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Home My WebLink About5.0 Resolution 94-132RECORDED 9.'00 J'CL3CK4.M. -C n !. rp NOV 1 MSL: ri=C ALSJ :2F, GA;!F.,�'.:LC t, L � L = C E 19:4 STATE OF COLORADO ) )ss County of Garfield ) Boo(0923 PAC; 547 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 2lstof November A.D. 19 94 , there were present: Elmer (Buckey) Arbaney Arnold L. Mackley Marian I. Smith Don DeFord Mildred Alsdorf Chuck Deschenes Commissioner Chairman , Commissioner , Commissioner , County Attorney , Clerk of the Board , County Administrator when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 94-132 A RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE GARFIELD COUNTY SUBDIVISION REGULATIONS FOR BOBBY AND DONNA BURKETT. WHEREAS, BOBBY AND DONNA BURKETT 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 9.561 acre tract as described in Book 426 Page 234, Reception 252275, as filed in the Offices of the Clerk and Recorder of Garfield County, Colorado, into two (2) parcels of approximately 7.556 and 2.005 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 800(O923 PAG! 548 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 9.561 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: ,A.D..1994 GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFIELD COUNTY, COLORADO dv__42y Cl 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 ) 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 Commissioners PROPERTY DESCRIPTION PARCEL 'A' En0x0923 ?A 549 A TRACT OF LAND SITUATED IN THE NORTHEAST QUARTER of SECTION 17, TOWNSHIP 7 SOUTH, RANGE 88 WEST AND BEING THAT TRACT OF LAND AS DESCRIBED IN DOCUMENT RECORDED IN BOOK 447 AT PAGE 250 AND ALSO A PORTION OF THAT TRACT OF LAND AS DESCRIBED IN DOCUMENT RECORDED IN BOOK 536 AT PAGE 871, ALL OF THE RECORDS OF GARFIELD COUNTY, STATE OF COLORADO, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING AT A POINT ON THE EAST UNE OF SAID TRACT AS DESCRIBED IN DOCUMENT RECORDED IN BOOK 536 AT PAGE 871 FROM WHICH THE NORTHEAST ONE-S1XIE.NTH (1/16) CORNER or SAID SECTTQN 17 BEARS S.87105'00'W. A DISTANCE OF 50.20 FEET, SAID NORTHEAST ONE -SIXTEENTH ( NI;R ffIN(i U(WIIL4EN1 T) WTN A STANDARD MONUMENT BEARING A BUREAU OF LAND MANAGEMENT ALUMINUM 'AP ANC) SAID POINT or BEGINNING BEING A REBAR AND ALUMINUM CAP BEARING COLORADO P.L.S. REGISTRATION /12770; THEN ALONG SAID EAST UNE S.00 '44.00 -E. A DISTANCE OF 653.79 FEET; THEN DEPARTING SAID EAST UNE S87°0129"WA DISTANCE OF50.96 FEET TO A FOUND STANDARD MONUMENT BEARING ,4 BUREAU OF LAND MANAGEMENT ALUMINUM CAP; THEN N.00'40'00'W. A DISTANCE OF 70.32 FEET; THEN S.89'37121 -W. A DISTANCE OF 376.33 FEET TO A FOUND /5 REBAR; THEN N.01137'S8'W. A DISTANCE 660.00 FEET; THEN S.89:3721. .89 3721'W. A DISTANCE OF 321.05 FEET; THEN N.58'09'007: A DISTANCE OF 177.31 FEET THEN 5.71'09'01*E A DISTANCE OF 384.73 FEET TO THE CENTERUNE OF CATTLE CREEK AS LOCATED BY SURVEY IN OCTOBER 1994; THEN ALONG THE CENTERLINE OF SAID CREEK THE FOLLOWING THREE COURSES; 1) N.33'00'00'E A DISTANCE OF 106.02 FEET; 2) N.43130'001 A DISTANCE OF 90.00 FEET 3) N.57'00'001. A DISTANCE OF 140.00 FEET TO THE EAST UNE OF SAID TRACT AS DESCRIBED IN DOCUMENT RECORDED IN BOOK 536 AT PAGE 871, THEN ALONG SAID EAST UNE S.0012'OO'E A DISTANCE OF 269.48 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 7.556 ACRES AS DESCRIBED. PROPERTY DESCRIPTION PARCEL '8' A TRACT OF LAND SITUATED IN THE NORTHEAST QUARTER OF SECTION 17, TOWNSHIP 7 SOUTH, RANGE 88 WEST AND BEING A PORTION OF THOSE TRACTS OF LAND AS DESCRIBED IN DOCUMENTS RECORDED IN BOOK 536 AT PAGE 871 AND BOOK 447 AT PAGE 250 , 00111 OF THE RECORDS OF GARFIELD COUNTY, STATE OF COLORADO, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING AT THE NORTHEAST CORNER OF SAID TRACT AS DESCRIBED IN DOCUMENT RECORDED IN 800K 536 AT PAGE 871 FROM WHICH THE NORTHEAST ONE -SIXTEENTH (1/16) CORNER OF SAID SECTION 17 BEARS S.0836'40'W.. A DISTANCE OF 315.58 FEET, SAID NORTHEAST ONE -SIXTEENTH CORNER BEING MONUMENTED WITH A STANDARD MONUMENT BEARING A BUREAU OF LAND MANAGEMENT ALUMINUM CAP AND SAID POINT OF BEGINNING BEING A REBAR AND ALUMINUM CAP BEARING COLORADO P.L.S. REGISTRATION /12770; THEN ALONG SAID EAST LINE S.00 32'00'E. A DISTANCE OF 40.00 FEET TO THE CENTERLINE OF CATTLE CREEK AS LOCATED BY SURVEY IN OCTOBER 1994; THEN DEPARTING SAID EAST UNE AND ALONG THE CENTERLINE OF SAID CREEK THE FOLLOWING THREE COURSES; 1) S.57'00'00'W. A DISTANCE OF 140.00 FEET 2} S.43130'00'W. A DISTANCE OF 90.00 FEET. 3} S.33'00'00'W. A DISTANCE OF 106.02 FEET; THEN DEPARTING SAID CENTERLINE N.71'09'01'W. A DISTANCE OF 384.73 FEET; THEN N.58'0900'E. A DISTANCE OF 249.03 FEET TO THE NORTH LINE OF SAID TRACT AS DESCRIBED IN DOCUMENT RECORDED IN BOOK 536 AT PAGE 871; THEN ALONG SAID NORTH UNE N.8745'00'E A DISTANCE OF 389.03 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 2.005 ACRES AS DESCRIBED.