HomeMy WebLinkAbout5.0 Resolution 84-111STATE :OF COLORADO
Bask 651`Pact
Recorder! at - U 'clock M JUN :19X984
ss Reception rao. 'MILDRED ALSDORF, R
;County of Garfield` ;) RE CO
RTY, COLORADp.:
. � ; G.�Fs:FII:LD CO,U .N
•
At :a .regular ..meeting. of , the. Board of County
Commissioners. for :Garfield County., Colorado,, held at the Commissioners
Annex in; Glenwood.. S.pr ings. 'on :.Monday , :the. 18th ' :day
of
June, ` � � � >AfD•. "'l9 '84;� ::, there, were present:
tarry . Ve7.asauez
Flaven `4J... Cerise'
,Eugene "Jim'! Drinkhou
' se
Ear]. Rhodes
Mildred':Alsdorf
.. . .......
when'''the : folio:wing: pro.ceedings, : a mong . o.thers were . had and . done, to -wits
• Commissioner Chairman
,. Commissioner
• Commissioner
, County Attorney'
Clerk " of the Board
RESOLUTION 'NO: 84-111
A RESOLUTION CONCERNED WITH APPROVAL .OF .AN EXEMPTION FOR DONALD AND ANN
CARTER.'
WHEREAS, Donald and Ann Carterhave petitioned the Board of County
Comniiss ioners of Garfield Coun cy,:.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 37+ acre tract described as follows
Book 543, Page 460 as found in the Garfield County Clerk and
Recorder's office.
into 3 ,tracts of :.:approximately 4, 8` and 25 acres each., more or less, which.;.
proposed:' divided tracts are more particularly described as follows:
Parcel A-1:. see attached legal description for parcel A-1
Parcel A-2: see attached legal description for parcel A-2
Parcel :A-3::.see attached ..legal .decription for parcel A-3
(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 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
tracts, that there is adequate .ingress and egress to said tracts,
BOOK 651 riG(651L
that :the l'ocat'ion of septic tanks: will be:permi d 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 subdiv.;ision regulations :of the State .;of
Colorado and -the: -county or Garfield, and should, therefore, be exempted
from .'the netinition::of :the terms::"subdivision"and . subdivided land" as set ..
forth :`in C; R S 197`3, 30=28 ;101 < (10) (a) -:(d) , as amended,
NOW THEREFORE, .BE IT -.'RESOLVED -that the:•divis]on:.of the above described
ttt° " ti. a " a racts; A l , -A ? and A 3 , from -th above described .37+`. acre ..tract is
hereby exempted:: from such. def in.itionc : and, said tract may be divided . into
tit!t R, "': " !t racts: A l A 2 and; A-3 all as is ;more` fully described above, and
said divided tractmay .be conveyed in; the form of such smaller tracts
without further.`compliarice.with<the:aforesaid subdivision statutes and
regulation`s, provided, however, that this `exemption °is:granted: on the:
condition and :with the express :understanding 'and agreementof the
Petitioners that n ., ffur:ther 'exemptions ` be ;.allowed on said tracts "A-1
and that a :copyof :::the : instr.ument or instrument of
conveyance when recorded.' shall b:e filea with this Resolution.
Dated :.this 18th. day .of June , :A D 198;
ATTEST•:
C.
elk ofthe Board
',THE.BOARD`OF COUNTY COMMISSIONERS:`
OF GARF.IELD COUNTY, COLORADO
Upon motion;:.duly: made and seconded' the foregoing Resolution was
•
adopted by °:the following' vote
LarryVelaaquez
Flaxen J. Cerise
":Eugenie "Jiro"`: Drinkhouse
Aye.
Aye
Aye
STATE OF COLORADO
Countyof.Garfield
I,.
<:. ,.;.:County Clerk an ex: -officio Clerk
o.f the'; Board of,County Commissioners in and for the County and State
.aforesaid do hereby..certify'that:the annexed, and foregoing Order is truly
copiedfrom the'Records of the Proceedings of the Board of County
=Commission'ers: for said:Garfield .County,; :no.w in :my off"ice.. :.
IN WITNESS .WHEREOF, 'I have hereunto Setmy hand, and` affixed the seal
of said County,;at Glenwood Springs, this ; day of , A.D.
PARCEL" A-1
otar Country
?.O. L ; 163 ISO) 876 2222
ti4;n S+N, Cow cS16 2
BOOK 651 m€652
A parcel of land 'beingthe East 289,25 feet of the SESE3' of Section. -33,
Township 6 South, Range 92 West:of the Sixth Principal Meridian, Garfield
County, Colorado,_also being ?art of..Parcel A of the Rifle Land and Cattle
"Dry Hollow -Parcels AO" as mapped and filed for record, in the Garfield
County, Colorado records, under Reception No. 343119, said parcel of land is
more fully described. as follows:
Beginning at the Southeast Corner of said Section 33, being a sandstone corner,
thence S.89°21'15"W, 289.25 feet, along the South line of said Section 33;
thence N,00°31'46"W, along a line parallel to the East line of said Section
33, 1317.78 feet to a point on the ,North line of said SaSE3/4; thence
N.89°23'16"E., along said North Line, 289.25 feet to a point on the East line
o`said Section 33;- thence S,00°31'46"E. along said East line, 1317:61 feet
to the point of beginning, containing 8.75 acres, more or'less.
SUBJECT to the Multa Trina Ditch, Davis Ditch and any other irrigation ditch
easement and/or right-of-way of re::ord or as now constructed and in use.
ALSO subject to a 10 foot utility easement along and parallel to the East,.
South, and West boundary lines of the above described, and along and adjacent
to the South easement line of John's Drive described hereafter.
SUBJECT to and TOGETHER with a 60 foot Road and Utility Easement named
John's'Drive as shown and described on said Rifle Land and Cattle; "Dry
Hollow Parcels A-0" map, being 30 feet on each side of the Worth line'of
the above described parcel of land and its centerline providing access to and
from County Road No, 331.
TOGETHER with a 20 foot water pipe line and utility easement situated in the
SW1/4SW1/4 of Section 34 in said Township 6 South, Range 92 West being 10 feet
on each side of the following described centerline:
Beginning at a point, whence the Southwest Corner of said Section 34
bears; S.54°08'01"W. 746.82 feet; thence N.84°10'00"W. 613.01 feet
to a point on the West line of said Section 34 being the East line of
the above described parcel of land; ALSO, from said point of beginning,
thence S,05°50'00"W. 13.44 feet; thence 62.54 feet along the arc of a
curve to the left, having a radius of 100.00 feet, the chord of which
bears: S.12°05'00"E. 61.53 feet; thence S.30°00'00"E. 60.00 feet
through a well and pump house to a point approximately 10 feet from said
pump house.
BOOK
LSO TOGETHER Wit a 20 foot access road easement. to. the above descrihed
ell and pumphousesituated, in said 'SW3/4SWk`,• being -7.0 feet on each sideof
•
he:following described centerline
PAGE653
eginning at h'e point of beginning of the above
t
easement'; wtienee the Southwest Corner' of 'sal
. 50° 08''.01 "W: " ,746:, 82 'fee t ; .thence, S: 05° 50' 00"W.
line
described: water pipe
d• Section 34 bears:
13.44 feet; thence
2.54 feet along ;the arc of;. a curve ,:to the left, having a _radius of
100.00'feet, '>the chord of which bears:=.``S.12°.15'11"E. 61.53 .feet
thence S.30'00'OO"E,, .60:00 feet' through :a .well and 'pumphouse• to a
point approximately 10 feet from said pumphouse: ALSO, from said
point of beginning, thence N.01° 12100"E. 418..66; feet"; thence 244.09
feet .along the -arc` of a curve to the right, having a radius; of 210.408
feet, the -chord of which bears: N. 34°26'00"E. 230.63 feet to a point
on the Southerly easement line of said John's Drive,
SOLAR ',COUNTRY
May 30, 1984.
•
odar Country
t.0. aoa !63, I3C31 6762222
e . tAyh S111;0410, 61552
PARCEL "A--2" :
BOOK ,651: PAGE65.
A parcel of land situated in the sw sw' of Section 34, Township 6 Southe,`Range 92
West of the Sixth PrincipalMeridian,Carfield County, Colorado, being part of
Parcel "A" of the Rifle Land and Cattle "DRY HOLLOW PARCELS "A=0" as mapped and
filed for record in the Garfield -County, Colorado records under Reception No. 343119,
lying. Southerly of the centerline of John's Drive as shown and described on said map,
and Southerly and Westerly of the centerline of the Davis Ditch as now constructed
and in place, said parcel of land is•more.fully described.as follows:
Beginning at the Southwest Corner of said Section 34, being a •Sandstone Corner,
thence.N.00°31'46"W. along the West line of said Section 34, 1317.61 feet to a point
on the North line of said Sj�l'�-,SWk, also being the centerline of said John's Drive;
thence, alond the centerline of sa4_d Drive, N.89°15'53"E. 320.00 feet along the
North line of said SW'SWk; thence 192.27 feet along the arc of a curve to the right,.
having a radius of 283.384 feet, the chord of which bears: S.71°17'54"E. 188.60 feet;
thence S.51°51'42"E. _200.62 feet; thenr:e 196.48 feet along the arc of a curve to
the left, having a radius of 427.985 feet, the chord of which bears: S.65°00;47E.
194`.75 feet;. thence, leaving said centerline road, 5.11°50'08"W. 30.00 feet to a
point on. the Southerly easement line of said road; thence, along the centerline of
said Davis Ditch, S.11°36'58"E. 144,,04 feet; thence S.08°01'52"W. 205.91 feet,
thence S.32° 39'06"W.. 98.77 feet; thence S.15° 24' 59"W. 28.35 feet; thence
S.08°02'32"E 39.40 feet;. thence S..22°54'30"E. 73.10 feet; thence S.10'58'33"E.
89.56 feet;`. thence S.77°27'41"E. 87.90 feet; thence N.24°36'52"E. 53.38 feet;
thence, leaving said centerline ditch, S.23'20'02"E. 13.01 feet; thence S.00°46'
49"E. 380.88 feet to a point on the South line of said Section 34; thence S.89°
13'11"W. along the South line of said Section 34, 923.50 feet to the point of •
beginning, containing 24.11 acres, more or less.
SUBJECT to the Multa Trina Ditch and Davis Ditch, and any other such ditch easements
and/or right-of-ways as now constructed and in place, or of record. ALSO subject to
a 10 foot irrigation ditch (partly pipped underground) easement being 5 feet on each
side of the following described centerline:
Beginning at a concrete•spliter box in the Multa Trina Ditch, whence the
Southwest Corner of said Section 34 bears: S.45°27'54"W. 537.72 feet;
thence along the centerline of said ditch, N23'27'52"W, 14.00 feet;
thence N.13°41'58"E. 12.74 feet; thence N.76°01'26"E. 76.12 feet; thence
N.89°30`20"E. 48.00 feet to the inlet of said pipe; thence N.54°53'41"E.
59.19 feet; thence N.19°18'17"E. 105.23 feet;•• thence N.00°08'57"E.
380.71 feet to the end of said pipe to a point on the bank of the Davis
Ditch; whence the Southwest Corner of said Section 34 bears: 5.32°18'39"W.
1104.72 feet.
ALSO -subject to a 20 foot water pipe line and utility easement being 10 feet on
each side of'the following described centerline:
Beginning at a point whence the Southwest Corner of said Section 34 bears:
S.54°08'01"W. 746.82 feet; thence S,84'10'00"E. 192.66 feet to a point on
the Easterlyboundary line of the above describedparcel of land; ALSO from
said point of beginnine, thence N.84°10'00"W. 613,01 feet to a point on the
Westerly line of the above described parcel of land. ALSO from said point of
beginning, thence, also -along the centerline of a 20 foot road access easement,
'S.05°50"'OO"W. 13.44 feet; thence 62.54 feet along the arc.of a curve to the.
left, having a radius of 100.00 feet, the chord of which bears; S.12°05'00,"E.
61.53 feet; thence S.30°00'00"E. ' 60.00 feet -through a well' and pump house
to a point 10 feet from said pump house.
g TIN 651 nGt655
SO subject to a.:20 foot road access" -easement providinY;acces'to and from the above
scribed -'Yell --And pump house being 10 feet: on each side of the "following described
centerline'•
Beginn�;ng at,the'point."of,beginning:;of the above described water pipeline
easernE,nt, " 'th"ence" Southeas'ter.ly, al"ong said ""centerline as described above in
said .�iat'er:line easement; ",.'ALSO 'from `said point of',beginning.,N.01' 12'00"E:
418.66:feet;' thence ""_244:09 feet along the .arc of a"curve to the right, havin?.`
a radius of 210.408feet," the chord o:E which bears: N.34°26'00"E. 230.63•feet
Co a..poin"t on Che Southerly easement line of said John's Drive:
ALSO subject to a 10' foot utility and "dra"inage "easement along- and parallel to the
abov"e,_described parcel of"land"and along and parallelto the Southerly easement
l<ineo.f" said John''s :Drive:
ALSO subject to and together with 'a 60 foot Road.and Utility easement named John's
Drive -"as shown and describedon said Dry 1-tollow Parcel map, being 30 .feet' on each
side of its centerline, and providing acces to and from County Road No. 331.
May 15, 1984
SOLAR COUNTRY
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BOOR
paGE
A: parcel of "land situated ,:in .the `SWkSW3/4: of Sectitn. 34," Township b` South,
Range .92 West of the Sixth Principal .Meridian, Garfield County,, Colorado,
being partof. Parcel"'"A". of .the'Rifl,e`?Lard' and Cattle "Dry'. Hollow' Parcels
A0",as mapped and filed for record ,in the Garfield`;County, Colorado records';
under -Reception No.. 343119:, lying Southerly of the Centerline of Johns
Drive -as -shown and described on said ,:=Dry;;Hollow Parcel map and bounded by
-rhe Centerline 'of the Davis Ditch as now constructed and'"in use,>said parcel
of land is more fully described as follows
Beginning 'at. the 'intersection .point of the'. centerline of .said John's :Drive
with the East line of said SWkSW,' ; whence the Southwest Corner of said
Section 34, being a sandstone corner bears: S.55°45'31"N, 1587.54 feet;.
thence S.04°32'45"E. along the East line of said SWzSWk, 79`.00 feet to a
point in the centerline, of bald Davis Ditch; thence along'said centerline
ditch N.63°32'47"W, 9.13 feet; .thence'N.83°16'51"W: 31.32 feet; thence
S.89° 17'48"w. 47.91: feet; thence 5.716 55' 12"W. 40.29 feet; thence
S.49°36'41"W. 89..64 feet; thence - S. 56° 08' 34"W,.. 71,72 feet. thence
S.34. °02'51"W. -55.13 feet;. thence :5.52°25'32".W 50.01 feet; thence
S.02°15'59"E. 23.74 feet; thence'S.16°32'47"W. .109.58 feet; .thence
S.49° 16'54"W.' 19.43 feet; thence S.13°54'11"14. 45.46 feet; thence
S.21°54'45'W, '43.87 feet; thence S.24°36'52"W 53.38 feet;. thence
N.77°27'41"W, 87.90 feet; thence`N,10°58'33"W. 89.56 feet; thence
N:22° 54' 30"W, 73.10 feet; thence N.08° 02'32"W,' 39.40 feet; thence
N.15°24'59"E. 28.33 feet; thence N.32°39'06E. 98.77 feet; thence
N.08°09'52"E."`205.91 feet; thence N.11°36'58W. along said Davis Ditch 144.04
feet to a. point on the Southerly easement line of said John's Drive; thence
N.11°.50'08'.'E. 30.00 feet to 'a point in the centerline of said John's Drive;
thence along. the centerline of said John's` Drive, 5.78°09'52"E. 310.80
•feet; thence'147.78 feet along the arc ofa curve to the right, having a
radius of 251.414 feet,the chord of which bears: S.66°07'01"E .147.78
feet; thence S.54°04'10", 65.81 feet to the point of beginning, containing
4.14 acres, more or less.
SUBJECT to a 10 foot utility easement along and parallel to the Southerly
easement line of said John's Drive, and a 10. foot drainage easement on
each side of the existing drainage courses as now •in place. ALSO subject to
a 20 foot Irrigation Ditch easement along and parallel to the centerline
of said Davis Ditch as described above; and an* other easements or right -of
ways of record, if any.
SUBJECT td.and TOGETHER with a 60 foot road and utility easement named John's
Drive as shown and described on said Rifle Land and Cattle, "Dry Hollow Parcels
A-0" map, being 30 feet on each side of the Worth line of the above described
of land and its. centr1ine providing access to and from County Road No. 331.
BOOK G51 PAGE657
•
;TOGETHER .with ^a .20 ""'foot"-wat er pipe ;line. and _utility easement being 10" feet
,on' each
centerlines
Beginning .at ;a; point '. he:ice the .Southwest Corner of said Section '34
bears':': S.54°08'Ql"W.";".746.82"feet;" thence S.84°10'00"E. 192,66 feet
to a;paznt,on the" Westerly line of the above described parcel of; land,
ALSO'. -from 'Said `,:point, of beginning, and also being a -20 foot' road
accesses easement; `5.05° 50 0.0"W: .:13.44 " fee.t; thence 62.54 feet . along
the•'arc curve `'a o.. -the left, ha Ping .a. radius of` 100.00.` feet,, the
chord;"'of which 'bears: S.12°05'00"E. ',61.53 .feet; thence S.30°00'00" E.
60 00? feet-" through 'a well and pumphouse to a point approximately
10 feet from said pumphause.
ALSO TOGETHER with a 20 foot access road easement providing access to and
fromthe .above described well:. and pump house, being 10 feet on each side
of the following uescribed centerline:
Beginning.` at the point of beginning of the above described water
pipeline easement; ,thence Southeasterly as• described in the above
water pipeline easement for said access road; also from said point of
beginning;"N.01°12'00"E. 418.66 feet; thence 244.09 feet along the
arc of a curve - to >the. right having a radius of 210.408 feet, the, chord
of which bears: N.34°26'00"E. 230.63 feet to a point on the Southerly
easement line o,f said John's Drive.
SOLAR.: COUNTRY
May 30, 1984