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Home My WebLink About3.0 Resolution 80-71STATE OF COLORADO ss. County of Garfield 800X 54e3 PAGE51: Recorded at / 39" o'clock 1 M. MAY 13 1980 Reception No. 303867 MILDRED ALSDORF, RECORDER At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held at the Court House in Glenwood Springs on Monday , the 12th day of May A. D. 19 8 0 , there were present: Richard C. Jolley , Commissioner Chairman Larry Velasquez , Commissioner Flaven J. Cerise , Commissioner Arthur A. Abplanalp Jr. , County Attorney Nancy Sprick Pager Deputy Clerk of the Board when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 80-71 RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE GARFIELD COUNTY SUBDIVISION REGULATIONS FOR ELOUISE A. BISHOP WHEREAS, Elouise A. Bishop has 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 January 2, 1979, Sections 2.02.21 (d) and 3.02.01 for the division of a 40.0 acre tract described as follows: the SE4NE4 of Section 23, Township 6 South, Range 92 West of the 6th P.M. into 4 tracts of approximately 11.09, 10.67, 9.23, and 8.98 acres each, more or less, which proposed divided tracts are more parti- cularly described as follows: Tract A: A parcel of land situated in the SE4NE4 of Section 23, Township 6 South, Range 92 West of the 6th Principal Meridian, lying Southerly and Easterly of Access Road No. 2 as shown on the Amended Plat recorded as Reception No. 297768 in the Clerk and Recorders Office of Garfield County, Colorado and more particularly described as follows: Beginning at the Northeast Corner of said Section 23, thence along the east line of said Section 23 S00°31'09"E. 2,081.78 feet to a point on the centerline of said Access Road No. 2, the True Point of Beginning; thence continuing along said east line of said Section 23 S00°31'09"E. 542.70 feet to the Southeast Corner of said SE1/4NE4; thence along the south line of said SE1/4NE4 S89°59'41"W. 1,038.89 feet to a point in the centerline of said Access Road No. 2; thence the following courses and distances along said centerline of Access Road No. 2, N30°29'25"E. 298.58 feet; thence along an arc of a curve to the right 149.79 feet with a radius of 1,161.10 feet, the chord of which is N34°11'10"E. 149.69 feet; thence N370 52'55"E. 136.96 feet; thence along an arc of a curve to the right 87.12 feet with a radius of 188.50 feet the chord of which is N51°07'18"E. 86.34 feet; thence alona an arc of a curve to the right 186.43 feet with a radius of 357.12 feet the chord of which is N79°18'58"E. 184.32 feet; thence S85°43'43"E. 467.23 feet to the True Point of Beginning. Said parcel of land contains 11.09 acres more or less. Tract B: A parcel of land situate in the SE'NE' of Section 23, Township 6 South, Ranee 92 West of the 6th Principal Meridian, lying northerly and westerly of Access Road #2 as shown on the Amended Plat recorded as Reception #297768 in the Clerk and Recorders Office of Garfield County, Colorado and more particularly described as follows: Beginning at the Northeast corner of said Section 23, thence S35°23'25"W. 2262.60 feet to a point on the West line of said SEQNE4 of Section 23, the True Point of Beginning; thence N53°10'11"E 450.00 feet; thence S.32°27'21"E. 600.00 feet to a point in the center- line of said Access Road #2; thence the following courses and distances along said centerline: along the arc of a curve to the left 87.12 feet, with a radius of 188.50 feet, the chord of which bears S51°07'18"W. 86.34 feet; thence S37°52'55"W. 136.96 feet; thence along the arc of a curve to the left 149.79 feet; with a radius of 1161.10 feet, the chord of which is 34°11'10"W. 149.69 feet, thence S30°29'25"W. 298.58 BOOK 548 E 5 J feet to a point on the South line of said SE4NE4 of Section 23; thence along the South line of said SEnNE4 S89°59'41"W. 288.23 feet to the Southwest corner of said SE4NE4; thence along the West line of said SE4NE4, N00°30'59"W. 780.00 feet to the True Point of Beginning. Said parcel of land contains 10.67 acres more or less. Tract C: A parcel of land situate in the SE4NE4 of Section 23, Town- ship 6 South, Range 92 West of the 6th Principal Meridian, lying northerly and westerly of Access Road #2 as shown on the Amended Plat recorded as Reception #297768 in the Clerk and Recorders Office of Garfield County, Colorado and more particularly described as follows: Beginning at the Northeast corner of said Section 23, thence S35°23'25"W. 2262.60 feet to a point on the West line of said SE4NE4 of Section 23, the True Point of Beginning; thence along said West line of SE4NE4 NOO°30'59"W. 533.52 feet to the Northwest corner of said SE4NE4; thence along the North line of said SE4NE4, S89°57'00"E. 750.00 feet; thence leaving said North line S09°07'37"E. 744.63 feet to a point in the centerline of said Access Road #2; thence along said centerline on the arc of a curve to the left 186.43 feet with a radius of 357.12 feet, the chord of which is S79°18'58"W. 184.32 feet; thence leaving said center- line N32°27'21"W 600.00 feet; thence S53°10'11"W. 450.00 feet to the True Point of Beginning. Said parcel of land contains 9.23 acres more or less. Tract D: A parcel of land situate in the SE4NE4 of Section 23, Township 6 South, Range 92 West of the 6th Principal Meridian, lying northerly of Access Road #2 as shown on the Amended Plat recorded as Reception #297768 in the Clerk and Recorders Office of Garfield County, Colorado and more particularly described as follows: Beginning at the Northeast corner of said Section 23, thence along the East line of said Section 23, S00°31.'09"E 2081.78 feet to a point on the centerline of said Access Road #2, the True Point of Beginning; thence along said centerline of the road N85°43'43"W 467.23 feet; thence leaving said centerline N09°07'37"W. 744.63 feet to a point on the North line of said SE4NE4 of Section 23; thence along said North line S89°57'00"E 577.07 feet to the Northeast corner of said SE4NE4j thence along the East line of said SE4NE4 (the East line of Section 23) S00°32'09"E 769.54 feet to the True Point of Beginning. Said parcel of land contains 8.98 acres more or less. 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 impact created is not large enough to proceed through the full 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; NOW, THEREFORE, BE IT RESOLVED that the division of the above described tracts "A", "B", "C", and "D" from the above described 40.0 acre tract is hereby exempted from such definitions and said tract may be divided into tracts "A", "B", ':C", and "D", all as is more fully described above, and said divided tract may be conveyed in the form of such smaller tracts without further compliance with the aforesaid subdivision statutes and regulations; provided, however, that this exemption is granted on the condition and with the express understanding BOOK 548 PAGE 21. .and agreement of the Petitioner that no further exemptions be allowed on :said tracts "A" B "C" and D and that a copy of the instrument or instruments of conveyance when recorded shall be filed with this Resolution. ADOPTED the 12th day. of ATTEST. : 44/1t •GC`^' May Delputyerk'of the coard of County Commissioners Garfield County, Colorado , 1980. THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO Upon motion ` duly made and seconded the foregoing Resolution was adopted by the following vote: Richard C. Jolley Aye Larry Velasquez Aye Aye Flaven J. Cerise ......... .............. STATE OF COLORADO County of Garfield ss Commissioners , 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 Order is truly copied from the Records of the Proceedings 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, day :o f , A. D. 19 County Clerk and ex -officio Clerk of the Board of County Commissioners.