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HomeMy WebLinkAbout3.0 Resolution 94-131R COROEO y.o' u-cLCCK4 , t g 471Z97 MILuk=u NLSJL+'-F, .,u z: .: LO COUNTY CL:PK taut+ 26 1994 Boox0923553 STATE OF COLORADO ) )ss County of Garfield ) 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 21st of November A.D. 19 94 , there were present: Elmer (Buckey) Arbaney , Commissioner Chairman Arnold L. Mackley , Commissioner Marian I. Smith Commissioner Don De.Ford , 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. 94-131 A RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE GARFIELD COUNTY SUBDIVISION REGULATIONS FOR ROY AND JOYCE KEITHLEY. WHEREAS, ROY AND JOYCE KEITHLEY 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 69.079 acre tract as described in Book 310 Page 317, Reception #205440 as filed in the Offices of the Clerk and Recorder of Garfield County, Colorado, into two (2) parcels of approximately 38.361 and 30.718 acres in size, more or less, with the exemption parcels more practically as follows: Parcel A (See Attached) Parcel B (See Attached) (in the State of Colorado and the 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 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 aoo(O923 nc, 554 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 NOW THEREFORE, BE IT RESOLVED that the division of the above described 69.079 acre tract into parcels A and B is hereby exempted from such definitions and may be conveyed in the form of such parcels "Parcel A" and "Parcel B" 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 21St day of November ATTEST: C - rk of the Board vote: , A.D. 19 94 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 , Aye , Aye Marian I. Smith , Aye STATE OF COLORADO ) )ss 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 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 Conunissioners PROPER TY DESCRIPTION PARCEL 'A` A TRACT OF LAND SITUATED IN THE NORTH 1/2 OF SECTION 10, TOWNSHIP 6 SOUTH, RANGE 92 WEST OF THE SIXTH P.M. BEING A PORTION OF THar TRACT AS DESCRIBED IN DOCUMENT RECORDED IN BOOK 550 AT PAGE 557 OF THE RECORDS OF CARRELD COUNTY, COLORADO, SAID TRACT LYING SOUTH OF THE RIGHT OF WAY OF INTERSTATE 70, NORTH OF A CHANNEL OF THE COLORADO RIVER AND WESTERLY OF THAT TRACT AS DESCRIBED IN DOCUMENT RECORDED IN BOOK 692 AT PAGE 526 OF THE RECORDS OF SAID COUNTY, SAID TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTHERLY RIGHT OF WAY OF INTERSTATE SEVENTY FROM YflICH THE NORTHEAST CORNER OF SAID SECTION 10 BEARS N.6422'581. A DISTANCE Of J796.74 FEET, SAID NORTHEAST CORNER 8E7NG AIONUMENTED WTH A STANDARD MONUMENT BEARING A GARFIELD COUNTY SURVEYOR BRASS CAP; THEN S.00130'001'4 A DISTANCE OF 251.60 FEET; THEN S.43'27'4414 A DISTANCE OF 236.70 FEET; THEN S.00'00'00.1'4 A DISTANCE OF 92.75 FEET; THEN S.68'09'591. A DISTANCE OF 151.56 FEET TO THE NORTHWEST CORNER OF THAT TRACT AS DESCRIBED IN DOCUMENT RECORDED IN BOOK 566 Ar PAGE 692 OF THE RECORDS OF SAID COUNTY; HIEN ALONG 111E NORTHERLY, EASTERLY AND SOUTHERLY ONES OF SAID TRACT THE FOLLOWING SIX COURSES~ 1) S.8433'111. A DISTANCE OF 100.00 FEET; 2) N.81'41'001. A DISTANCE OF 241.48 FEET; 3) 5:7678'001: A DISTANCE OF 361.35 FEET, 4) 5.3138'00"W. A DISTANCE OF 142.58 FEET 5) S5431'00"W. A DISTANCE OF 196.39 FEET; 6) £8470'00"W. A DISTANCE OF 399.83 FEET; THEN S 09:38'00T. A DISTANCE OF 87.25 FEET TO THE CEN TERUNE OF A CHANNEL OF THE COLORADO RIVER; THEN ALONG SAID RIVER CHANNEL CENTERUNE THE FOLLOWING FIVE COURSES; 1) S.8954'511. A DISTANCE Or 344.01 FEET 2) N.6328'211. A DISTANCE OF 655.91 FEET 3) N.90'00'00"E. A DISTANCE OF 468.85 FEET; 4) S 83'56'02 "E. A DISTANCE OF 444.63 FEET; 5) S.7717'461 A DISTANCE OF 262.21 FEET TO THE SOUTHWEST CORNER OF THAT TRACT AS DESCRIBED IN DOCUMENT RECORDED IN BOOK 692 AT PAGE 596 OF THE RECORDS OF SAID COUNTY; THEN ALONG THE WEST LINE OF SAID TRACT N.1151'16'E. A DISTANCE OF 652.94 FEET TO THE SOUTHERLY RIGHT OF WAY OF SAID INTERSTATE SEVENTY; THEN ALONG SAID SOUTHERLY RIGHT OF WAY THE FOLL0IWNG FIVE COURSES; f; 8x.22 FEST ALONG THE ARC OF A CURVE TO THE RIGHT HAVIVG A CENTRAL ANGLE OF 0076'04d, A RADIUS OF 11,634.20 FEET AND A LONG CHORD WHICH BEARS N.83137'43.W. A DISTANCE OF 88.22 FEET Z) N.8254'41"W.. A DISTANCE OF 82.80 FEET; 3) 590.40 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVNG A CENTRAL ANGLE OF 1333.00`, A RADIUS OF 2496.50 FEET AND A LONG CHORD WHICH BEARS N. 8! 41 '11 "W.. A DISTANCE OF 589.03 FEET; 4) 5.8332'19N A DISTANCE OF 192.00 FEET, 5) 1354.59 FEET ALONG 'THE ARC OF A CURVE t0 THE RIGHT HA!SVG A CENTRAL ANGLE 4F 27'05'30', A RADIUS OF 2664.80 FEET AND A LONG CHORD WHICH BEARS N.82 5456'W; A DISTANCE OF 1342.01 FEET M THE POINT OF b7EGINNING. SAID TRACT CONTAINS 30.718 ACRES AS DESCRIBED. eroy0923 ptil. 555 PROPERTY DESCRIPTION PARCEL '8 A TRACT OF LAND SITUATED IN SECTION 10, TOWNSHIP 6 SOUTH, RANGE 92 MIST OF THE SIXTH P.M. BEING A PORTION OF THAT TRACT AS DESCRIBED IN DOCUMENT RECORDED IN BOOK 550 AT PACE 557 OF THE RECORDS OF GARFIELD COUNTY, COLORADO, SAID TRACT LYING SOUTH OF THE RIGHT OF WAY OF IN TERSTA TE 70, NORTH OF A CHANNEL OF THE COLORADO RIVER AND EASTERLY OF THE WEST UNE OF THE NORTHWEST 1/4 OF SAID SECTION 10, SAID TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WEST UNE OF THE NORTHWEST 1/4 OF SAID SECTION 10 FROM 1VHICH THE WITNESS CORNER TO THE WEST QUARTER CORNER OF SAID SECTION 10 BEARS 5.007511T. A DISTANCE OF 867.43 FEET, SAID WITNESS CORNER BONG A STANDARD MONUMENT WITH AN ALUMINUM CAP BEARING P.L.S. REGISTRATION 114111; THEN ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 10 S.0075'11.E. A DISTANCE OF 954.56 FEET TV THE CENTERUNE OF A CHANNEL OF THE COLORADO RIVER; THEN ALONG SAID CHANNEL CENTERLINE THE FOLLOWING EIGHT COURSES; 1) 58417'00Z A DISTANCE OF 421.72 FEET; 2) 5.7514'17'E. A DISTANCE OF 205.16 FEET; 3) 5.85:55'46T A DISTANCE OF 129.68 FEET; 4) 5.5607'22*E. A DISTANCE OF 191.47 FEET, 5) 56358'59". A DISTANCE OF 367.47 FEET; 6) 5.86'37'091 A DISTANCE OF 211.05 FEET; 7) N.7710'39"E. A DISTANCE OF 187.61 FEET 8) S.89 54'51 "E: A DISTANCE OF 274.86 FEET; THEN DEPARTING SAID CENTERLINE N.09'38'00'W. A DISTANCE OF 87.25 FEET TO THE SOUTHWEST CORNER OF THAT TRACT AS DESCRIBED IN DOCUMENT RECORDED IN BOOK 566 AT PAGE 692 OF THE RECORDS OF SAID COUNTY, THEN ALONG SAID WEST LINE N.09,38'OO"W. A DISTANCE OF 340.98 FEET THEN DEPARTING SAID WEST UNE N68'09'59"W. A DISTANCE OF 151.56 FEET; THEN N.00'OO'OOT A DISTANCE OF 92.75 FEET; THEN N.4327'44'E. A DISTANCE OF 236.70 FEET; THEN N.0011O'00'E A DISTANCE OF 251.60 FEET TO THE SOUTHERLY RIGHT OF WAY OF SAID INTERSTATE SEVENTY, THEN ALONG SAID RIGHT OF WAY THE FOLLOWING THREE COURSES; 1) 158.33 FEET ALONG THE ARC OF A CURVE TO TIIE RIGHT HAVIIVG A CENTRAL ANGLE OF 0310'00; A RADIUS OF 2864.80 FST AND A LONG CHORD WHICH BEARS N.67 47'111W. A DISTANCE OF 158,31 FEET.' 2) N.6672'1114 A DISTANCE OF 97.00 FEET, J) J2J.57 FEET ALONG THE ARC OF A CURVE TO THE LETT.HAVING A CENTRAL ANGLE OF 06J5'I1 , A RADIUS OF 2814.80 FEET AND A LONG CHORD WHICH BEARS N.6979'46'W. A DISTANCE OF 323.39 FEET TO THE NORTHEAST CORNER OF THAT TRACT AS DESCRIBED IN DOCUMENT RECORDED !N BOOK 401 AT PAGE 313 OF THE RECORDS OF SAID COUNTY; THEN ALONG THE EAST, SOUTH AND WEST ONES OF SAID TRACT THE FOLLOWAVG COURSES; 1) S 07'47'19"W A DISTANCE OF 573.98 FEET; 2) N.8212'41'W. A DISTANCE OF 550.00 FEET 3) N.07'47197'. A DISTANCE OF 611.95 FEET TO THE SOUTHERLY RIGHT OF WAY OF SAID INTERSTATE SEVENTY, THEN ALONG SAID SOUTHERLY RIGHT OF WAY N.8212'41 'W. A DISTANCE OF 85.54 FEET TO THE EAST UNE OF THAT TRACT AS DESCRIBED IN DOCUMENT RECORDED 1N BOOK 59J AT PAGE 793 OF THE RECORDS OF SAID COUNTY, THEN ALONG THE EAST AND SOUTH LINE OF SAID TRACT TUE FOLLOWING THREE COURSES; 1) S 0071 '12'E. A DISTANCE OF 26.29 FEET; 2) £ 8911'38"W. A DISTANCE OF 683.47 FEET; 3) N.67'12'29"W. A DISTANCE OF 11.44 FEET TO THE POINT OF BEGINNING. SAID TRACT CONTAINS 38.361 ACRES AS DESCRIBED. 800K0923 ;,HGE 556