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HomeMy WebLinkAbout3.0 Resolution 91-034STATE OF COLORADO )ss County of Garfield At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held at the Commissioners' Meeting Room at the Garfield County Courthouse in Glenwood Springs on the 15th day of April A.D. 1991 , there were present: Arnold L. MacklPy ,Amer (Buckey) Arbaney Marian I. Smith Don DeFord Mildred Aldorf Chuck Deschenes when the following proceedings, to -wit: , Commissioner Chairman , Commissioner , Commissioner , County Attorney , Clerk of the Board , County Administrator among others were had and done, RESOLUTION NO. 91-034 A RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE GARFIEILD COUNTY SUBDIVISION REGULATIONS FOR CLARENCE AND BETTY DAWSON. WHEREAS, Clarence 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 20 acre tract as described in Book 693, Page 807, as filed in the Office of the Clerk and Recorder of Garfield County, Colorado into two parcels of approximately 12.39 acres and 7.22 acres each, more or less, which proposed divided tracts are more practically described as follows: Parcel 1: See Attached Parcel 2: 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 probability of locating domestic 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; • NOW THEREFORE, BE IT RESOLVED that the division of the above described parcels "1" and "2" from the above described 20 acre tract is hereby exempted from such definitions and said tract may be divided into said parcels "1" and "2" and may be conveyed in the form of such parcels "1" and "2", 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. w Dated this /5 day of ATTEST: lerk of the Board , A.D. /%9/ GARFIELD COUNTY BOARD OF COUNTY COMMISSIONERS Chairman Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: Arnold L. Mackley Elmer (Buckey) Arbaney Marian I. Smith Aye Aye Aye STATE OF COLORADO ) County of Garfield ) 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 Resolution 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. LEGAL DESCRIPTION PARCEL 1, DAWSON SUBDIVISION EXEMPTION A parcel of land in the N1/2, NW1/4, NW1/4 of Section 25, T5S, R91W of the 6th P.M. being more particularly described as follows: Beginning at a B.L.M. Brass Cap found in place at the NW Corner of said NW1/4, NW1/4; thence N 89°40'05"E 516.30 feet along the North line of said NW1/4, NW1/4 to a point on the Southerly Right -of -Way of County Road 247; thence along said Southerly Right -of -Way line 189.32 feet along the arc of a non -tangent curve to the left having a central angle of 31"54'15" and a radius of 340.00 feet the chord of which bears S 81°47'04"E 186.89 feet; thence N 82°15'48"E 37.34 feet; thence 100.00 feet along the arc of a curve to the right having a central angle of 8°22'44" and a radius of 683.82 feet the chord of which bears N 86°27'10"E 99.91 feet; thence departing said Southerly Right -of -Way line S 02°04'01 382.22 feet; thence S 16°25'10"W 270.27 feet to a point on the Southerly line of said N1/2, NW1/4, NW1/4; thence along said Southerly line S 89°31'37"W 770.19 feet to the SW Corner of said N1/2, NW1/4, NW1/4; thence N 00°27'07"W 660.10 feet to the point of beginning containing 12.39 acres more or less. PARCEL 2, DAWSON SUBDIVISION EXEMPTION A parcel of land in the N1/2, NW1/4, NW1/4 of Section 25, T5S, R91W of the 6th P.M. being more particularly described as follows: Beginning at a point on the Southerly Right -of -Way of County Road 247 whence a Brass Cap found in place at the NW Corner of said Section 25 bears N 89°08'42"W 838.08 feet; thence along said Right -of -Way S 89°21'28"E 487.42 feet to a point on the Easterly line of said N1,2, _vW1/4, NW1/4; thence along said Easterly line S 00°14'18"E 631.19 feet to a the SE Corner of said N1/2, NW1/4, NW1/4; thence along the Southerly line of said N1/2, NW1,4, NW1/4 S 69°31'37" W 552.64 feet; thence departing said Southerly line N 16°25'10'3 270.27 feet; thence N 04°02'01"W 382.22 feet to the point of beginning containing 7.22 acres more or less.