HomeMy WebLinkAbout4.0 Resolution 86-85AUt. X3.5 1996
R ,rordad t G" ..._ .d'ciock •
STRTE OF COLORADO) a icon No.�,.. ' t7rolLoiiriD ALSDORFR,RECORRi3E1
)ss GARFWFLD COUNTY, COLORADO
BOOK 692 P*GE63
.County'of Garfield )
At
a regular meeting .pf the.. Board .of County
Commissioners for Garfield County, Colorado, held'at the Commissioners'
Meeting Room, Garfield County Courthouse in Glenwood Springs
on Monday , the 4th day o f . August A.D. 1986 ./there -were:
present:
Larry Schmueser
Robert Richardson
.Flaven "J_ Cerise
Jim Leuthauser
Mildred Alsdorf
County Administrator
. Chuck Deschenes,
• ,
. r
1
Commissioner Chairman..
Commissioner
Commissioner
County Attorney "(Assistant)
Clerk of the Board
hdmingintRabimexAelaiatelakx
when the following proceedings,.among others were had and done.,.. to=wit:
RESOLUTION NO.86-85
A RESOLUTION CONCERNED WITH GRANTING AN. EXEMPTION FROM .THE.GARFIELD COUNTY`...
SUBDIVISION REGULATION FOR.BOB AND CYNTHIA SCARRO.W.
WHEREAS, ,Bob and Cynthia Scarrow 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.RS.
1973, 30-28-101 (10). (a) -.(d), as amended, and the Subdivision Regulations
of Garfield County., Colorado, adopted April 23, 19.84 Section 8:00 through
8:60 and for the -division of:a 218 acre tract described i.n Book 430, Pages .
414, as filed in the Office of the Clerk -and Recorder of Garfield County.,
Colorado into four tracts of approximately 3.01, 9.34, 2.15, and 203.1,
acres, more or less, which proposed divided tracts .are more practically
described as follows:
TRACT A: See attached legal description for Parcel A.
TRACT B: See attached legal description for Parcel B.
TRACT C: See attached legal description for Parcel C.
TRACT D:
That property described in Reception #253680, recorded in.
Book 430, Page 414, less that.. property described. in Tracts
B, and C.
'(in the State of Colorado and 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, that there is
a'reasonable probability of locating. domestic 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, andshould, therefore, be. exempted from the definition of the
terms "subdivision" and subdivided land -1' as forth in C.R.S. 1973,
30-28•-101 (10) (a) -(d)., as amended
vlok (g)2 weal
NOW THEREFORE, BE IT RESOLVED that the division of the above..described.
tracts "A", "B", "C" and "D", from the above described 218 acre tract is
hereby exempted from such definitions and saidtract may be divided into
parcels, "A" "B", "C", and "D" all as is more fully described above,
however, this exemption is.gr.anted: on the condition that no further
division by exemptions• from definition willbe allowed on said tracts "A",
"C", and "D" and_that:a copy of the instrument or instruments of
conveyance when recorded shall be filed with this Resolution.
Dated this 4th day of
ATTEST
August A.D. 1986.
C1='rk .of the Board
THE BOARD ;OF'COUNTY :COMMISSICNERS:.
OF GARFIELD.COUNTY,. COLORADO
Upon motion .duly made and seconded the. foregoing Resolution was.
adopted by the following vote:
Larry Schthueser
Robert Richardson
Flaven J. Cerise:
S.TATE:OF COLORADO
Aye
Aye
Aye
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 Resolution 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 Glenwood Springs, this day. of , A.D.
19
Parcel A
A parcel of land situated'in the NE3t Section 28,. Township 6 South, Range 89.
West of the Sixth Principal Meridian, County of Garfield, State of Colorado;
said parcel being more particularly described as follows:
Ce mencing at the Northeast corner of said Section 28;•thenceN4005'23"W.
along the northerly line of :aid Section 18, 2257.11 feet to th 'lite Point of
Beginning; thence leaving said Section line, S.20°32'`59"E. 386.41 ,deet; thence
S.54°00.'00"W. 196,.73 feet to a point on the northerly right-of-y.af a 5040
foot. easement (Reception No. 264393); thence along the arc of a curve to the
left having a radius of 70.71 feet and a central angle of24°05'08'!',: a; distance
of 29.73 feet .(chord bears S.58°08'34"W..29.51 feet);..thence conti:iuing along
said right -of -Way along the arc of a curve to the right havin4 a r0dius of
43.99 feet and a central angle of 32°20'00", a distance of 24.83 feet (chord
bears S. -62°16'00"W. 24.50'feet); thence leaving saidright--of-sway N•::26°41'56
576.93 feet to a point on the northerly line of said Section 28 (whence the
North Quarter Corner of said Section 28 bears N.88°05'23"W. 22.;81 feet);.thence
S..88°05'23"E: along' said northerly line 329:67 feet` to the True Point of
Beginning; said parcel containing 3.01 acres, more or less.
BOOK 692 PAGE635
Together with .a20.00 foot access and utility easement` being` 10.00 feet to each:.
side of theefollgwing described centerline; •
*Commencing at the Northeast corner of said.Section 28; thence S.80°22'05"W.
2375.56 feet to a point on the westerly line o4 the above, described parcel,. the
True Point of Beginning; thence 5:45°49'20"W. 10.93 feet; thence 5.73°5334'W.
38.55 feet; thence S.58°41'34"W. 68.18 feet; thence S.33°26'.46"W, .11.42 feet to
a point on the northerly right-of-way of a 50.00 foot access eastnent described.
in Reception No. 264393, the Terminus.
Together with and subject.to a 15.00 foot utility, easement being 7,50 feet to
each side of the following described centerline;:
Commencing at the Northeast corner of said Section 28; thence S.82°18,'08"W.
2139.50 feet }o the Southeast corner of Parcel A;' the. True Point•of Beginning;
.thence .5:54°00'00"W. along the southerly line of said ParcelA, 157.24 feet;
thence leaving said southerly line, S.14°33'50"E. 50.62 feet to a point on the.
centerline of a 50.00 foot access easement described in Reception No. 264393;
thence along said centerline along the arc of a curve to the right haying :a
radius of 45.71: feet and.acentral angle of 79°23'22, a distance of 63.34 feet
:(chord bears 3.23°21'44"E: F8.39 feet); thence continuing along said centerline
S.16°20'00"W. 15.98 feet; thence continuing along said centerline along the arc
of a curve to the right havinga radius of 233.77 feet and a central angle of
24°59'00'', a distance of .101.93 feet (chord bears S.28°49'30".W. 10.1.13'feet),.
the the Terminus.
Excepting a 20.00 foot access, and utility easement being 10.00 feet to each
side of the following described centerline;
Commencing at the Northeast corner of said Section 28; thence 3.80°22'05"W.
2375.56 feet to a point on the westerly line of the above described parcel, the
True Point of Beginning; thence N.45°49'20"E. 29:35feet; thence N.18°05136"E.
42.32 feet; thence N.12°01'04"W. 69.55 feet; thence N,03°02'32"E. 110.28 feet;
thence N.74°24'26"E. 139.42 feet to a point on the easterly line of the above
described parcel, the Terminus.
Excepting a` 20.00 foot creek easement being 10.00 feet. to each side of the
following described: centerline;.
commencing at the Northeast corner of seid Section 28; thence N.88°05'23"W.
2347.86 feet to a point on the northe:ly line of the above described property,
the True Point of Beginning; thence 5.22°00'00"E. along said creek centerline`
157.54 feet; thence S.23°46'28"E. alozig said creek centerline 269.29 feet;
thence 5.26°56'59"E, along said creek centerline 12.31 feet to a point on the
southerly line of the above described parcel, the Terminus.
Excepting a well easement situated in the above described parcel being more
particularly described as .follows;
Corrnenc1ng at the Northeast corner of said Section 2?, thence S,86°23'21"W.
2311.44 feet to a point on the northerly right-of-way of. a 15.0C foot access
easement, the True Point of.Beginning; thence N.15°35'34"W. 70.00 feet; thence
S.74°24'26"W. 20.0J feet; thence S,15°35'34"E. 70.00 feet: thence N.74'24'26"E.
20.00 feet to the True Point of Beciinnir ; said parcel containing 0.03 acres,
sore or less (1400 square feet, more or lees).
BOOK 692:PAGE636.....
• Parcel B
A:parcel of land situated in the NES Section 28, Township 6 South,:Range 89
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 28; thence N:88.°05'23"W.
along the northerly line of said Section 28, 1304.79 feet to_.the Fast 171.6
corner beten Section 28 and Section 21., the True Point of Beginninrx; thence
5.00°12'46''W, along the easterly line of the W34'NE4 of,said Section 28,`62942
feet to a point on the northerly line of Reception No. 258102; thence:
N..69°42'31"W. along said northerly line; 224.22 feet;- thence continuing along
said northerly line, N.64°27'31"W. 68.80 feet thence continuing along said
northerly line, N;69°54'31"W. 111..86 feet to. the Northwest corner of said
Reception. No. 258102, also being the Northeast corner of -Reception. No: 268840;
thence N.75°49'31"W. along the northerly line of said Reception No. 268840;
88.85:feet; thence continuing along,said northerly line N.65°333.1"W. 113.76
feet to the Northwest corner of.said Reception Nu. 268840; thence N.71.°07'03"W.
260.70 feet; thence N.20°32' -59'W. 386,41' feet to a point on thee.'northeriy line
of said Section 28; thence:S.88°05'23"E. along said northerly line, 952.32 feet
to the. True Point of Beginning; said parcel containing 9.74 acres, more. or:
less.
Together with a 20:00 foot access and utility easement being 10.00_feet `to each
side of the following described: centerline;
'Commencing at the Northeast corner of said Section 28; thence3.79°21'21"W.
2494:,40 feet to a point on the northerly right-of-way of a 50:00 foot access
easement described in Reception No. 264393, the True point of Beginning;. thence
N.33°26'46"E. 11.42 feet; thence N.58°41'34"E. 66.18 feet; thence N. -73°53'34"E.
38.55 feet thence N.4.5°49'20"E. 40:28 feet thence N. -18°05'36"E. 42.32 feet
thence N.12°01'04"W. 69.55 feet; thence N.03"02'32"E: 110.28 feet; thence
N.74°24'26"E. 139.42 feet to a'point on the westerly line cf the above
described parcel, the Terminus'.
Together with a 15.00 foot utility easement being 7.50 feet to each side of the
following described centerline,
Commencing at the Northeast corner of said Section 28; thence S.82°18'08"W.
2139.50 feat to the Southeast corner of Parcel A, the True Point of.Beginning;
thence S.54.°00'00"W. along the southerly line of said Parcel A,•157124 feet;
thence leaving said southerly line S:14°33 -'50"E. 50:62 feet to a point on the
centerline of a 50,00foot access easement described in Reception No, 264393; -
thence along said centerline along the arc of a curve to the right. having a
radius of:45.71 feet and.a central angle of 79°23'22"-, a distance of 63.34 feet•
(chord bears 5.23°2144"E: 58.39 feet); thence Continuing` along said centerline
S.16°20'00"W. 15.98 feet; thence continuing along said centerline along the arc
of a cure to the right having a radius of 233.77 feet and a central angle of
24'59'00", a distance of.101:..93 feet (chord bears S.28°49'30"W. 101..13 feet) to
the Terminus.
Boor 692 nacE 3'
Parcel C
A parcel of land 'situated in the NE% Section 28, Township 6 South, are 89
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 28; thence S.79°32'46"W.
2365:11 feet to a point on the northerly right-of-way of a 50.00 foot easement
(Reception No. 264393), the True Point of Beginning; thence along said right -of-
way along the arc of a curve to the left having a radius of 43.99 feet and a
central angle of 32°20'00", a distance of 24:83 feet (chord bears N.62°16'00"E.
24.50 feet); thence continuing along said right -of -Way along the arc of a'curve
to the right having a radius of 70:71 feet and a central angle of 2.4°0508", a
distance of 29.73 feet (chord bears N.58°08'34"E. 29.51 feet); thence leaving
said right-of-way N.54°00'00"E. 196.73 feet; thence S.7i°07'03"E. .260.70 feet;
thence 5.11°02'58"W. 197.41 feet; thence N.89°40'00"W.-70.00 feet; thence
N.81°27'59"W. 29.66 feet; thence N.81°27'59"W. 76.16 feet; thence 5.83°32'45"W.
33.09 feet; thence S.76°57'00"W. 102:98 feet; thence N.12°20'00"W. 13.61 feet;
thence 5.76°37'00"W. 37.60 feet; thence S.66°53'49"W. 45.41 feet; thence North
90.73 feet; thence N.38°11'15"W.- 25:27 feet to a point on the southerly right-
of -way of a 50.00 foot easement (Reception No." 264393); thence N.11°34'00"W.-
50.00 feet to the True Point of Beginning; said parcel contains 2.15 acre, more
or less.
Together with and subject to a 15.00 foot utility easement being 7.50, feet to
each side of the following described centerline;
Commencing at the Northeast corner of said Section 28; thence S.82°12'08"W.
2139.50 feet to the Southeast corner of Parcel A, the True Point of Beginning;
thence S.54°00'00"W. along the southerly line of said Parte?. A, 157.24 feet;
thence leaving said southerly line, S.14°33'50"E.'50.62 feet to a point on the
centerline of a 50.00 foot access easement described in Reception No. 264393;
thence along said centerline along the arc of a curve to the right having a
radius of 45.71 feet and a central angle of 79°23'22", a distance of 63.34 feet
(chord bears S.23°2.1'44"E. 58.39 feet); thence continuing -along said
centerline, S.16°20'00"W. 15.98 feet; thence continuing along said centerline
along the arc of a curve to the right having a radius of 233.77 feet and a
central angle of 24°59'00", a distance of 101.93 feet (chord bears
3.26°49'30"W. 101 .13 feet) to the Terminus.
Excepting a 20.00 foot creek easement being 10.00 feet to each side of the.
following described centerline.;
Commencing at the Northeast corner of said Section 28;. thence,S.81°29'23"W.
2197.59 feet to a point on the northerly line of said Parcel C, the True Point
of Beginning; thence S.26°56'59"E. along the centerline of said creek, 160.53
feet- thence S.01°16'09"Tr7. along the centerline of said creek, 82.13 fet to a
pint on the southerly line of. Parcel C, the Terminus.
Subject to road easements as recorded in Reception No. 264393.