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HomeMy WebLinkAbout1.0 Application• • BEFORE THE BOARD OF COUNTY COMMISSIONERS GARFIELD COUNTY, COLORADO PETITION FOR EXEMPTION Pursuant to C.R.S. (1973) Section 30-28-101 (10) (a) - (d) as amended, and the subdivision Regulations of Garfield County, Colorado, adopted January 2, 1979, Section 2.02.01 (d) and 3.02.01 the undersigned ALVIN L. CERISE and PATRICIA CERISE, respectfully petition the Board of County Commissioners of Garfield County, Colorado, to exempt by resolution the transfer of approximately .07 acres from one previously exempted Lot to another previously exemtped Lot, from the definitions of "Subdivision" and "subdivided land" as the terms are used and defined in C.R.S. (1973) Section 30-28-101 (10) (a)- (d) and the Garfield County Subdivision Regulations, for the reasons stated below: Adjustment of property boundaries to provide access to existing roadways. Practical Description of property location: 1 mile West of New Castle on U.S. Highway 6 & 24. In support of this petition, the petitioner also submits the following: A. B. C. D. E. J. Map drawn to scale showing proposed lot subdivison Copy of deed. Vicinity Map. Copy of Assessor's Map showing the property. Practical description of property location. Fee in the amount of $50.00. and access. Submitted at Glenwood Springs, Colorado, this 'Lot day of October, 1982. Patricia Cerise c/o Schenk & Kerst Suite 201, 817 Colorado Ave. Glenwood Springs, CO 81601 945-2447 Alvin L. Cerise c/o Charles M. Stoddard, Esq. P.O. Box 697 Glenwood Springs, CO 81602 945-7474 NAME :1 -j,ut, PURPOSE OF EXEMPTION: ,)/ � %� �L ¢' 9;03 EXEMPTION ZONING: ,,% QUALIFICATION FOR S.B. 35 (9%C.C/ 9 Cc1%-e LOCATION OF SITE: /«j'//ems 6Z 9/i)e 6--7 (C/'c>)K WATER: /-%a___ DIV. OF WATER RESOURCES RESPONSE: /762 SEWER: ie)c CHECK LIST: 51( FEE PAID ($50 +1.00/acre for each parcel created under 35 acres) XMAP showing proposed lots and access X DEED VICINITY MAP /'"%Z?, 100 yr floodplain info. j-)a_SOI L MAP ,- aIF community water, letter of approval from governing body COMMENTS: %0 X46 c mit7 • (-Solar • ojaz Counity P.G. 13o■ 1C3 1303187&322y Moon Silt, Colt,. /18112 AMENDED PARCEL NO. 4: A parcel of land situated in Lot 2 of Section 4, Township 6 South, Range 91 West of the Sixth Principal Meridian, Garfield County, Colorado, being more fully described as follows: Beginning at a point on the West line of said Lot 2, whench the North Quarter Corner of said Section 4 bears: N.00°33'33"W. 920.86 feet; thence N.82°54'38"E. 1132.29 feet; thence N.38°17'54"E.., 39.20 feet; thence. S.61°49'00"E. 47.68 feet; thence N.25'20'33"E. 56.22 feet: thence S.53°57'18"E.. 48.67 feet -to a .point on the Westerly line of a 30 foot roadway easement; thence 30.74 feet along the arc of a curve to the left having a radius of 115.00 feet, the chord of which bears: S.12°59'56"E. 30.65 feet, along said roadway; thence S.20°39'23"E. 28.26 feet along said roadway; thence 5.40°58'00"W. 284.55 feet; thence S.87°24'29"W. 1083.32 feet to a point on said West line; thence, N.00°33'33'W. along said West line, 150.00 feet to the point of beginning, containing 5.44 acres, more or less. Subject to the easements and/or rights-of-way of the Tompkins Ditch, Ware and Hinds Ditch, and utility lines, all as now constructed and in place. Also together with a 30 foot road easement to US Highway 6&24. The bearing source for the above described parcel of land is N.00°25'51"W. between the Southeast and Northeast Corners of said Lot 2. September 21, 1982 Job No. 79040 `So!ar Country P.O. Box 163 (3031 e762T?Z Mon Silt. Cob. *1 AMt AMENDED PARCEL NO. 3: A parcel of land situated in Lot 2 of Section 4, Township 6 South, Range 91 West of the Sixth Principal Meridian, Garfield Counth, Colorado, being more fully described as follows: Beginning at the North Quarter Cori:__ ` ,-'id Section 4, also being the Northwest Corner of said Lot 2; thence S.70°50'30"E. 1252.09 feet; thence N.89°34'09"E. 147.15 feet to a point on the East line of said Lot 2; thence S.00°25'51"E. along said East line, 580.41 feet to a point on the Northerly right-of-way line of US Highway 6&24; thence S.47°14'00"W. 40.58 feet along said right-of-way; thence N.00°25'51"W. 118.27 feet along the Westerly line of a 30 foot roadway easement; thence 21.32 feet along the arc of a curve to the left, having a radius of 160.00 feet, the chord of which bears: N.04°14'53"W. 21.30 feet to a point on the Southerly bank of the Ware and Hinds Ditch; thence S.50°43'40"W. 88.37 feet along said ditch bank; thence S.40°25'00"W. 111.00 feet along said ditch bank: thence S.87°24'29"W. 69.02 feet; thence N.40°58'00"E. 284.55 feet to a point on said road easement; thence N.20°39'23"W. 28.26 feet along said road easement; thence 30.74 feet along the arc of a curve to the right, having a radius of 115.00 feet, the chord of which bears: N.12°•59'56"W. 30.65 feet; thence N.53°57'18"W. 48.67 feet; thence S.25°20'33"W. 56.22 feet; thence N.61°49'00"W..47.68 feet; thence S.38°17'54"W. 39.20 feet; thence S.82°54'38"W. 1132.29 feet to a point on the West line of said Lot 2; thence N.00°33'33"W. along said West line, 920.86 feet to thepoint of beginning, containing 19.03 acres, more or less. Subject to the easements and/or rights-of-way of the Tompkins Ditch, Ware and Hinds Ditch, and utility lines, all as now constructed and in place. Also together with a 30 foot road easement to US Highway 6&24. The bearing source for the above described parcel of land is N.00°25'51"W. between the Southeast and Northeast Corners of said Lot 2. September 21, 1982 Job No. 79040 '.5 • Peach Valley Minor Sub. Ex. 2-H(S-F) j~ 7 2 S- F a 49 006 • R. 91 W. R. 90 W. 21 1 163 Tax Ex. • 9 16> I0 a 1 - CO 95 Count y • Y.U. Bo. IGS{ 13031 9 76 2122 Ma,n Silt, (.oIo. ®; Bi2 AMENDED PARCEL NO. 4: A parcel of land situated in Lot 2 of Section 4, Township 6 South, Range 91 West of the Sixth Principal Meridian, Garfield County, Colorado, being more fully described as follows: Beginning at a point on the West line of said Lot 2, whench the North Quarter Corner of said Section 4 bears: N.00°33'33"W. 920.86 feet; thence N.82°54'38"E. 1132.29 feet; thence N.38°17'54"E. 39.20 feet; thence S.61°49'00"E. 47.68 feet; thence N.25°20'33"E. 56.22 feet: thence S.53°57'18"E.. 48.67 feet -to a point on the Westerly line of a 30 foot roadway easement; thence 30.74 feet along the arc of a curve to the left having a radius of 115.00 feet, the chord of which bears: S.12°59'56"E. 30.65 feet, along said roadway; thence S.20°39'23"E. 28.26 feet along said roadway; thence S.40°58'00"W. 284.55 feet; thence S.87°24'29"W. 1083.32 feet to a point on said West line; thence N.00°33'33'W. along said West line, 150.00 feet to the point of beginning, containing 5.44 acres, more or less. Subject to the easements and/or rights-of-way of the Tompkins Ditch, Ware and I-Iinds Ditch, and utility lines, all as now constructed and in place. Also together with a 30 foot rod easement to US Highway 6&24. The bearing source for the above described parcel of land is N.00°25'51"W. between the Southeast and Northeast Corners of said Lot 2. September 21, 1982 Job No. 79040 • • `6oiar Country P.O. Box 163 !3031 87423211 Mem Silt. Cob. lb at AMENDED PARCEL NO. 3: A parcel of land situated in Lot 2 of Section 4, Township 6 South, Range 91 West of the Sixth Principal Meridian, Garfield Counth, Colorado; being more fully described as follows: Beginning at the North Quarte t _.. .said Section 4, also being the Northwest Corner of said Lot 2; thence S.70°50'30"E. 1252.09 feet; thence N.89°34'09"E. 147.15 feet to a point on the East line of said Lot 2; thence S.00°25'51"E. along said East line, 580.41 feet to a point on the Northerly right-of-way line of US Highway 6&24; thence S.47°14'00"W. 40.58 feet along said right-of-way; thence N.00°25'51"W. 118.27 feet along the Westerly line of a 30 foot roadway easement; thence 21.32 feet along the arc of a curve to the left, having a radius of 160.00 feet, the chord of which bears: N.04°14'53"W. 21.30 feet to a point on the Southerly bank of the Ware and Hinds Ditch; thence S.50°43'40"W. 88.37 feet along said ditch bank; thence S.40°25'00"W. 111.00 feet along said ditch bank: thence S.87°24'29"W. 69.02 feet; thence N.40°58'00"E. 284.55 feet to a point on said road easement; thence N.20°39'23"W. 28.26 feet along said road easement; thence 30.74 feet along the arc of a curve to the right, having a radius of 115.00 feet-, the chord of which bears: N.12°:59'56"W. 30.65 feet; thence N.53°57'18"W. 48.67 feet; thence S.25°20'33"W. 56.22 feet; thence N.61'49'00"W. 47.68 feet; thence S.38°17'54"W. 39.20 feet; thence S.82°54'38"14. 1132.29 feet to a point on the West line of said Lot 2; thence N.00°33'33"W. along said West line, 920.86 feet to thepoint of beginning, containing 19.03 acres, more or less., Subject to the easements and/or rights-of-way of the Tompkins Ditch, Ware and Hinds Ditch, and utility lines, all as now constructed and in place. Also together with a 30 foot road easement to US Highway 6&24. The bearing source for the above described parcel of land is N.00°25'51"W. between the Southeast and Northeast Corners of said Lot 2. September 21, 1982 Job No. 79040 "T 6 5., P. 9/ • o4 the 61h princta/ Meridian GJrf;Q.Jd County, Colorado This map is an amended map of Lots 3 and 4 as mapped by Solar.Country on June 9, 1981 by field survey and corners set on September 17, 1982 • %e 'Parcel No. and 7Ompt.in5 03 0 "o .L 0 T (Svc. 4) N.89°34'09',E. 14T.15 tn rn m 0 0 0 -PAPcE L NO. 3 19.0 3 Ac. t -ITOmoo. ti. 0.0-15V "w. / MSW .&,' Eoad /Easement U.VrNWP E. r. ZS' N ZS°Z0'33"E AL 8 I7'54"E. Sb.2L' .99.Lo* N BL• 54%38" 113Z. Z9' 5.8T° 4' 29''W• //52.34-' Parva/ No. / �45"/ c 6. �s1 V46 Cu1.vE DATA #A - Parcels #1 & #3 R = L= CH = 07'38'04" 160.00' 21.32' N.04'14'53"W. 21.30' #2 = 49'27'42" R = 100.00' L = 86.33' CH = N.04'14'28"E. 83.67' #1 #3 A = 20'13'32" p = 29°14'10" R = 175.00' R = 190.00' L = 61.77' L = 96.95' CH = N.10'32'37"W. CH = N.14'11'14"E. 61.46' 95.90' IIB - Parcel #4 A=15'18'55" R = 115.00' L = 30.74' CH = N.12'59'56"W. 30.65' September 21, 1982 Job No. 79040 PARCEL NO. 3 - 19.03 Ac.+ PARCEL NO. 4 - 5.37 NOTE: Ac.+ 41 = No. 5 Rebar with Yellow Survey Cap set 0 = Corner found in place 0 T 6 S R 4P/14( OF 7-1/4 5"-771 /PM Gi9RF/ELZ) couAvT y coc, oeAOO N. 89°i0"z4"�' /S2 6 80' (iMa9'iioo"E. /324604') �ARCE L No. 2 LOT 2 (sec. 4) se? 3.9 o9'W .47. is' 0 0 eN Pi91eCEG No. 3 ,23-444 P RCEL. No. ¢ S37 A a .5', \ ° $'bp eik 4) •.1 0 NJ Lire.' 0 t t�f 4d•+✓3: 1. o2. /a93. 3a. N. 87. 24' 29" E. /152.34' 4/•40'2S'00'E. /Ade N•SO'43'40"6. IM p� 06 ?Vi I« o / d9 RCEL No. / 6.62 .'9c. ± �.�°�`,� �� k cg�0 .0r N e / 1 k 1.6 Al /o//. Z0' / ► '3/2. ;'/C' 41. 5.88°S '38' ($.ers7'oo"w,''id24.ed') CURVE DATA #A Parcel #1 a = 07°38'04" R = 160.00' L = 21.32' CH = S.04°14'53"E. 21.30' #1 p = 20°13'32" R = 175.00' L = 61.77' CH = N.10°32'37"W. 61.46' #B Parcel # 4 = 15618'55" R = 115.00' L = CH = N.12°59'56"W. 30.65' • /323 94' � 0�`q: b t R #2 = 49°27'42" R = 100.00' L = 86.33' CH = N.04°14'28"E. 83.67' #3 p = 29°14'10" R = 190.00' L = 96.95' CH = N.14°11'14"E. 95.90' PARCEL NO. 3 19.10 Ac. + PARCEL NO. 4 5.37 Ac. + AMrAlprA - REvesry 9/2//g SCALE: 1" . 20a' This map was prepared from a map drafted by Solar Country on November 6, 1979, (# 79040) June 9, 1981 Job No. 79040 Nece: Reception 2:o. /o • • 253903 __ Ella Ella Stephens. Recorder L MAR 6 ME' TRUSTEES' DEED THIS TRUSTEES' DEED, made this 'L day of BUUK506 PACE 829 SiATE "...., ;.- MAR 6 ?979 1978, between ROBERT S. ZIMMERMAN and THE COLORADO NATIONAL BANK OF DENVER, a national banking association organized and doing business under the laws of the United States, as Trustees under the Will of Henry P. Williams, Jr., as duly admitted to probate in the District Court in and for Garfield County, Colorado, No. 10-3482, on April 3, 1968, Grantors, and ALVIN L. CERISE and PATRICIA A. CERISE, Grantees, whose address is 50591 U.S. Highway 6 & 24 - Glenwood Springs, CO 81601, WITNESSETH, Grantors, for and in consideration of the sum of $16,000.00, hereby grant, bargain, sell and convey to Grantees, not as tenants in common but as joint tenants, all of the following described real estate situate in the County of Garfield, State of Colorado, to -wit: Township 6 South, Range 91 West, 6th P.M. Section 4: Lot 2 Together with all the hereditaments and appurtenances thereunto belonging and all of the right, title, interest, estate, claim and demand whatsoever of the Grantors either in law or equity, of, in and to the above-described property; TO HAVE AND HOLD the above-described property, with all appurtenances, unto the Grantees, their heirs and assigns; and the Grantors, for themselves and their successors, warrant the title against all persons claiming under them. IN WITNESS WHEREOF, Grantors have executed this Trustees' Deed the day and year first above written,. ATTEST: Personal Trust Officer of The Colorado National . w Bank- of Denver tel; L T `:OF COLORADO �_ ) ss. i86001 -TND COUNTY OF DENVER) By: • euuc-ICG rnGE 630 LA- L.-•� ti.. tip_ and THE COLORADO NATIONAL BANK OF DENVER G Vice President and Trust Officer, as Trustees under the Will of Henry P. Williams, Jr. '-.The within and foregoing instrument was acknowledged before j' this ;)/y-/ day of -; ..� , 1978, by //,,L,114,#1,9/Al, as Vice President and 'rust Officer, and Di4v/ r7 AT. e.->E'y 'Y's,., Personal Trust Officer of the Colorado National Bank of D.ZAvcitl Trustees under the Will of Henry P. Williams, Jr. Witness my hand and official seal._ t My commission expires: ! /‘?-'17"•%, "o,c,- ; a ///( / 'i";-1-rI Notary Publdic STATE OF COLORADO COUNTY OF GARFIELD me as ss. "IC The within and foregoing instrument was acknowledged before this MIL day of [(t. C / , 1978, by Limbert S. Zimmerman, Trustee under the Will of Henry P. Williams, Jr. Witness my hand and official seal. „" '' My.commission expires: 16 • ;L:221'7 / `r� Notary Public/ - - 7/7//)/,4 9/- G/5 / / .0 co UN 7 y , C c,2 A&0 N. 89°/0 Z4"E, /523'1.94.') /526 (90. (Iti=L7'/ioo"C. Li.) I l i'S. PARCEL No. 2 7. 24 fisc. r ZOr 2 � c. �) SLS -51 co•kir; PP R C E L AJc 3 19. /D Ac. .13rrt., ,So dao'2rs'✓ I /4.2.5....7p. 1 3' rn a 0 0 7. s 0 tw 0 fl 0 A ac' S! c of ' `' oo- 1159.12. S. 9e °.3 (S Se.S? .o c ..', /3' 2 q. eS • ) C('RVE DATA A Parcel = 07'3g704" = 160.00' = 21.32' = S.04'14'53"E. 21.30' 20'13'32" 175.00' = 61.77' = n. l0' 32'37"1.'. 61.1j6' 11 Parcel 4 = 15.181-55" = 115.00' = 30.74' '12 6 = 49'27'42" R = 100.00' L = 86.33' CH = 1:.04'14'28"E. 83.67' P3 0 = 29'14'10" R = 190.00' L = 96.95' CH = 1:.14'11'14"E. 95.90' 5 ft D A5 o `5. � o � I 1 .o :� , A z. i A1. /l5 r'- 4-t b PARCEL NO. 3 19.10 Ac. + PARCEL NO. 4 5.37 Ac. + 1 A( r �•r' .Nt;•arc-d from a map drafted by Solar Country on November 6, 1979, (i 790-P) t, ,..,1 BEFORE THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO RESOLUTION NO. 79-143 WHEREAS, Alvin L. and Patricia A. Cerise have 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 37.80 acre tract described as follows: that parcel of land as described in Document No. 283903 as filed in the Office of the Clerk and Recorder of Garfield County, Colorado into 3 tracts of approximately 24.27, 6.62, and 7.24 acres each, more or less, which proposed divided tracts are more particularly described as follows: Tract A: A parcel of land situated in Lot 2 of Section 4, Township 6 South, Range 91 West of -the Sixth Principal Meridian, Garfield County, Colorado, lying Northwesterly of the Northwesterly right-of-way line of U.S. Highway 6 & 24, said Parcel No. 1 is more fully described as follows: Beginning at the Southwest Corner of said Lot 2; thence N.00°33'33" W. along the Westerly line of said Lot 2, 225.00 feet to a po Th t whence the North Quarter Corner of said Section'4, being the Northwest Corner of said Lot 2, bears: N.00°33'33"W. 1070.86 feet; thence from said point N.87°24'29"E. 1152.34 feet to a point on the Southerly bank of the Ware and Hinds Ditch; thence N.40°25'00"E. 111.00 feet along said ditch bank; thence N.50°43'40"E. 88.37 feet along said ditch bank to a point on. the Westerly easement line of a 30 foot road ease- ment; thence, along said easement line, 21.32 feet along the arc of a curve to the right, having a radius of 160.00 feet, the chord of which bears: S.04°14'53"E. 21.30 feet; thence S.00°25'51"E. along said easement line, 118.27 feet to a point on said right-of-way line; thence 5.47°14'00"W. along said right-of-way line 382.47 feet to a point on the Southerly line of said Lot 2; whence the Southeast corner of said Lot 2 bears: N.88 57'38"E. 312.74 feet; thence from said point: S_RR°.r,7'3R"W. alonn said Southerly line 1011.20 feet to the Southwest corner of said Lot 2, the point of beginning. c • AO_ _ The above described Parcel No. 1 contains 6.62 acres, more or less. Tract B: A parcel of land situated in Lot 2 of Section 4, Township 6 South, Range 91 West of the Sixth Principal Meridian, Garfield County, Colorado, being more fully described as follows: Beginning at the North Quarter Corner of said Section 4, also being the Northwest Corner of said Lot 2, thence N.89°10'24"E. 1326.80 feet along the Northerly line of said Section 4; thence S.00°25'51"E. 428.96 feet along the Easterly line of said Lot 2; thence S.89°34'09" W. 147.15 feet; thence N.70°50'30"W. 1252.09 feet to the point of beginning. The above described Parcel No. 2 contains 7.24 acres, more or less. Tract C: A parcel of land situated in Lot 2 of Section 4, Township 6 South, Range 91 West of the Sixth Principal Meridian, Garfield County, Colorado, being more fully described as follows: Beginning at the North Quarter Corner of said Section 4, also being the Northwest Corner of said Lot 2; thence 5.70°50'30"E. 1252.09 feet; thence N.89°34'09"E. 147.15 feet to a point on the Easterly line of said Lot 2; thence S.00°25'51"E. along the Easterly line of said Lot 2, 580.41 feet to a point on the Northwesterly right-of-way line of U.S. Highway 6 & 24; thence S.47°14'00"W. 40.58 feet along said right-of-way line; thence N.00°25'51"W. 118.27 feet alopg the Westerly easement line of a 30 foot road easement; thence 21.32 feet along the arc of a curve to the left, having a radius of 160.00 feet, the chord of which bears: N.04°14'53"t!. 21.30 feet to a point on the Southerly bank of the Ware and Hinds Ditch; thence S.50°43'40"W. 88.37 feet along said ditch bank; thence 5.40°25'00"W. 111.00 feet along said ditch bank; thence S.87°24'29"W. 1152.34 feet to a point on the Westerly line of said Lot 2; thence N.00°33'33"W. along the Westerly line of said Lot 2; 1070.86 feet to a point of beginning. The above described parcel of land contains 24.47 acres, more or less. Tracts "A", "B", and "C" are located in the State of Colorado and 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 impact i created is not large enough to proceed through the full subdivision review; and WHEREAS, the Petitioners have demonstrated to Board of County Commissioners of Garfield County, reasonable probability.of locating domestic water 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 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, BE IT RESOLVED that the division of the above described tracts "A", "B", and "C" from the above described 37.8 acre tract is hereby exempted from such definitions and said tract may be divided into tracts "B", and "C", 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 c;;emption is granted on the condition and with the express understanding and agreement of the Petitioners that no further exr ti p allowed on said tracts "A" and "B", and that a copyp ons be of the instrument or instruments of conveyance when recorded shall be filed with this Resolution Dated this AL day of A.D.4u7f,•U 1979. - THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO the satisfaction of the Colorado, that there is a on each of said tracts, or larger development and ATTEST: 4-Y11/ Deputy Cl o f tCo un Garfield fir( rk' of the Board t Commissioners County, Colorado rATE OF COLORADO County of Garfield At a x.e.gLalaz meeting of the Board of County Commissioners for Garfield County, Colorado, held at the Court House in Glenwood Springs on .j` O.D.day 22.th day of , the... JUn Q A. D. 19 13.1., there were present: ss. I rry Vel, $g.1�e.z .FJ. vQn J,-...� .�..se Eugene "Jim" Dxinkl}ou,se Arthur A. Abplanalp, Jr. Cheryl J. Koss, Deputy when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 81-199 , Commi: sioner Chzirman , Commissioner , Commissioner , County Attorney , Clerk of the Board RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE GARFIELD COUNTY SUBDIVISION REGULATIONS FOR ALVIN AND PATRICIA CERISE. WHEREAS, Alvin andPatricia Cerise have petitioned the Board of County Commissioners of Garfield County, Colorado, for an exemption from the terms subdivision and "sub- divided 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 24.5 acre tract described as follows: In Document No. 283903 filed in the Office of Clerk -and Recorder of Garfield County, Colorado into 2 tracts of approximately 4.75 and 19.5 acres each, more or less, which proposed divided tracts are more particularly described as follows: Tract A: A parcel 1:)f land situated in Lot 2 of Ser -tion 4, Township 6 South, Range 91 West of the 6th,Principal Meridian, Garfield County, Colorado, being more fully described as follows: Beginning at the Ndrth Quarter Corner of said Section 4, also being the Northwest corner of said Lot 2; thence S 70°50'30" E 1252.09 feet; thence N 89°34'09" E 147.15 feet to a paint on the East line of said Lot 2; thence S 00°25'51" E along said East line, 58Q.41 feet to a point on the Northerly right-of-way line of U.S. Highway 6 & 24; thence S 47°14'00" W 40.58 feet along said right-of-way; thence N 00°25'51" W 118.27 feet along the westerly line of a 30 foot roadway easement; thence 21.32 feet along the arc of a curve to the left, having a radius of 160.0r feet, the chord of which bears: N 04°14'53" W 21.30 feet to a point on the South- erly bank of the Ware and Hinds Ditch; thence S 50°43'40" W 88.37 feet along said ditch bank; thencelS 40°25'00" W 111.00 feet along said ditch bank; thence S 87° 24'29" W 69.02 feet'; thence N 40°58'00" E 284.55 feet to a point on said road ease- ment; thence N 20°39'23" W 28.26 feet along said road easement; thence 30.74 feet along the arc of acurve to the right, having a radius of 115.00 feet, the chord of which bears; N 1;2°59'56" W 30.65 feet; thence S 40°58'00" W 58.00 feet; thence N 49°35'00" i ,r 33.35 feet; thence S 82°54'38" W 1199.12 feet to a point on the West line of said Lot 2 thence N 00°33'33" W along said West line, 920.86 feet to the point of beginning containing 19.10 acres, more or less. Tract B: A parcelsof land situated in Lot 2 of Section 4, Township 6 South, Range 91 West of the Six>ih Principal Meridian, Garfield County, Colorado, being more fully described as follows: Beginning at a point on the West line of said Lot 2, whence the North Quarter corner of said Section 4 bears N 00°33'33" W 920.86 feet; thence N 82°54'38" E 1199.12 feet; thence S 49°5'00" E 33.55 feet; thence N 40°58'00" E 58.00 feet to a point on the Westerly line of a 30 foot roadway easement; thence 30.74 feet along the arc of a curve to the left, having a radius of 115.00 feet, the chord of which bears: S 12°59'56" E 30.61 feet, along said roadway; thence S 20°39'23" E 28.26 feet along said roadway; thence S 40°58'00" W, 284.55 feet; thence S 87°24'29" W 1083.32 feet to a point on said West line; thence N 00°33'00" W along said West line, 150.00 feet to the point f beginning, containing 5.37 acres, more or less; • Subject to the easements and/or right-of-ways of the Tompkins Ditch, Ware and Hinds Ditch, and utility lines, all as now constructed and in place. Also to- gether with a 30 foot road easement to U.S. Highway 6 & 24. The bearing source for the above described parcel of land is N 00°25'51" W between the Southeast and Northeast Corners of said Lot 2; 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 impact created does not warrant a full 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 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" and "B" from the above described 24.5 acre tract is hereby exempted from such definitions and said tract may be divided into tracts "A" and "B", 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 and agree- ment of the Petitioners that no further exemptions be allowed on said tracts "A" and "B" and that a copy of the instrument or instruments of conveyance when recorded shall be filed with this Resolution. ATTEST: C' Deputy Cle of a Board of County Commit' ioners Garfield County, Colorado THE BOARD OF COUNTY COMMISSIONERS GARFIELD )OUNTY, COLORADO - BY: Cha Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: Larry Velasquez Aye Flaven J. Cerise Aye Eugene "Jim" Drinkhouse Aye Commissioners STATE OF COLORADO County of Garfield 1, , 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 fcregning Order is't-uly cgpied frorn the Records o: 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, this day of , A. 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