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Home My WebLink About3.0 Resolution 82-311STATE OF COLORADO County of. Garfield Ata - re ffular SS. n B00 461 Recorder; at "�' ' G'.�n^.(; (�`' M. o C n -anon P iJ 1 L� 1 .� f) Reception No. 335139 WA ED ALSDORF, RECQRDFR meeting of the Board of County Commissioners for Garfield County, Colorado, .. i.heldattheCourrHouseinGlenwoOdSpringson Monday , the 13th DecemberA. D. 19 82 , there were present: Flaxen J. Cerise , Commissioner Chairman Eugene "Jim" Drinkhouse Commissioner Larry Velasquez , Commissioner Earl Rhodes r Mildred Alsdor.f ,.County Attorney Clerk of the Board when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 82-311 A RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE GARFIELD.COUNTY :'SUBDIVISION```. REGULATIONS FOR ALVIN'AND PAT CERISE. day of WHEREAS, Alvin and Pat. Cerise have petitioned the Board of County Commissioners.-. of .Garfield County, Colorado, for an exemption from the definitionofthe 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 19.10 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 and also described in Resolution No. 81-199 as passed by the Board of County Commissioners of Garfield County, Colorado into 2 tracts of approximately. 19.03 and .07 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 in Garfield County, Colorado, being more fully described as follows: Beginning at the North Quarter Corner of said Section 4, also being to 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 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 160.00 feet, the chord of which bears: N.04°14'53"W. 21.10 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'OO"W. 111.00 feet along said ditch bank: thence S.87°24'29"W. 69.0.2. feet; thence N.40°58'O0"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°59156"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 the point of beginning, containing 19.03 acres, more or less. Subject to the easements and/or right-of-way; of the Tomkins . Ditch, Ware and Hinds Ditch and utility lines, all as now constructed and in'place. Also together 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. • TRACT Bi 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 Beginningat a pointon the northerlyline of Amended Par.cel:No...4 in said Lot . 2; . whence the . North Quarter Corner of saiVSe.C.tioty. bears•. 14 N. 55°24'34"W. 1375.83 feet; thence, along said northerly line, 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 easterly line of a 30 foot road easement; thence, leaving said northerly line and road easement, S.40°58'00"W: 58.00 feet; thence N.49°35'00"W_ 33.35 feet; thence S.82°54'38"W. 66.83 feet to the point of beginning, containing 0.07 acres, more or less. Subject to easements of record and/or utility lines as now constructed and in place. The bearing source for the above described parcel of landis N.000 25'51"W. between the Southeast and Northeast Corners of said Lot 2. The above described parcel is situated between Parcels 3 and 4 as mapped by Solar Country on June 9, 1981. (in the State of Colorado and County of Garfield); and WHEREAS, the Petitioners have demonstrated to the satisfaction of the Board of County Conunissioners 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 property split is solely for the purposes of adjusting property boundaries and no new lots are created by this action; 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 definitions 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 7:hat the division of the above described tracts "A" and "B" from the above described 19.10 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 agreement 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; and further, that this. property split is solely for the purposes. of adjusting property boundaries, and no new lots are created by this action. ATTEST: Clerk of the Board BOARD OF COUNTY COMMIS IONERS GARFIELD COUNTY, COL0 'rman Pro T Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: Aye Aye Aye STATE OF COLORADO ss County of Garfield Commissioners 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 Order is truly copied from the Records of the Proceedings of the Board of County Corr ..issioners 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.