLED