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HomeMy WebLinkAbout2.0 Resolution 80-28rr _ MAR "7 4198, r��cc. cis d/..,.,-.. L� t�-tr�:�tt_� ri'i. Recovti.c,�� . .302074. Idi11xed?l'r•aort, Rim tzrder STATE OF COLORADO County of Garfield ss - At a regular m sting of the, Board of County Commissioners for Garfield` County, Colorado held at the Court House in Glenwood Springs on Monday the 3rd ' day of March A. D. 19 8 0 there were present: Richard C. Jolley Commissioner Chairman Larry Velasquez Commissioner Commissioner Arthur A. Abplanalp, Jr. , county Attorney Nancy Sprick Page Deputy Clerk of the Board when the following proceedings, among others were had and done, to -wit: BOOK RESOLUTION NO. 80-28 RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE GARFIELD COUNTY: SUBDIVISION REGULATIONS WHEREAS, David Waller Dangler 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 32.33 acre tract described as follows: that parcel of land as described in Document No. 241557 as filed in the Office of the Clerk and Recorder of Garfield County, Colorado`` into 4 tracts of approximately 9.12, 12.99, 5.00, and 5.22 acres each, more or less, which proposed divided tracts are more particularly described as follows:. Tract A: A parcel of land situated in the SW4 of Section 13 and the SE4 of Section 14 all in Township 7 South, Range 88 West of the Sixth Principal Meridian, Garfield County, Colorado, more particularly described as follows: Beginning at the West Quarter Corner of said Section 13; thence S.62°24'09"E. 127.39 feet to the True Point of Beginning; thence south 691.43 feet; thence N.85°56'09"W. 351.41 feet; thence S.82°40'39"W. 38.90 feet; thence S.82°54'29"W. 70.71 feet; thence N.82°08'36"W. 21.05 feet; thence N.64°12'49"W. 20.51 feet; thence S.76°1711"W. 59.14 feet to a point on the easterly line of a 60 -foot road right-of-way; thence along a curve to the right, having a radius of 338.00 feet, a central angle of 01027'44", and arc distance of 8.63 feet (chord bears N.01°59'57"E. 8.63 feet) thence N.02°43'49"E. 44.47 feet; thence along a curve to the left, having a radius of 654.00 feet, a central angle of 09°08'28", an arc distance of 104.34 feet, (chord bears N.01°50'25"W. 104.23 feet); thence N.06°24'39"W. 140.98 feet; thence along a curve to the right, having a radius of 373.00 feet, a central angle of 160 53'35", an arc distance of 109.97 feet, (chord bears N.02°02'08" E. 109.58 feet); thence along a curve to the left, having a radius of 166.00 feet, a central angle of 48°18'45", an arc distance of 139.97 feet, (chord bears N.13°40'27"W. 135.86 feet); thence N.37°49'49"W. 66.94 feet; thence along a curve to the left having a radius of 512.00 feet, a central angle of 11°17'15", an arc distance of 100.87 feet, (chord bears N.43°28'27"W. 100.70 feet); thence N.49°07'04"W. 29.44 feet; thence leaving said easterly right-of-way line S.89°45147"E. 623.25 feet to a point on the east line of said Section 14; thence N.89°29'59"E. 110.30 feet to the True Point of Beginning, containing 9.12 acres, more or less. Tract B: A parcel of land situated in the SW4 of Section 13 and the SE4 of Section 14 all in Township 7 South, Range 88 West of the Sixth Principal Meridian, Garfield County, Colorado, more particularly described as follows: Beginning at the West Quarter Corner of said Section 13; thence S.08°33'19"E. 758.89 feet to the True Point of Beginning; thence East 114.41 feet; thence S.01°42'31"E. 697.18 feet; thence S.14°46'19"W. 113.76 feet; thence S.89°00'00"W. 310.00 feet; thence N.69°47'51"W. 232.58 feet; thence N.83°40'40"W. 249.23 feet to a BooK 544 FA0E649 point on the easterly line of a 60 foot road right-of-way; thence along a curve to the right having a radius of 956.00 feet, a central angle of 04°58'37" and an arc distance of 83.04 feet (chord bears N.08°01'13" E. 83.01 feet); thence along a curve to the right, having a radius of 943.00 feet; a central angle of 06°09'07", an arc distance of 101.25 feet, (chord bears N.13°35'04"E. 101.20 feet); thence N.16°39'38"E. 140.13 feet; thence along a curve to the left, having a radius of 1705.00 feet, a central angle of 03°46'02", an arc distance of 112.10 feet, (chord bears N.14°46'37"E. 112.08 feet); thence N.12°53'36"E. 79.25 feet; thence along a curve to the left, having a radius of 295.00 feet, a central angle of 25°38'53", an arc distance of 132.06 feet (chord bears N.00004'09"E. 130.96 feet); thence along a curve to the right, having a radius of 338.00 feet, a central angle of 14°01'22", an arc distance of 82.72 feet, (chord bears N.05°44'36"W. 82.52 feet); thence leaving said easterly right-of-way line N.76°17'11"E. 59.14 feet; thence 5.64°12149" E. 20.51 feet; thence S.82°08'36" E. 21.05 feet; thence N.82°54'29"E. 70.71 feet; thence N.82°40'39"E. 38.90 feet; thence 5.85°56'09"E. 351.41 feet to the True Point of Beginning; containing 12.9949 acres, more or less. Tract C: A parcel of land situated in the SW} of Section 13 and the SES of Section 14 all in Township 7 South, Range 88 West of the Sixth Principal Meridian, Garfield County, Colorado, more particularly described as follows: Beginning at the Southeast Corner of said Section 14, thence N.32°37'49"W. 758.36 feet to a point on the easterly line of a 60 foot county road right-of-way, the True Point of Beginning; thence N.38°21'24" W. 148.89 feet; thence N.22°32'25" W. 148.10 feet; thence N.27°18'12"W. 100.74 feet; thence N.33°59'16"W. 48.99 feet; thence N.33°51152" W. 77.16 feet; thence leaving said county road right-of-way and continuing along_ the easterly line of a 60 foot road right-of-way, along a curve to the right, having a radius of 956.00 feet, a central angle of 04°41'13", an arc distance of 78.20 feet (chord bears N.03°11'31"E. 78.18 feet); thence leaving said 60 foot right-of-way S.83°40'40"E. 249.23 feet; thence 5.69°47'51"E. 232.58 feet; thence N.89°00'00"E. 310.00 feet; thence 5.14°46'19"W. 285.59 feet; thence N.67°17'14"W. 200.00 feet; thence 5.48°52'58"W. 341.44 feet, to the True Point of Beginning; containing 5.0038 acres, more or less. Tract D: A parcel of land situated in the SW1 of Section 13 and the SE4 of Section 14, all in Township 7 South, Range 88 West of the Sixth Principal Meridian, Garfield County, Colorado, more parti- cularly described as follows: Beginning at the Southeast Corner of said Section 14, thence S.89°54'08"W. 307.94 feet, along the southerly line of said Section 14, to a point on the easterly line of a 60 foot Bounty road right-of-way; thence N.21°34'40"E. 209.95 feet; thence N.09 42'57"E. 66.92 feet; N.05°57'29"W. 108.44 feet; thence N.25°08'02"W. 54.45 feet; thence N.34°30'39"W. 229.95 feet; thence N.38°21'24"W. 40.00 feet; thence leaving the easterly line of said 60 foot county road right-of-way N.48°52'58"E. 341.44 feet; thence S.67°17'14"E. 200.00 feet; thence 5.14°46'19"W. 130.90 feet; thence N.89°54'45"W. 27.99 feet; thence 5.02°28150"E. 660.07 feet to the point of beginning, containing 5.22 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 BOOK 544 Pa1E 650 does not fall within_ the purposes of Part 1, Article 2R, Title 30, Colorado Revised:Statutes 1973, as amended, for the reason that the impact created is not large enough toproceed 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 32.22 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 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. ATTEST: De uty C1 efk f the Board of County ommissioners v Garfield County, Colorado THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO ri Chairm n Upon motion duly made and seconded the fore oin Resolution was adopted by the following vote: Richard C. Solley Aye Larry Velasquez Aye STATE OF COLORADO County of Garfield Aye 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 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 and ex -officio Clerk of the Board of County Commissioners.