HomeMy WebLinkAbout2.0 Resolution 80-269STATE OF COLORADO
County of Garfield l"
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rrhen the following proceedings, among others were had and done, to-wit:
RESOLUTION NO. 80-259
RESOLL]'IION CONCERNED I^IITII GMNTING AN EXM{PTION FRO1Y T}IE GARIIELD
COI]NTY S1IBDTVISION REGULATIOI{S FOR II^IO RIVERS INVEST}IENT COMPAM
I,ilHEREAS, Two Rivers Investment Company has petitioned the Board of
County Corrnissioners of Garfield County, Colorado, for an exemption from the
definition of the terms tfsubdivision" and "subdi-vided land" under C.R'.S. L973,
30-28-10f (10) (a) - (d), as amended, and the Subdivision Regulations of
Garfield County, Colorado, adopted January 2, Lg7g, Sections 2.02.21 (d) and
3.02.01 for the division of a 140 acre tract described as follows:
In doctrnerrt t126L725 i.n book 455 page 1+21 filed in the office of
Clerk and Recorder of Garfield County Coloiado.
into 4 tracts ef approximately 10, 3, 2, and 125 acres each, more
or less which proposed divided tracts are more particularly des-
cribed as follows:
TMCT A: A parcel of l-and situated in Section 14, Township 3 South,
Range 87 West of the 6th Principal Meridian according to the Depen-
deni Resurvey of portions of said township and range as accepted by
the Departneni of t-he Interlor, General Land Office in Washington'
D.C. on Augus t 2L, 1933. Said parcel being more sPecifieally
described as follows:
Beginning at a point on the southerly borrndary of said parcel whence
the southwest corner of Section 14, Township 3 South, Range 87 west
of the 6th Principal Meridian bears south 77"34'52" West. 2548.85
feet, thence Uortir 86"46t01" West. 333.46 feet, thence North 06"20104"
East. 639.35 feet, thence South 87"58'49" East. 806.61 feet, thence
South 28"4Lr12" l,les t 827.69 feet, thence North 50"56'34" West gL.Az
feet, thence North 60"27'17rr West. 87.05 feet to the point of begin-
ni.ng. Said parcel eontains 10.074 acres, more or less'
DITCH EASBIENT
Reserving an easement of 15 feet in width being 7.5 feet on each si-de
of the following described centerh.ne for the purpose of maintaining
a ditch.
Beginning at a point on the Southerly boundary of Parcel ttAtt, whence
the Southwest corner of Section 14, Township 3 South, Range 87 West
of the 6th P.M. bears South 77'34152" I,Iest. 2548.86 feet, thence
North 86'46101" West 18.19 feet, thence from the point of beginning
agatn, South 60"27'17" East. 87.05 feet, thence South 50'56'34" East.
91.02 feet, tnore'or less to the end of said easeloent.
TRACT B: A parcel of land situated in Section 14, Townshlp 3 South,
Range 87 West of the 6til P.M., according to the Dependent Resurvey of
a portion of saiC township and range as accepted by the Department of
the Interior, General Land Office in Llashington, D.C. on August 21,
1933. Said parcel being more specifically described as follows:
Beeinning at a point on the southerly boundary of said Parcel- "A",
whence the southwest corner of Sectlon 14, Township 3 South, Range
87 West of the 6th P.ll. bears South 77"34'52" West,. 2548.86 feet, thence
South 69'Olr23" tr,Iest. f34.53 feet, Ehence South 6l-"10'50" trIest. 95.97
feet, thence South 48'59r03" West. 162.98 feet, thence South 62"22'53"
west. 110.65 feet, thence south 47"34t4l" triest. 89.02 feet, thence N
63"Llt33" West. 123.93 feet., thence North 01o17rl-3tr East. 268.30 feet,
thence North 88"24t34t0 East. 268.23 feeL, thenc€ South 86"46101r' East.
333.46 feer to the point of beginning. Said parcel contains 2.433
acres, more or less
K(J/\I, AI!U UI J.UTT I,r\D JI'IJ:r\ I
Reserving an easement for access and ditch maintenance, bei-ng 7.5 feet
in width on the southeasterly side and 22.5 feet in width on the North-
westerly side of the following described centerline:
Beginning at a point on the southerly boundary of Parcel "A", whence
the southv/est corner of Secti-on 14 bears South 77'34'52" West 2548.86
feet, thence South 69"01t23" West. f34.63 feet, thence South 61"10r50"
Wesi. 95.97 feet, Ehence South 48'59r03" West. L62.98 feet, thence South
62"22t53" West. 110.65 feet, thence SouUh 47"34'41" West. 89.02 feet
to the end of said easement.
.,TMCT C: A parcel of land situated in Section 14, Township 3 South,
Range 87 l^Iest of the 6th P.M. according to the Dependent Resurvey of
poriiotts of said township and range as accepted by the Department of
the Interior, General Land Office in l.Iashington D.C. on August 21, 1933
Said parcel bing urore sPecifically described as follows:
Beginning at a point on the Southerly boundary of Parcel "A", whence the
Southwest corner of Section 1lr, To',rnship 3 South, Range 87 West of the
6th Ir.M. bears South 77"34'52r'Inlest. 2548.86 feet, thence South 60"27'Ll"
East. 87.05 feet, thence South 50'56t34" East 9L.02 feet, Ehence South
28"41f 12'f West 368.00 feet, thence South 53o17'11" I^lesL, L24.04 feet,
thence North 63'18'06" I.Iest. 4L0.62 feet, thence North 47"34'41" East
89.02 feet, thence North 62"22'53" East. 110.65 feet, thence }Iorth
48'59r03" East. 162.98 feet, thence North 61o10r50" East. 95.97 feet,
thence North 69"01'23" East. L34.63 feet to the place of beginning- Said
parcel contains 3.807 acres' more or less-
DITCE AND ROAD EASM,IENT
Reserving an easeuent 30 feet in width for the purpose of access and
uaintenance of a road and ditch also being 7.5 feet in width on the
Southeasterly side arrd 22.5 feet in width on the Northwesterly side of
the following described centerline:
Beginning at a point on the Southerly boundary of Parcel "Att, whence
the Southwest corner of Section 14, Toumship 3 South, Range 87 West
of the 6th P.M. bears South 77"34152r' West. 2548.86 feet, thence South
69"O1t23" West. L34.63 feet, thence South 61"10r50" West.95.97 feeX,
thence South 48o59t03" West. 162.98 feet, thence South 62"22'53" West.
110.65 feet, thence South 47"34141" West 89.02 feet to the end of sai"d
ersement.
DITCII EASB,IENI
Reserving an easement for the purpose of maintaining a ditch. Said
easement is 15 feet in width, being 7.5 feet on each side of the fol1-
owing described centerline:
Begiruring at a point on the Southerly boundary of Parcel ttAt', whence the
Southwest corner of Section 14, Township 3 South, Range 87 West of the
6th ?.M. bears South 77"34'52'r West. 2548.86 feet, thence }Iorth 86"46'01"
West 18.19 feet, thence from the point of beginning again South 60o
27'.L7" EasE, 87.05 feet, thence South 50"56'34" East. 92.39 feet moi.l
or less to the end of said easement.
Easement for access to ?arcels ttAtt, ttB", and ttCtt
An easement located in the Southwest \.S,ttt.,estk of Section 14, Township
3 South Range 87 West of the 6th P rr- according to the Dependent Resurvey
i.f portions of said township an.i {.arrge as accepted by the Department of the
Interior, General Land Office in I,Iashington D.C. on August 21, 1933. Said
easeuent bei',g more s;. cif:cally described as follows:
Beglnning at: t;:e Tolnt of intersection of said easement with the centerline
of the e::isting County Road',vhence the Southwest corner of Section 14,
1q&{:irip 3 South, Range 87 West of the 6th P.M., being a properly narked
irrd set brass cap bears South 62o4L112" I'Iest 439.88 feet, thence along the
centerline of said easement being 20 feet on each side of the following
' described cent.erline, North 50"00122't East 118.93 feet, thence 86.04
: feet along a curve to the right having a raditrs of 73.L9 feet, central
angle of 67"2L'04", and a chord bearing of North 83'40'54" East a dis-
tance of 81.17 feet, Ehenc'e South 62"38'34" East 36.31 feet, thence
. 1L2,60 feet along a curve to ttre left having a radius of North 77"05'02"
]iast a distance of -i03.55 feer, tlrc,nce 36'43r 36r' iii)st 141.54 f eet, Lir€nCE
ilO.68 fu,et ;rl.-,ng o ( ut-ve to tlr,, r i,.,itt ir.ivirtg a r';:.: iirs of 6f..50 i-t:tlt,
central angle of 69030!281' and chord bearir-rg of North 7I"33'52" East
a distance of 75.82 feet, thence South 73"40'54" East 173.80 feet,
thence 59.13 feet along a curve to the left having a radius of 141.63
feet, central angle of 23"55'06 and a chord bearing of South 85"38'27"
East a distance of 58.70 feet, thence North 82"24'00" East 103.38 feet,
thence 58.82 feet along a curve to the left with a radius of 36.09 feet,
central angle of 93"23734", and a chord bearing of North 35"42'13" East
a distance of 52.52 f eet, thence North 10'59r13'r l.lest 40.20 f eet, thence
50.96 feet a1-ong a curve to the right having a radius of.32.34 feet,
central- angle of 90"16'34" and a chord bearing of North 134"08'43" East
a distance of 45.85 feet, thence North 79"L7r00" East 12.79 feet,
thence 57.63 feet along a curve to the right hav-ing a radius of 47.32
feet, central angle of 69"47'00" and a chord bearing of South
30'56t00" East 50.68 feet, thence 76.32 feet along a curve to the left
having a radius of 42.14 feet, central angle of 103"46t00" and a chord
bearing of South 82"49'00" East a distance of 66.31 feet, thence North
45o18'00" East 36.65 feet, thencer 41.01 feet along a curve to the left
having a radius of 77.18 feet, central angle of 30o26128" and a chord
bearing of North 30"04'46" East a distance of 40.53 feet along a curve
to the right having a raduj.s of 50.80 feet, central angle of 7L"32'44"
and ehord bearlng of North 51"07r54rr East a distance of 60.11 feet,
thence North 87"24'16" Easx 78.18 feet, thence 101+.80 feet along to
the right having a radius of 91.16 feet, central angle of 65"51'52" and
a chord bearing of South 59"39r48il East a distance of 99.12 feet, thence
South 26"43t52" East 37.57 feet, thence 10.43 feet along a curve to the
fight having a radius of 178.56 feet, central angle of 03o20'50" and a
chord bearing of South 25"04'00" East a distance of 10.43 feet, continuing
along the centerline being 15 feet on each side of the following described
centerline, thence South 05"25'34r' West 168.82 feet, thence South 67"
2L152" East 224.75 feet, rhence South 63"11'33" East LT7.52 feet, contin-
uing along a line being 22.5 feet on the westerly side and 7.5 feet on
the easterly side of the following described line, thence North 47"34'4L"
East 105.10 feet, thence North 62"22153" East 110.65 feet, thence North
48"59'03" East L62.98 feet, thence North 61"10f50'r East 95.97 feet,
thence North 69"01'23" East L34.63 feeE to the end of said easement.
WHEREAS, the Petitioner has demonstrated to the satisfaction of the Board
of County Commissioners of Garfield County, Colorado, that the proposed division does
not faI1 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 \,7arrant a ful1
subdivision rev-iew. and;
WHEREAS, the Petitioner has demonstrated to the satisfaction of the Board of
County Commissioners of Garfield County, Colorado, that there is a reasonable probabilitl
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 fa11 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
rrsubdiv:ided land" as set forth in C.R.S. 1973, 30-28-101 (10) (a) - (d), as amended;
Nc[u, fiIEREFoRE, BE IT RESoLVED rhar rhe division of the above described
tracts rtArr, t'B", and "C" from the above described 140'acre tract is hereby exempted
from such definitions and said tract may be divided into tracts tt6tt, ttgtt, and rrcrr,
aLl as is more ful1y described above, and said divided tract nay be conveyed io
the fo:m of such small-er tracts without further compliance with the aforesaid
a
subdivision statutes and regulatlons; provided, however, that this exemptlon
ls granted on the condition and with Ehe express unCerstanding and agreement
of the Petirioner that no further exempEions be allowrtd on said lracts ttAtt,
ttBtt, and ttc", and thaE a copy of the instrumenE or instrurnents of conveyance
when recorded shall be filed with this Resolution.
lHE BOARD 0F COIJNTY CO}&IISSIONERS
0F GARFIELD COIINTY, COLORADO
ATTEST:
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Cc
Commissioners
STATE OF COLORADO
County of Garfield
I, ....,.............
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, County Clerk and ex-officio Clerk of the Board of County Commissioners
ia a:rd foi '.he Ccu:.:; and Stic afc;::-'d i: !::::b;' ct:t:fy lhlt th: :':'lnox:d ani fcr:;:=; Ordcr i: truly ccpicd f;:= tha Rccolds il
thc 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 ....,.........
County Clerk and ex-officio Clerk of the Board of County Commissioncrs.
puty 7plerk of the q_(
of County gsnmissioners
Garfield County, Colorado