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HomeMy WebLinkAbout4.0 Resolution 91-011FECORDED AT P3'1 O'CLOCK/9.M. JAN 29 1991 FEC k 420746 MILDRED ALSDORF, COUNTY CLERK, GARFIELD COUNTY COLORADO STATE OF COLORADO )ss /\ County of Garfield N). -- B 797 PGCE i 72 RECRr ED FEB 27'91 WATER RESu'_;: CCS STATE EIWNEER COLO. At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Commissioners Meeting Room, Garfield County Courthouse, in Glenwood Springs on Monday , the 28th of jannary A.D. 19 91 , there were present: Arnold L. Mackley , Commissioner Chairman Elmer (Buckey) Arbaney , Commissioner Marian I. Smith , Commissioner Don DeFord , County Attorney Mildred Alsdorf , Clerk of the Board Chuck Deschenes , County Administrator when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. qi -ni l A RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE GARFIELD COUNTY SUBDIVISION REGULATIONS FOR CLARENCE AND BETTY DAWSON. WHEREAS, Clearance and Betty Dawson 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 April 23, 1984, Section 8:00 through 8:60 and for the division of a 59.22 acre tract as described in Book 544, Page 25, as filed in the Office of the Clerk and Recorder of Garfield County, Colorado, into three parcels of approximately 29.22 acres, 20.00 acres and 10.00 acres each, more or less, which proposed divided tracts are more practically, described as follows: Parcel 1: Parcel 2: Parcel 3: See Attached See Attached See Attached (in the State of Colorado and the 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 division does not warrant further 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 rrobability of locating do -est c water on each of said parcels, that there is existing ingress and egress to said parcels, 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; BOOK '797 PAGE773 NOW, THEREFORE, BE IT RESOLVED that the division of the above described parcels "1", "2" and "3" from the above described 59.22 acre tract is hereby exempted from such definitions and said tract may be divided into said parcels "1", "2" and "3" and may be conveyed in the form of such parcels "1", "2" and "3", all as is more fully described above and that a copy of the instrument or instruments of conveyance when recorded shall be filed with this Resolution. Dated this o.(87� day of ATTEST: srk of the Board A.D. Mg/ . GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFIELD COUNTY, COLORADO Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: Arnold L. Mack1 y Elmer (Buckey) Arbaney Marian T. Smith STATE OF COLORADO ) )s8 County of Garfield ) WATER RESOURCES STATE ENCI4ELII COLO. IF , 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 •---- Resolution is truly copied from the Records of the Proceedings of the Board of County Commissioners for said Garfield County, now in my office. , Aye , Aye , Aye FES '91 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 DAWSON SUBDIVISION EXEMPTION NO. 2 LEGAL DESCRIPTIONS BOOK 797 fAtE774 RECE " ED FEB 27'91 WATER RLS U:.C'=S STATE ENGINEER LOT 1 CO10• A parcel of land being a part of H.E.S. No. 53, situated in Township 4 South, Range 91 West of the 6th P.M. said parcel being described as follows: Beginning at a rock found in place and properly marked for Corner No. 5 of said H.E.S. No. 53 whence the U.S.L.M. H.E.S. 54 Corner No. 1 bears N 08°10'00" E 55.08 feet; thence S 09°48'25" E 1486.38 feet to Corner No. 6 of said H.E.S. No. 53; thence S 15°56'08" E 476.48 feet; thence N 85°40'57" W 553.35 feet; thence N 18°02'22" W 839.18 feet; thence N 64°55'23" W 543.10 feet; thence N 11°19'29" W 301.50 feet to Corner No. 4 of said H.E.S. 53; thence N 60°20'13" E 1126.37 feet to the point of beginning containing 29.22 acres more or less. LOT 2 A parcel of land being a part of H.E.S. No. 53, situated in Township 4 South, Range 91 West of the 6th P.M. said parcel being described as follows: Beginning at a point whence Corner No. 5 of said H.E.S. No. 53 bears N 47°08'54" E 1254.31 feet; thence S 64°55'23" E 543.10 feet; thence S 18°02'22" E 839.18 feet; thence N 85°40'57" W 555.83 feet; thence N 11°19'29" W 1005.85 feet to the point of beginning containing 10.00 acres more or less. LOT 3 A parcel of land being a part of H.E.S. No. 53, situated in Township 4 South, Range 91 West of the 6th P.M. said parcel being described as follows: Beginning at a point whence Corner No. 5 of said H.E.S. No. 53 bears N 21°25'58" E 1975.97 feet; thence S 85°40'57" E 1109.18 feet; thence S 15°56'08" E 665.78 feet to Corner No. 7 of said H.E.S. No. 53; thence S 78°42'08" W 1036.37 feet to a point on the easterly right-of-way of that county road described at Book 117, Page 483 in the Office of the Garfield County Clerk and Recorder; thence N 24°57'00" W 361.89 feet; thence N 11°19'29" W 610.50 feet to the point of beginning containing 20.00 acres more or less.