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Home My WebLink AboutR97-062 Creation of Certain Parcels111111 11111 111111 1111 1111111 III 1111111 III 11111 1111 IN 624293 06/03/1997 03:11P B728 P331 1 of 5 R 0.00 0 0.00 Sara J Fisher, Eagle, CO Commissioner �}�pi; moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS i; (I + § COUNTY OF EAGLE STATE OF COLORADO RESOLUTION NO. 97- RESOLUTION DETERMINING THE CREATION OF CERTAIN PARCELS OF LAND �} TO HAVE BEEN PRIOR TO ANY LAWS RELATING (f� TO SUBDIVISIONS OR WHOSE CREATION WAS NOT WITHIN 1�O PURPOSES OF PART I, ARTICLE 28, TITLE 30 OF THE COLORADO REVISED STATUTES WHEREAS, Parcel A and Parcel B (as more fully described on Exhibit A attached hereto) became separate parcels of property when many years ago prior to any subdivision regulation the property for the Denver & Rio Grande Western Railroad was deeded to the Railroad in fee. The Railroad right of way divided what was one parcel of property into two separate parcels; and WHEREAS, in preparing a prior division of property, County staff required Parcel A and Parcel B to be kept by the current owner, in the belief that a single parcel of 35 acres would be maintained, the adjoining property has been conveyed to the other owners. Even though Parcel A and Parcel B were already separate parcels divided by the Railroad property. THEREFORE, in recognition that the division of the property by the fee hold interest of the Railroad cannot be considered an illegal subdivision, and other subdivisions of property which resulted in the creation of such parcels was done with the advice and approval of County staff, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, .STATE OF COLORADO: That the Board determines Parcel A and Parcel B as described on the attached Exhibit A are separate parcels having either been created prior to any subdivision regulation or created by a iJ G1 division which is not within the purposes of Part 1 of Article 28, Title 30 Colorado Revised Statutes and is therefore exempt from the subdivision requirement. And, be it further resolved that the Chairman of the board is authorized to sign a plat certificate acknowledging that Parcel A and Parcel B are separate legal parcels. MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State Colorado, at its regular meeting 8J held the day of 1997 cs sects Coo ATTEST: COCORA�O COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS "to By: ard of Johnnette Phillips County Commissioners Chairman at es E. John n, Jr. Commissioner George,A. Gates Commissioner 1111111111111111111111111111111111111111111111111111111 624293 06/03/1997 03:11P B728 P331 2 of B R 0.00 D 0.00 Sara J Fisher, Eagle, CO J Y p Commissioner seconded adoption of the foregoing resolut on. The roll having been called, the vote was as follows: Commissioner Johnnette Phillips Commissioner James E. Johnson, Jr. — Commissioner George A. Gates This Resolution passed by ��j — V vote of the Board of County Commissioners of the County of Eagle, State of Colorado. 111111 11111111111 II11 1111111 III 1111111 III HE 1111 1111 624293 06/03/1997 03:11P 8728 P331 r \exempt.res 3 of B R 0.00 D 0.00 Sara J Fisher, Eagle, CO SurvCo, Inc, Professional Land Surveying Services Property Description Parcel "A" A tract of land situated in Tract 42, Township 8 South, Range 87 West of the Sixth P.M., County of Eagle, State of Colorado, said tract of land lying Northerly of the q Right of Way of the Denver and Rio Grande Western Railroad Right of Way and being a ?� portion of that tract of land as described in document recorded in Book 297 at Page 108 under Reception #193500 of the records of said County, said tract of land being OD more particularly described as follows: (Bearings as recited in this description are based upon the North line of Section 4 as bearing 5.89 °08'00 "W. as per the 1924 USGLO Independent Resurvey. Monumentation found at both the Northeast and Northwest corners of said Section 4 were USGLO Brass Caps. This description as written for purposes of conveyance is intended to match the controlling calls of that description as described in said document recorded in Book 297 at Page 108.) Beginning at a point on the line between AP 10 and AP 9 of said Tract 42 from which AP 10 of said Tract 42 bears 5.87 °38'53 "W. 235.13 feet, said AP 10 being a USGLO brass cap monument; then continuing along said line between AP 10 and AP 9 N.87 °38'53 "E. 1072.54 feet to AP 9 of said Tract 42 (from which a USGLO brass cap witness corner monument bears 5.03 °42'54 "W. 25.08 feet); then 5.03 °42'54 "W. 1091.13 feet along the line between AP 9 and AP 8 of said Tract 42 to the Northerly Right of Way of said railroad; then along said Right of Way the following courses: 1) N.54 °43'25 "W. 792.58 feet; 2) 417.60 feet along the arc of a curve to the left having a radius of 4195.10 feet, a central angle of 05 °42'13 and a chord which bears N.57 °34'31 "W. 417.43 feet; then departing said Right of Way N.00 °14'35 "W. 363.27 feet to the Point of Beginning. Said tract of land contains 17.291 acres as described. 1 111111 11III I'I'I' 1111 11'1111 111'111'11 1II 111111111111 624293 06/03/1997 03:11P 8728 P331 4 of S R 0.00 D 0.00 Sara J Fisher, Eagle, CO 214 Eighth Street, Ste. 215 Glenwood Springs, CO 81601 PH: (970) 928-8233 FAX: (970) 928 -8840 SiarvCo, Inc. Professional Land Surveying Services Property Description Parcel "B" A tract of land situated in Tract 42, Township 8 South, Range 87 West of the Sixth P.M., County of Eagle, State of Colorado, said tract of land lying Southerly of the Right of Way of the Denver and Rio Grande Western Railroad Right of Way and being a dj portion of that tract of land as described in document recorded in Book 297 at Page .;A 108 under reception #193500 of the records of said County, said tract of land being more particularly described as follows: (Bearings as recited in this description are based upon the North line of Section 4 as bearing 5.89 °08'00 "W. as per the 1924 USGLO Independent Resurvey. Monumentation found at both the Northeast and Northwest corners of said Section 4 were USGLO Brass Caps. This description as written for purposes of conveyance is intended to match the controlling calls of that description as described in said document recorded in Book 297 at Page 108.) Beginning at AP 8 of said Tract 42, said AP 8 being a standard monument with an aluminum cap, P.L.S. #10732; then along line between AP 8 and AP 7 of said Tract 42 5.00 °50'19 "E. 160.11 feet (from which'a rebar and aluminum cap witness corner monument P.L.S. #10732 bears N.89 °52'17 "E. 9.24 feet); then 5.89 °52'17 "W. 977.28 feet to a found rebar and aluminum cap, P.L.S. #10732; then N.00 °14'35 "W. 1030.08 feet to the Southerly Right of Way of said railroad; then along said Right of Way the following courses: 1) 350.11 feet along the arc of a curve to the right having a radius of 4095.10 feet, a central angle of 04 °53'54" and a chord which bears 5.57 °10'22 "E. 350.00 feet; 2) 5.54 °43'25 "E. 854.01 feet to a point on the line between AP 9 and AP 8 of said Tract 42; then along said line 5.03 °42'54 "W. 185.22 feet to the Point of Beginning. Said tract of land contains 15.695 acres as described. 1 11111111111 11111111'1 1111'11 111'111111 111 111'1'111 1111 624293 06/03/1997 03:11P 8728 P331 5 of 8 R 0,00 D 0.00 Sara J Fisher, Eagle, CO 214 Eighth Street, Ste, 215 Glenwood Springs, CO 81601 PH: (970) 928-8233 FAX: (970) 928-8840