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Home My WebLink About2.0 Resolution 81-199STATE OF COLORADO County of Garfield BOOK 575 PAGE 50 ss. Recorded at ill' o _Iick ./J M. JUN 3 0 1981 Reception No. 316454 MILDRED ALSDORF, RECORDER At a Xg.g1,11AX meeting of the Board of County Commissioners for Garfield County, Colorado, held at the Court House in Glenwood Springs on .NMon ay , the...2.9.th_ day of J.11 4' A. D. 19 al , there were present: 1,Js Z' 'Y Vg14 1.11Q.z Fn..... cp: pe Eugene "Jim" Drinkhoue Arthur A. Abplanalp, Jr. Cheryl J. Koss, Deputy when the following proceedings, among others were had and done, to -wit: , Commissioner Chairman , Commissioner , Commissioner , County Attorney , Clerk of the Board RESOLUTION NO. 81-199 RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE GARFIELD COUNTY SUBDIVISION REGULATIONS FOR ALVIN AND PATRICIA CERISE. WHEREAS, Alvin and Patricia 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 of land situated in Lot 2 of Section 4, Township 6 South, Range 91 West of the 6th 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 S 70°50'30" 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 21.30 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; 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 ease- ment; 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 S 40°58'00" W 58.00 feet; thence N 49°35'00" W 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 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, 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°35'00" 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 30.65 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°33'00" W along said West line, 150.00 feet to the point of beginning, containing 5.37 acres, more or less; Boa 575 PAGE 7 51 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 00025'51" 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 E --taller tracts without further compliance with the aforesaid subdivision statutes and regu tions; provided, however, that this exemption is granted on the condition and with the ex ss 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. THE BOARD OF COUNTY COMNISSIONERS GARFIELD CO1J TY, COLORADO BY: ATTEST: l Deputy Clery of e Board of County Comm}' loners Garfield County, Colorado Cha i,rtimp 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 STATE OF COLORADO SS County of Garfield 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, this day of , A. D. 19 County Clerk an' ax -officio Clerk of the Board of County Commissioners.