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HomeMy WebLinkAbout4.0 Resolution 82-257r- / r RCCA . J d ct �.1a o'c!o:i: CL__L M. {' 1 6 1QP2 Reception N MILDRED ALSDORF, Rt .RDER STATE OF COLORADO County of Garfield At a regular meeting of the 'Board o: County Commissioners for � Garfield County, Colorado, held at the Court House m Glenwood Springs on Ma da , the Lith day cf October A. D. 19 82 , there were present: •.33.aver- eri.ae , Commissioner Chairman ...Lar ..Velasquez Commissioner .T131L•.Dri II1Sh U.�F1 , Commissioner •.Ear1..8hndea , County Attorney M7.�TP. d .A18Clarf , Clerk of the Board when the following proceedings, among others were had and done, to -wit: RESOLUTION NO.82_257 A RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE GARFIELD COUNTY SUBDIVISION REGULATIONS FOR DONALD AND JANIS MCBEE. ��iirti (1'09 ncE46,77 WHEREAS, Donald and Janis McBee 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 33.5 acre tract described as followes: that parcel of land as described in Document No. 305978 as filed in the Office of the Clerk and Recorder of Garfield County, Colorado, into 2 tracts of approximately 16.87 and 16.62 acres each, more or less, which proposed divided tracts are more particularly described as follows: TRACT A: A tract of land in the W2 of the NE4 of Section 24, T.5.S., R.91 W. of the 6th Principal Meridian in Garfield County Colorado and being more particularly described as follows: Beginning at the P'.W. Corner of the NE14 of said Section 24, thence S.00°02'18"E. and along the West line of said NE4 of said Section 24, a distance of 1320.81 feet to the SW Corner of the NW4 of the said NE4 of Section 24; thence N.89° 01'38"E. and along the south line of the said NW1 of the NE4 of Section 24, a distance of 148.58 feet to c, point on the Westerly line of the property described in Book 427 at Page 332 in the Garfield County Recorder's Office; thence N.28°10'29"E. and along the Westerly line of the said property described in Book 472 at Page 332, and also following the Westerly line of the property described in Book 448 at Page 103 in the Garfield County Recorder's Office a distance of 246.61 feet; thence S.64°47'02"E. and along the Northerly line of the said property described in said Book 448 at Page 103 a distance of 265.01 feet to a point in the centerline of East Elk Creek; the following eight (8) courses are along the centerline of said East Elk Creek; N.20°33'43"W. 96.11 feet; N.44°12'55"E. 154.87 feet; N.28°07'53"E. 114.53 feet; N.35°19'25"E. 155.66 feet; N.17°59'14"W. 80.96 feet; N.29°58'54"W. 150.08 feet; N.29°44'42"E. 112.87 feet; N.52°52'21"E. 136.74 feet; thence leaving East Elk Creek N.84°03'34"W. and following the Southerly line of the property described in Book 458 at Page 587 in the Garfield County Recorder's Office, a distance of 268.13 feet; thence N.05°17'05"E. and along the Westerly line of the properties described in said Book 458 at Page 587 and in Book 494 at Page 666 a distance of 314.09 feet; thence N.32°31'52"W. and following the Southerly line of the property described in Book 510 at Page 877 a distance of 78.96 feet to a point on the North line of the NW: of the NE4 of said Section 24; thence S.88°53'46"W. and along the said North line of the NW4 of the NE4 of said Section 24 a distance of 508.78 feet more or less to the Point of Beginning. Containing 16.8766 acres more or less, together with a perpetual easement for ingress and egress from County Road 241 to Parcel A across the Southern end of parcel B which is contiguous to parcel A on the East. Said easement shall have its Southern boundary the Southern boundary of Parcel B, which is the Northern boundary of the parcel described in the deed recorded in Book 500, Page 627, Garfield County records, and shall have as its Northern boundary a line parallel to the Southern boundary so as to form an easement 30 feet wide. The use of the easement premises is not exclusive. It is shared with the owner of the parcel described in Book No. 448, Page 103, Garfield County records and with the owner of parcel B. All improvement and maintenance of the easement shall be at the expense limited to ingress and egress to Parcel A. No vehicles will be parked on the easement premises except so long as may be reasonably necessary to load and unload. Also, together with well permit number 125525 granted by the Colorado Division of Water Resources. • bnnx f309 P!3E'lG44 TRACT B: A tract of land in the W''2 of the NE1 of Section 24, T.S.S., R.91 W. of the 6th Principal Meridian in Garfield County, Colorado, composed of Parcels B and C separated by County Road No. 241. Commencing at the N.W. Corner of the NW1 of the NE1 of said Section 24; thence N.88°53'46"E. along the North line of the said NW4 of the NE1 of said Section 24, a distance of 508.78 feet; thence S.32°31'52"E. and along the Southerly line of the property described in Book 510 at Page 877 in the Garfield County Recorder's Office a distance of 78.96 feet; thence S.05°17'05"W. and along the Westerly line of the properties described in Book 494 at Page 666 and Book 458 at Page 587 in the said Garfield County Recorder's Office a distance of 314.09 feet; thence S. 84°03'34"E.and along the Southerly line of the property described in said Book 458 at Page 587 a distance of 268.13 feet to a point on the centerline of East Elk Creek; said point being the Point of Beginning of Parcel B; thence N.82°56'44"E. a distance of 129.33 feet to a point on the Westerly right-of-way line of County Road No. 241; the following seven (7) courses are along the said Westerly right-of-way line of County Road No. 241; S.24°00'27"W. a distance of 74.02 feet thence along a curve to the left having a central angle of 18°03'02" and a radius of 344.79 feet for an arc length of 108.62 feet, the chord of which bears S.14°58'56"W. 108.17 feet; thence S.05°57'25"W. a distance of 265.78 feet; thence along a curve to the right having a central angle of 19°03'16" and a radius of 702.16 feet for an arc length of 233.51 feet, the chord of whi'h bears 5.15°29'04"W. 232.44 feet; thence along a curve to the right having a central angle of 35°43'59" and a radius of 242.40 feet for an arc length of 151.18 feet, the chord of whcih bears S.42°52'41"W. 148.74 feet; thence along a curve to the left having a central angle of 18°17'39" and a radius of 443.32 feet for an arc length of 141.55 feet, the chord of which bears 5.51°35'45"W. 140.95 feet; thence leaving the Westerly right-of-way line of said County Road No. 241 N.67°47'Q2"W. a distance of 57.74'feet to a point on the center- line of said East Elk Creek; the following eight (8) courses follow the centerline of East Elk Creek; N.20°33'43"W. 96.11 feet; N. 44°12'55"E. 154.87 feet; N.28°07'53"E. 714.53 feet; N.35°19'25"E. 155.66 feet; N.17°59'14"W. 80.96 feet; N.29°58'54"W. 150.08 feet; N.29°44'42"E. 112.87 feet; N.52°52'21"E. 136.74 feet more or less to the Point of Beginning of Parcel B, containing 3.244 acres, more or less, together with a parcel situated - Beginning at a point on the East line of the SW1 of the NES of said Section 24 from which the Northeast Corner of said Section 24 bears N.39°57'18"E. a distance of 2025.38 feet; thence N.89°59'45"W. a distance of 812.86 feet to a point on the Easterly right-of-way line of County Road No. 241; the following seven (7) courses are along the said Easterly right-of-way line of said County Road No. 241; thence along a curve to the right having a central angle°of 11°10'55" and a radius of 521.77 for an arc length of 101.83 feet, the chord of which bears N.15°22'40"E. 101.67 feet; thence along a curve to the right having a central angle of 39°46'40" and a radius of 383.32 feet for an arc length of 266.12 feet, the chord of which bears N.40°51'20"E. 260.81 feet; thence along a curve to the left having a central angle of 35°43'59" and a radius of 302.40 feet for an arc length of 188.59 feet; the chord for which bears N.42°32'41"E. 185.55 feet; thence along a curve to the right having a central angle of 19°03'16" and a radius of 762.16 feet for an arc length of 253.47 feet, the chord for which bears N.15°29'04"E. 252.30 feet; thence N.05°57'25"E. a distance of 265.78 feet; thence along a curve to the right having a central angle of 18°03'02" and a radius of 284.79 feet for an arc length of 89.72 feet, the chord for which bears N.14°58'56"E. 89.35 feet; thence N.24°00'27"E. a distance of 110.16 feet; thence leaving the said Easterly right-of-way line N.82°56'44"E and along the Southerly line of the property described in Book No. 511 at Page 418 a distance of 323.94 feet to a point on the East line of the NW1 of the NE1 of. said -Section 24; thence S.00°13'50"E. and along the said East line of the NW4 of the NE1 of said Section 24 a distance of 1165.55 feet more or less to the Point of Beginning of the parcel. Containing 13.3827 acres more or less, together with a water right to .1 second -foot of water from East Elk Creek, and subject to a perpetual easement for ingress and egress from. County Road No. 241 to parcel A across the southern end of parcel B which is contiguous to parcel A on the east. Said easement shall have its Southern boundary the Souther boundary of Parcel B, which is the Northern boundary of the parcel described in the deed recorded in Book 500, Page 627, Garfield County records, and shall have as its Northern boundary a line parallel to the Southern boundary so as to form an eas.ment 30 feet wide. The use of the easement premises is not exclusive. It is shared with the owner of the parcel described in Book No. 448, Page 103, Garfield County r_cords anu with the owner of parcel B. All improvements and maintenance of the easement shall be at the expense of the grantees. The easement is subject to prior recorded easements • b,DP( 609 rAGE465 and rights of way. The use of the easement is limited to ingress and egress to Parcel A. No vehicles will be parked on the easement premises except so long as may be reasonably necessary to load and unload. (in the State of Colorado and 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 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 locating domestic water of 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; NOW, THEREFORE, BE IT RESOLVED that the division of the above described tracts "A" and "B" from the above described 33.5 acre tract is hereby exempted from such definitions and said tract may be divided into tracts "A" and "B" all as is more fully described above, and said divided tract may be conveyed in the form of such smaller tracts without further compliance with the aforesaid subdivision statutes and regulations; provided, however, that this exemption is granted on the condition and with the express understanding and agreement of the Petitioners that no further exemptions be allowed on said tract "A" and "B" and that a copy of the instrument or instruments of conveyance when recorded shall be filed with this Resolution. ATTEST: BOARD OF COUNTY COMMISSIONERS GARFIELD COUNTY COLORADO DF)?121(.k of the Board Ch irman Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: Aye Aye Aye Commissioners 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 Glenwoon Springs, this day of , A. D. 19 County Clerk and ex -officio Clerk of the Board of County Co.r..nissioners.