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HomeMy WebLinkAbout3.0 Resolution 80-206STATE OF COLORADO SS. County of Garfield Recorder► f o'clock 0 / � Y Recepl;on No. 3'i. 69 1 . MILDRED ALSDCRF, RECQRDER ,,h : a 7�1 E'!GESLi9 AUG 2 8 1980 At a . meeting of the Board of County Commissioners for Garfield County, Colorado,_ held at the Court House in Glenwood Springs on I`iQI.ilay ., 7 1 h d._ f U.gUS.t A. D. 19...8.0 ..... , there were present:; 11z bltxx ...A.....RlsXl7.i?........ ......... Commissioner Chairman Commissioner Commissioner County. Attorney Clerk of the Board - when the following proceedings, among others were had and done, to -wit RESOLUTION. NO. 80-206 RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE GARFIELD COUNTY SUBDIVISION REGULATIONS FOR ROBERT CARMACK WHEREAS, Robert Carmack 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 2102.21 (d) and 3.02.01 for the division of a 4.168 acretract described' as follows: In' document No. 283878 in book 461, page 258 in the office of Clerk and recorder of Garfield County, Colorado, into 3 'tracts'. of approximately 3.93, 1 .50 and .088 acres each, :more or Tess which proposed divided tracts are more particularly described as follows: Tract A.: A parcel of °_land situated in the 'SE4 NE4 and the :NEa SE of Section 4, Township 6 South, Range 93 West of the 6th Principal Mer- idian and being more particularly described as follows: Beginning at the Southeast corner of Section 36, Township 5 South, Range 93 West, thence':S27°21'53"W 3060.47 feet to a point on the Southeasterly right-of-way of County Road 7296, the True Point of Beginning, all bearings contained herein being relative to a bearing of N00°37'00"W on the centerline of :Railroad Avenue in the City of Rifle, Colorado;. thence 79..38 feet along the arc of a 296.98 foot radius curve to the left, which arc subtends a chord bearing of. S82o37'56"E 79.14 feet; thence'S52°59'08"W 104.72 feet; thence S21023'23"W 127.86 feet; thence N69°46'131,1 250.30 feet -to a point on the Easterly 'right-of-way of State Highway #13; thence along; said right-of-way 9.00 feet along thearc of a 2342.00 foot radius curve to the left, which arc subtends a chord bearing of. M18052'20"E 561.03 feet to the intersection with the Southeasterly right-of-way of - County Road #296; thence along said county` road right-of-way N45° 23'00"E 93.63 feet to the True Point of Beginning. Said parcel of land contains 3:93 acres more or less: Tract B:A parcel of land situated in the SE' NE1 of Section 4, Town- ship 6 South, Range 93 West of the 6th Principal Meridian and being more particularly described as follows: Beginning at the`Southeas corner of Section 36, Township 5 South, Range 93 West, thence •S27 21'53"W 3060.47 feet to a point on: the Southeasterly right-of-way•of County Road #296, the True Point of Beginning, all bearings contained herein being relative to, a bear- ing of" NO0037' 00"W on the centet,line ; of Rail road Avenue i n:: the City of Rifle, Colorado. Thence along said right-of-way N45°23'00"E 72.87 feet; thence 26.36 feet along the arc of a 236.98 foot radius curve to the left, which arc subtends a chord bearing of S87°06'10"E 57.78 feet; thence S03°39' 32"W 60:14 feet thence S89°42'3814 53.64 feet' thence 79.38 feet along the arc of a 296.98 foot radius curve, to the right, which arc subtends a chord bearing of N82°37'56"W 79.14 ,feet to the True Point of Beginning.' Said parcel of''land 'con- tains 0.150 acres more or less. Tract C:A parcel of land situated in the 5E1/4 NE1 of Section 4, Town- ship 6 South, Rance 93 West of the 6th Principal Meridian and being more particularly described as follows: ROOK 5 :4 PI:f3E810 Beginning atthe _Southeast corner of Section 36; Township 1.5 South, Range 93 West, thence- S27o21 ' 53''W 3060. 47 feet, thence. N4.5.°23' 72..87 feet ,to a` .point on the Southeasterly: right=of-way. of County Road. #296,...the True Point of Begi nn:ng;, all beari ngs: conta.i ned herein; being relative.:to a beari ng; of N00037' OO" -W on the l icenterne o.f,.:Rai 1. road .Avenue i:n the Ci .ty of :Rifle,; Colorado, thence..N4:5°23.'OQ"E 126.::19 feet,; . thence S03°39'32"W 89 86 'feet, thence. S89°42'.38"W • 57:58 feet, thence 26.36 feet along the arc of a 236.98. foot radius curve • to:the right, which arc subtends a; chord bea:ring,f. N87o06:'10"W 26.35 • feet to the, True.: Point of Beginning ,: Said.: parcel of,l and: 'con tains 0• .'.088:acres'mor•e:or`less.•: ., ... :': WHEREAS , the Petitioner has 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 Statuted 1973, ; as 'amended,'. for the reason that no new tracts;. are being created and: that the purposes are to clarify boundary .lines` -:and pro vide better access to state ;highway 13, and County Road 296, and WHEREAS, the' Petitioner has demonstrated to the satisfaction of the Board of County Commissioners of Garfield County, Colorado; that there is a rea- sonable probability of locating domestic water on each of said tracts,; that there is adequate ingress and. egress to said. `tract,s, that.the l odati.on ' of septic tanks will• be' permitted by the "Colorado Department of Health, that the.:requested divi soon is not part of an existing or larger development and does not fall.w_ithin the. general purposes: and -intent of the subdivision regul ations of the State of :Colorado and the' County of Garfield,and sho.uld;`therefore, be:exempted from the de.finition' of:`the terms "subdivision" and '.'subdivi;ded land".as..:set.`forth: in C.'R;.S. 1973, 30=28-1.01: 1.0 . �_..:� (a)-(d);as amended NOW, THEREFORE .'BE., IT RESOLVED ::that the ..divis:ionof' : the "abo.v:e:; described tracts "A", "B",, and ':C" from ther:above described 4:168 acre tract 'is hereby,.: :. exempted from such 'definitions 'and- said tract may be divided. into tracts. "B"‘, and "C":;:: all -as is- more fully descri bed above, and said' .di vi ded tract .;may bp. 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:understand.ing and agreement of `the Petitioner that no further: exemptions. be al 1 owed . on -:said tracts, •• "A", "B", and: ".0", and that a copy of the instrument or intruments of conveyance when recorded sha ll be filed with this :Resolution'. .Attest,: g putty...., e::: of the' -'Bea d ;_Co:mmissioners Garfield:::Co.un:ty,: Colorado: -THE ,BOARD -OF COUNTY. COMMISSIONERS OF GARFIELD`COUNTY, C0L0RADO: • "Chairman Uponand motion duly made` • seconded.. the foregoing Resolution:' was adopted by the' following vote:., • RJ.c1iard....C.....A.Talley Aye Larry V?1:4.e.qu Aye FlavenJ /-� .::. • l�'Ys�ciP Aye- STATE ye Commissioners STATE OF COLORADO... :County of Garfield • : ,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, , County Clerk and pc -officio Clerk of the Board of County Commissioners.