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Home My WebLink About4.0 Resolution 84-128STATE OF COLORADO County of Garfield ) 1300K 653 PAGE 63 RdRociseMed at C)LFclock M 3 L -1 7 1984 ) silleeaption Na 4';MILDRED ALSDORF, RECORDER 7,N\RFIELD COUNTY, COLORADO At - a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held at the Commissioners' Annex in Glenwood Springs on Monday , the 16th day of July A.D. 19 84 , there wer present: when Larry Velasquez Flaven J. Cerise Eugene '!Jim" Drinkhouse Earl Rhodes Mildred Alsdorf Commissioner Chairman Commissioner Commissioner , County Attorney , Clerk of. the Board the following proceedings, among others were had and done, to -wit: RESOLUTION NO.84-128 A RESOLUTION FOR THE APPROVAL OF AN EXEMPTION REQUEST 6Y KAY BUMGUARDNER WHEREAS, Kay Bumguardner has petitioned the Board -of County Commissioners of Garfield County, Colorado, on December 19, 1983, 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 Subdivisin Regulations of Garfield County, Colorado, adopted January 2, 1979, Sections 2.02.21 (d) and 3.02.01 for the division of a 112.4 acre tract described as follows: into 2 tracts of approximately 96.5 and 15.7 acres each, more or less, which proposed divided tracts are more particularly described as follows Tract A: See attached exhibits "A-1" and "A-2" Tract B: See attachedexhibits "A-1" and "A-2" (in the State of Colorado and 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 this action.' 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 tracts, that there is adequate ingress and egress to said tracts, 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; BooX 653 PAGE 64 .NOW .THEREFORE, BE . I.T `RESOLVEt :that the division of the above described :tracts "A" and "B" from the above described 112..4 acre tract is hereby exempted '.:from such defin"ii ions and said tract may be dl'vided'' intd'` tracts "A" :'.and "B" . allas- is more fully described above, and said : divided tract may be conveyed in the form of."such smaller: tracts without further -comp iwice with the' aforesaid subdivision statutesand regulations; provided, howeve'r,.that this exemption is granted on the condition and w th::the express :understanding and agreement of the .Petitioners that no ;..further ,exemptions be allowed:on`said tracts "A" and "B" and that a copy Of,' the instrument or or instruments of conveyance when recorded shall be filedwith this Resolution Dated this 16th day of July , A.D. 1984. THE BOARD OF COUNTY COMMISSIONERS. OF GARFIELD COUNTY, COLORADO AITEST: Cle k of the Board v/ Bv: Upon motion. duly made and. seconded the foregoing Resolution was adopted by the following vote: .Larry Velasquez Flaven J. .Cerise Eugene "Jim" Drinkhouse .STATE`°OF COLORADO.. -ounty of Garfield 1, , County Clerk and ex of the. Board of County:Conmiss.ioner.s in and for the County aforesaid do hereby certify that the annexed and foregoing copied >fror the Records'of.the Proceedings of the Board of :Commissioner:s:for.said Garfield County, now in my office. • Aye ?lye Aye -officio Clerk and State 'Order is truly County ::IIN.WITR SS WHEREOF; .I have hereunto set my hand and affixed the seal said.County, at -Glenwood Springs, this day of , A.D. ., ,�� SEG ON A BOOK .PAGE lti A<tract of landSection 30 Township 6 South, Range 91 West of the 6th; Rrrncipal Meridian �n Garfield County, Colorado, and bung a part of Lot 1 of the Bumguarfiner Subdivision and being more,=particularly described ;as follows: Beginning r. ata point on the ;;easterly line of said Section 30 from which the N.E Corner_of. said Section 30 bears N; 00°34'19".W: a distance of 1347 41 feet; Thence N.74°43:'42"W: a dis- tance. of 472`a5 feet, thenceS 86°08'33"W a d,stance of.448.34 feet, thei."..'' ce N:82°21'50"W., a dist.ce, of 98.63 feet, the, nce N70°26:'32"W a distance of 387.83 (feet,; thence N73°32'23"W`, a distance of 202 21;feet,`thence"N.73°24'03"W. a distance of 446.24 feet, thence <N 73°39 11"W a distance of 395.86 feet, thence N 87°14' 19"W: a distance of 205 42 feet, thence N 62°;05'46"W a,±dtstance"of 7.41.76 feet, thence"N 83°18'01"W` a distance of." '248....'5,8 :.feet,' thence South a istance°of :753.69 feet; thence 5.86°33-'.30"W a dstanceo.f 162 49 °feet,`thence S 03°30'43"W: a distance of 138 79 feet;. thence"S 89°20'05.''W,. a dis- tance of 132: 67`teet, 0..0N:06°16`55"E. a distance os 71 37feet, thence N;85°11'14"W. a distance :of 60"$Et feet, thence N.'..1.0.°.26 29"Ea distance of .110 �4feet;:; thence,,. N.89°17'58"W`. a elastance of 6b 96:feet to the' southeasterly corner of Lot 2 ofthe .Bumguardner-Subdtv'iston thence N.74 °30'58"W. a distance of,.b7.5 62 feet to a point on the easterly ragntofway line of County; Road. No. 311; thence; southerly and following Baldeasterly righof t way line along a;curveto the left having a central angle'of 28°1.-7.52".and a ra`d,us of 383-:52 feet for an arc length distance of`.189.41 feet, and the chord for whichjbears S..43°:58'31"E:. a distance of 187:54._ feetto, a point of reverse curvature; thence°continuing'southerly along said rightLof-way line along a curve to the right `hawing - a central ,angle of 27"15'4F and'a radius' of -41.5.115 feet fc,r an arc length distance of '211.80 feet, the: chord' for .whichbears;;S.44°29'39"E a :distance of 209....'..81 feet; thencen' S'. 30°51' 48"E. a,>di stance .:of 133.18 feet; thence N,,89°2 -1'22"E..' ;and "leaving said easterly right-of-way litne, "a'<distance ..of 234:`73 feet to the S.E: corner of'Govern- .ment Lot 1: of said Section 30:, thence N89°20`05"E.:a distance of 325.43 ;feet; thence N,:76°54'31""E .a. distance of 51.38 feet; thence S 77;°55'14"E. a' distance of 50.11 feet, thence 'N 89°.20',05"E a:distance'of '371.25 feet, thence South a distance of 75,56 feet, thence ,S. 30°20.'18"E. a `distance of; 23:37 feet, thence S.54°14'02"E. a distance of 378.98:`feet, thence S.60°31'12"E. a distance of 232`.85 feet thence S.08°29'32"E. a distance of 75.56 feet; 'thence 5.70°26`47"E. a distance of 2329 55 feet, -;:thence N;,89°22' 1:6"E. a distance'. of 437....,6Q, 6feet to the East 1 Corner of said Section 30; thence N:00°34:1'19"W and." along: the East line -'of the N E l of said Section 30 2a distance of 1287.79 feet: more.or less- to the' Point of Beginning.. Containing 96`;596. acres'more.or less. .Together with Easements'No. 1 and No -2 sh as own and described hereon: SAL DESCRIPTI • PARCEL LEGAL DESCRIPTION PARCEL B A tract of, land in the N W:3 of Section ;30, Township 6 South, : Range ; 91 West of the 6th Principal Meridian in Garfield County,. Colorado, and being also a of Lot 1 of the Bumguardner•'.'Subdivision` and. being;inore:particularly describefollows d as :. Beginning at the N:E. Corner. of Lot 4 of.the Bumguardner Subdivision aaid N E Corner being on the northerly line of: aid Section 30, and from which"the N.W Corner of said Section 30: bears. 5':89°19' 11"W. a di"stance of 1283 39 feet; thence N.89°19" I1"E.` and :along ;`the s'aad northerly line a: distance of 91903 feet, thence S.19°48'53."W'. a distance.:of 446 86 feet'; thence N 83°18'01"W a distance. of 248.58?fee.t, thence South a distopeeof'753 69 feet, thence 30"W. a distance of 162:49 feet, thence S 03°30'43"W a distance .of 13879 feet, thence S 89°20'05" W: a ,`distance of 132.67 feet, to:;:a point from which the; S E ':corner of Government Lot 1 of • said Section 30 bears 5.79°18`00"W .a distance;:of 172: 20 feet as- a side tie, thence N:. 06°16'55"E a distance of 71.37. feet,:: thence N.86°11'14W .'aldistance o.f 60:86 feet, thence N'; 10°26'29"E. a distance of 110.34 feet;, thence N,89°17.'58"W. a das- tanee o:f 65:'96 feet to th southeasterly corner of Lot 2' of the Bumguardner..Subdivision, thence 11.'10"E and foliowing;theeasterly boundary line of said Lo;t 2 a .distance of< 218 80 :feed;` thence N 24°36'22"W and c+ntanuing along said easterl-y lane: of s.aad Lot 2, a'distance of 251:05 feet, thence'N 70°5628W . and continuing`alon.g the boundary line of s.aad Lo"t 2, 'a distance of 14`�=62 feet to. `the corner of Lot 2 and Lot 4 of :-said Bumguardner' SubdiVt.S,t r ;:; thence N.00°40',49"W. and along the easterly :lane. of said Lot: 4, a'distance of 648:06 feet more or less to the`Point of Beginning. Containing.15 963 acres more`or less aril excepting therefrom the following easements for ingress and egress over and :across the above :described property Easement:: No. An easement for the purposes of ingress and egress over and across the above described real property and herein made a part thereof; and described as follows Being 30.00 feet in width and ;;being '15 00' feet on either side of the following described centerline Beginning at point on the:"easterly line of Lot 2 of the Bumguardner Subdivision, from which the southeasterly corner of said. Lot 2 bears S 02"00'10"W a distance of 15 01` feet, thence N 89°11,6.'00" E. a distance of 70.00 feet, thence N:.55°50'46"E. 'a distance:of 1.51 38 feet, thence N.79°58 '40"E. a distance;of 20962 feet to a point from which the SE corner. ofe Governinent; Lot '1 of Section 30 bears 5.53°14'15:"W..a distance. of 589 89 feet EXHIBIT "Al" E'ase«ient No . Z BOOK 63 An -easement—for' the :purposes of ingress .and egress over and across the above described real property and—herein' made a par thereof; and described as follows: Being 30.00 feet width and'bei.ng 15.00 feet 'on. either side of the following described centerline: Beginning at a:point on the easterly line of Lot 2 of the Bumguardner Subdivision, from which the southeasterly corner,' of said Lot 2 bears S.02°00'10"W. a distance of 15.01 feet; thence N.89°46'00"E.',a -distance of 70-00' feet; thence N.55'50 '46"E. a distance of 53.80 feet; thence 5.57°48'10"E. a distance of 144.41 feet; thence 5.88°56'31"E. a distance of 1'64.99',feet to a point from which the S,E. Corner of Government Lot 1, Section 30 bears s.68°5 '32W. a distance of 506.33 feet. NOTE: Access to Parcels A ::nd B from County Road ) is provided by an access, agreement across Lot 2 of the Bumguardner. Subdivision and recorded as Reception No. 353061 in Book 651.at 'Page 161 in the Garfield County Recorder's Office. EXHIBIT" A-2"