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HomeMy WebLinkAbout4.0 Resolution 94-053• 1 STATE OF COLORADO ) )ss County of Garfield ) At a meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Commissioners' Meeting Room, Garfield County Courthouse, in Glenwood Springs on , the of A.D. 19 , there were present: Elmer (Buckey) Arbaney , Commissioner Chairman Arnold L. Mackley , Commissioner Marian I. Smith , Commissioner Don DeFord , 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. G /aC3 A RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE GARFIELD COUNTY SUBDIVISION REGULATIONS FOR KENNETH AND FAYE STRODER. WHEREAS, KENNETH AND FAYE STRODER 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 an 80 acre tract as described in Book 860 Page 846 as filed in the Offices of the Clerk and Recorder of Garfield County, Colorado, into two (2) parcels of approximately 2.636 and 77.364 acres in size, more or less, with the exemption parcel more practically as follows: Lot 1 (see attached) (in the State of Colorado and the 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 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 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 Lot 1 from the 80.0 acre tract is hereby exempted from such definitions and may be conveyed in the form of such "Lot 1" 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 day of , A.D. 19 ATTEST: GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFIELD COUNTY, COLORADO Clerk of the Board Chairman vote: Upon motion duly made and seconded the foregoing Resolution was adopted by the following Elmer (Buckey) Arbaney , Aye Arnold L. Mackley Aye Marian I. Smith , Aye STATE OF COLORADO ) )ss County of Garfield ) 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 Commissioners 3mta t the undersigned h slh ' - 1Mt'an,ct re? theta' of that re� roperty situated girt the' County r, , ,,Garfie/d, State of,Colorado,�5sF`shown:on theeaccompanying. said real property being described as Lor 1 A tract of land situated in the NW1/4NW1/4, Section 35, Township 6 South, Range 92 West of the 6th P.M. beThg more porticulary described as follows: Beginning of a point on the west line of said Section 35 from whence the Northwest comer of said Section 35 bears N 00'16'14" W 881.63 feet said point of beginning also being a point on the southerly right—of—way of county road no. 326; thence S 57 54' 20" E 178.50 feet aloni said right— of—way; thence continuing along said right—of—way S 47 21'40 E 369.14 feet; thence S 39' 48'28" E 25.71 feet; thence 100.88 feet along the arc of a non—tangent a curve to the to the /eft, having a radius of 262.97 feet, a centro/ angle of 21' 58' 50"; the chord of which bears S 50' 47' 53" E 100.27 feet to a point on the southerly line of said NW1/4NW1/4; thence departing said night—of—way and along sand southerly line S 89' 51' 46" W 506.01 feet to the SW comer of said NW 1/4NW 1/4; thence N 0' 16' 14" W 442.05 feet; to the POiNT OF BEGINNING; said described tract containing 2.636 acres, more or less. LOT 2 A tract of land being the SW1/4SW1/4 of Section 26 Township 6 South, Range 92 West of the 6th P.M. together with that portion of NW1/4NW1/4 of Section 35 Township 6 South, Range 92 West of the 6th P.M. described as follows: Beginning at the Northwest comer of said Section 35; thence along the north line of said Section 35 N 89'57'05" E 1321.26 feet to the Northeast comer of said NWl/4NW T/4; thence along the easterly line of said NW1/4NW1/4 S 00'15'55 E 1286.72 feet to a point in the northerly right— of—way ight— ofway line of county road 326; thence along sold right—of—way line S 89'19'36" W 688.31 feet; thence continuing along said right—of—way 180.19 feet along the am of a curve to the right, having a radius of 202.97 feet, a centra/ angle of 50'51 '56", the chord of which bears N 65'14'26"W 174.33 feet; thence N 39'48'28" E 29.68 feet; thence N 4721'40" W 376.01 feet; thence N 52'54'20" W 227.22 feet to a point on the westerly line of sold NW1/4NW1/4; thence departing said right--of—way and along said westerly. line N 0'16'14" W 806.14 feet to the point of beginning. That said owner has caused the said real property to be laid out and surveyed as the Stroder Subdivision Exemption a part of Garfield Coun fr. Colorado. That said owner does hereby dedicate and set apart all of the streets and roods o� shown on th accompanying plot • the use of the public forever are 4iro Owner 11‘1 WITNESS WHEREOF said owner has cgu^se^d� ^his name D bel hereunto subscribed this 39 day of •A• STATE OF COLORADO COUNTY OF GARFIELD The fors oing dedication was acknowledged before me this of , A. D. 1994, by My commission expires: (t. D-� 19. i 1 Q(r1 WITNESS MY HAND AND SEAL 4>K3V-1) Notary Public SURVEYORS CERTIFICATE 1, Richard L. Holsan, do hereby certify that I am a registered land surveyor licensed under the laws of the State of Colorado, That this plat is a true , correct and complete plat of the STRODER SUBDIVISION EXEMP770N as laid out, platted, dedicated and shown hereon, that such plat was made from an accurate survey of said property by me and under my supervision and correctly shows the location and dimensions of the lots, easements, and streets of said