The URL can be used to link to this page

Home My WebLink About3.0 Resolution 94-082• • R:CJRJEO �J'Y2 Jul LJCK,9 1. RIC T" 46603 JUL 20 1994MLLJR=;; ALS3C.: , STATE OF COLORADO ) )ss County of Garfield ) BOOK0909pm176 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 18thof July A.D. 19 94 , there were present: Elmer (Buckey) Arbaney , Commissioner Chairman Arnold L. Mackley , Commissioner Marian I. Smith , 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. 94-082 A RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE GARFIELD COUNTY SUBDIVISION REGULATIONS FOR DARREL AND LILLIAN REED. WHEREAS, DARREL AND LILLIAN REED 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 97.766 acre tract as described in the Offices of the Clerk and Recorder of Garfield County, Colorado, into two parcels of approximately 16.84 and 80.82 acres in size, more or less, with the exemption parcels more practically as follows: Lot 1 (see attached) Lot 2 (see attached) (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 • 800)(0 909 rer.i 177 NOW THEREFORE, BE IT RESOLVED that the division of the above described parcels 1 and 2 from the 97.66 acre tract is hereby exempted from such definitions and may be conveyed in the form of such parcels "Lot 1" and "Lot 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 18tPtiay of July A.D. 19 94 ATTEST: Cl rk of the Board vote: GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFIELD COUNTY, COLORADO Chairman Upon motion duly made and seconded the foregoing Resolution was adopted by the following Elmer (Buckey) Arbaney Arnold L. Mackley Marian I. Smith STATE OF COLORADO ) )ss County of Garfield ) , Aye , Aye , Aye 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 --- — T O THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN GARFIELD COUNTY, COLORADO A tract of land situate in Sections 26 and 35, Tp. 4, S., R. 91 W., 6th P. M., begng H. E. S. No. 53, more particularly described as follows, to -wit: Beginning at Corner No. 1 whence the SW corner of Section 2, Tp. 5, S. R. 91 W., 6th P. M., bears S. 19°9'17" W. 140.19 chains thence N. 1644' E. 26.19 chains to corner No. 2, thence N. 51°40' E. 6.50 chains to corner No. 3, thence N. 11°38' W. 29.37 chains to corner No. 4, thence N. 60°27' E. 17.07 chains to corner No. 5, thence U. S. L. M., H. E. S. No. 54 bears N. 8°10' E. 0.85 chains, thence S. 9°47' E. 22.50 chains to corner No. 6, thence S. 15°55' E. 17.29 chains to corner No. 7, thence S. 78°39' W. 16.87 chains to corner No. 8, thence S. 1°48' E. 27.96 chains to corner No. 9, thence N. 75°23' W. 1.95 chains to Corner No. 1 the place of beginning, containing 88.63 acres, more or less. Also a tract of land situate in Sections 35 and 36, Tp, 4, S., R. 91 W., 6th P. M., and more fully described as follows, to -wit: Beginning at corner No. 1 whence the SW corner of Section 2, Tp. 5, S., R. 91 W., 6th P. M., bears S. 43°19'20" West 109.89 chains, thence N:. 3° W. 20 chains to corner No. 2, thence N. 32° W. 8.50 chains to corner No.,3, thence N. 17030' W. 13 chains to corner No. 4, thence N. 2° E. 6.8 chains to corner No. 4A, thence N. 78°39' E. 18.8 chains more or les;"' to corner No. 7A, thence S. 15°54' E. 52.04 chains to corner No. 8, therc,.2 N. 89°50' W. 23.50 chains to the point of beginning, containing 101.19 �„.. acres, more or less. Also, Lot 4, Section 1,Tp.S. R. ..:r 5, 91 W., 6th P. M., and a trach- ..` of land situate in Lot 1 Section 2, Tp. 5, S., R. 91 W., 6th P. M.," and more particularly described as follows, to -wit: , Beginning at the NW corner of said Lot 1, thence S. along the West ra_ ,- boundary of said Lot 1, 830 feet, thence easterly 450 feet more or less,R' ,-- to the East bank of Main Elk Creek, thence S. along the East bank of_�aai Creek to the South boundary line of said Lot 1, thence East to the K.,. SES corner of said Lot 1, thence North to the NE corner of said Lot 1, '';s,r hence West to the NW corner of said Lot 1, to the point of beginning.} `= ..,�,..,{j` Also a rectangular tract of land situate in the SE NE1 of Section 2, °c7p. 5, S., R. 91 W., 6th P. M., and more particularly described as ollows, to -wit: ��... 1475WQW Beginning at the point of intersection of the East bank of Main Elk ;?: ' Creek 'with .the North boundary line of said SE*NEIT in Section 2, thence South along. the East bank of Main Elk Creek to the North side of Shafto F. *tr private bridge. where it crosses Main Elk Creek, thence East to the East boundary line -of said Section 2, thence North to the NE corner of said SE,NE4 and thence West to the place of beginning. Together with any and all ditch and water rights belonging to, used : lon or in connection with the above described lands, including, but exclusive, all the right, title and interest to and to the Clinetop h and in and to the Clinetop Ditch No. 1. PROPERTY IFIPTI0N 'A PARCEL OF LAND SITUATED IN LOT 1, SECTION 2, TOWNSHIP 5 SOUTH, RANGE 88 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO; SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 2, A BLM ALUMINUM CAP IN PLACE; THENCE S 89'26'42" W ALONG THE NORTHERLY LINE OF SAID SECTION 2 353.67 FEET TO A POINT ON THE (WESTERLY RIGHT-OF-WAY OF COUNTY ROAD NO. 243 (DETERMINED BY 30' OFFSET FROM EXISTING COUNTY ROAD), THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID NORTHERLY LINE S 00'20'41" W ALONG SAID WESTERLY RIGHT-OF- WAY 149.17 FEET; THENCE CONTINUING ALONG SAID WESTERLY RIGHT-OF-WAY ALONG TIIE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 1209.80 FEET AND A CENTRAL ANGLE OF 24'00'33", A DISTANCE OF 506.95 FEET (CHORD BEARS S 12'20'57" W 503.25 FEET); THENCE CONTINUING ALONG SAID WESTERLY RIGHT-OF-WAY S 24'21'14" W 209.41 FEET; THENCE LEAVING SAID WESTERLY RIGHT-OF-WAY S 89'24'58" W 741.37 FEET TO A POINT ON THE WESTERLY LINE OF SAID LOT 1, A BLM ALUMINUM CAP IN PLACE; THENCE N 00'35'02" W ALONG THE WESTERLY LINE OF SAID LOT 1 830.00 FEET TO THE NORTHWEST CORNER OF SAID LOT 1, A BLM ALUMINUM CAP IN PLACE; THENCE N 89'26'42" E ALONG THE NORTHERLY LINE OF, SAID SECTION 2 944.72 FEET TO THE TRUE POINT OF BEGINNING; SAID ': PARCEL CONTAINING 16.840 ACRES, MORE OR LESS. '"� Bnox0909'm.179