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Home My WebLink About8.0 Resolution 85-145STATE OF COLORADO )ss County of Garfield ) 674Likaril. Recorded €at a _4,c o'clock_r ___ALJ 111,11985 Reception No. _ M1LDl1ED ALSDORF, RECORDER G.`.FF1ELD COUNTY, COLORADO meeting of the Board of County County, Colorado, held at the Commissioners' County Courthouse in. Glenwood Springs day of August A.D. 19 85 , there were At a regular Commissioners for Garfield Meeting Room, Garfield , the 19th on Monday present: when Robert Richardson Larry Schmueser Flaven J. Cerise Don DeFord Mildred Alsdorf Roger Ludwig the following proceedings, , Commissioner Chairman absent , Commissioner Chairman Pro Tem Commissioner , County Attorney , Clerk of the Board , Administrative Assistant absent among others were had and done, to -wit: RESOLUTION NO. 85-14+5 A RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE GARFIELD COUNTY SUBDIVISION REGULATION FOR HENRY DIETZ. WHEREAS, Henry Dietz 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 9.2 acre tract as described in Book 555, page 329, as filed in the Office of the Clerk and Recorder of Garfield County, Colorado into 4 tracts of approximately 2 acres each, more or less, which proposed divided tracts are more particularly described as follows: Tract A: See attached Tract B: See attached Tract C: See attached Tract D: See attached legal description for Parcel 1. legal aescription for Parcel legal description for Parcel 3. legal description for Parcel 4. 2, (in the State of Colorado and County of Garfield); and 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 Statutes 1973, as amended, for the reason that the division does not warrant further 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 iocating 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"subdiviaed land" as set. forth in C.R.S. 1973, 30-28-101 (10) (a) -(d), as amended; BOOK 6741 PMGE262 NOW THEREFORE, BE IT RESOLVED that the division of the above described tracts "A", "B", "C", and "0" from the above descrioed 9.2 acre tract is hereby exempted from such definitions and said tract may be divided into tracts "A", "B", "C", and "D" and conveyed in the form of such tracts "A", "B", "C", and "D", all as is more fully described above, however, this exemption is granted on the condition and with the express understanding and agreement of the Petitioners 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. Dated this 19th day of August A.D. 1985. THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO - ' / - 3 ` 7-7;/,-,--;/;. — il: l Ch airman �' ATTEST `' . .f -,,- i.�:. „: __ (�(..�'- �,+-�z--e_-,/,-.<,=.j :1- k of the Board �:� Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: Robert Richardson Larry Schmueser Flaven J. Cerise absent Aye Aye STATE OF COLORADO Court: 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 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 ' EXHIBIT A Parcel one Beak 674 mE263 A parcel of land situate in the SW9NEL, Section 25, Township 5 South, Runge 91 West of the hth Principal Meridian described as follows: liec.n:;:nc .'t ., point in the centerline at a 60 foot wide access -and etility casement whence the Nnrtl, t.e:orn,•r of said :.,,:tion 25 l'c.'rs N 09° ! 1' W 1891.78 feet; thence along said centerline the followini' three courses; N 4• .'•W' " 116.75 feet; thence along the arc 'of a curve to the le:1 having .a central angle of l")'i7'2!' .a rad iu> '$n .1,`' .+' '':hich the chord bearing is N 40°15'20" E• 131.96 feet; t.lumce N .15' 26' ''0" E ;8.81) feel 't„ a • point .the 'Wes: line of Lot 2. 1).ock :l, Unit' One Elk Creek development; thence nlong•said west lino•.'1 mock-.`; and its •:'r„!e'cti.»i S•0`0 0.'57' !; '.113..30 feet; thence S 89'55'03" E• 110.00 toet; thence N im'n,'57" I. ".',.11 feet; thence ::'S9.55'01" • 40.00 feet to the Northwest corner of Lot 13, Bl.'rk 7. gait One Elk'development: thence S 00'04'57" 1: '.0.00 fee[ to the Southwest corner -of said Lot 11; thenie alone the nsrthweeterly line ,': that •kind. • described in reception No. 253079 (.Book 505 at Page 251) S 67'28'12" 101.:') 1','et; lien[,••[ ,ntinuing :,long said. reception No. 281078 S 55°13'05".F 225:00 feet; thence S 25'45'0," t,.1,e1 1,et.to a point on the northerly right- of-way of County Road 245; thence -along said right-of;way along a curve t•' the left. having'a central angle of 10'2L'::2", n radius of 797.33 feet of which the chord bearing is N 69'2i'12." td 144.00' feet to a point on the centerline of a 60 foot wide.access and utility easement; thence the following •three classes along.said conturline:• N 58'50'02" t. 152.24 feet; thence along an arc of a curve to the right heaving a central angle of 77°07'25" a radius .1f 213.25 feet of wleichthe chord bearing is N 20°16'21" W 265.86 feet: Lh,•nce continuing alone a curve right Iiavink • ., central Ingle of 26'46'3'4", .i radius of 327.05 feet of which the chord 1.•..,rin•N, is N it" 50'31" 1: 151.46:feet t ,'the. •,2:1a ' ezinnfne. •Said parcel .of land contains 3.23• acres more or le.». 3..UBJ.Ecr...rO EASEMEALLS-OF cECnnn AND T H0S_.SHOWN HEREON• . ... __....._ Farce. .. A n,,rcel of 1::..i ..t...te in the St:_NF1, Section 25, Township 5 Soetli, Range '11 West of the 6th Principal '1oridlnn 'esc•ib..'a ns• 'll'.... Reeint:inll at .1 p:;:•:t in the centerline of a 60'foot wide:acecss and utility easement whence the North corner of -a= : S.,ct;:•n z-5 .',ars ,: 09' 13';7" 1. 1891.78 feet; thence along said centerline the fallowing three courses alone' Jr::• if .' earl. .o the left having a central angle of _26°46'39" - a radius of 127.05 feet of which the chord in, •. ° 1:1.1:46 feet; thence continuing along a curve to the Left having 4 central angle nf'77"07' feet whLch the .:''.'rd bearing is S. 20°16'21' is 265.86feet; thence S 58'50402 F 152.24 feet. r .... ..,.,t i:;torsecto the northerly right -elf -way of. County Road "255; thence the fi,.ilowing three .c•oerses :h; -,+;-.far; :.,lane the lase of a curve to the left having a central angle -of 06'21'16" a tadIus of ;e.. ,.....rd hearing is- N 77''.6' .2" W '18..38 feet; thence 80°57'20" W 70.37 fc:.!t; thence along ,r:.: .ht .paving a central angle of 51'23'55". ., radius of 407.35 feet of which. the c' 'r4. +r:•- 17,'22" `!~29 !..et trl a point.'•.... intersects the ::Orth - South centerline of said Section ' .i:.•^c•.. .,long said North - ..':.,u, centerline North __a.96 feet; thence leaving said North - South centerline East; feet ' the point of beginning. Said parcel of land contains 2.i19 acres more or less num icfTTr) E4SEMENT.OF_.RECOPSD AND THOSE SHOWN HEREON. ' Parcel Three . At:.. L. : :and situate ir. the S1e'!•NE1,.:, Section 25, Township.5 '.'uth, kluge 91 West, of the 6th Principal Meridian !esc;:a_;,' as follows: Beginning at a point in the centerline of a 60 foot wide access and utility easement whence the Narth'i'corner of said Section 25 bears 8 09'13'37" W 1891.78 feet; thence West 303.34 feet to a point that intersects the North - South centerline of said Section 25, thence along said North •- South centerline Nnrth 117.10 feet; thcnce.leaving' said North - South centerline S 62°46'09" E 328.74 feet to the southwesterly corner of chat land described on Document No. 16095; thence along the southerly line of said Document No. 16095 and its projection N 91'03'00" E 195.»9 feet to a point on the centerline of a 60 foot wide access and utility easement; thence along sajd center- line the following two courses along the arc of a curve to .the right, having a central angle 09°-� J,,�!21", a radius of 786.65 feet of which the chord bearing is 3 40'15'20" W 131.96 feet; thence S 45°04'00" W t3&' 5 feet to the point of beginning. Said parcel of land contains 2.04 acres more or less. i11QJE�'T Tn F,s Ed^a��=s�F eel Ro AND T HAS[ SHnw,uc uor_n°, Parcel Four ....':Y. ,. ... ' A parcel of land situate in the SWkNE5., Section 25, Township 5 South, Range 91 West:.•• -the', Principal • described as• follows: Beginning ac a point on the North - South centerline .of said Section 25 at the Seim hest corner of Lot.1, Block 1, Unit One Elk Creek developmes whence the North } corner of said Section 25 bears.; th 1370.09 feet; thence N 89' 55'00" F 150.00 feet to the Southwest corner of Lot 7, Block 4, Unit One Elk Creek. evelopment; thence S 60;20'18" E 40.31 feet; thence N 89°55'00" E 40.00 feet; thence N 60°10'18" E 40.31 to the Southeast corner• of said ,Lo.4 7pr thence N 89.55'00" E 110.00 feet to the Viltheast corner of Lot 1, Block 4; thence. along the southwesterlj► ighr . . of -way of Comanchero Trail the following three courses: N 88°10'00" E 39.82 feet; thence S 40'22'00" E 12;-41' feet; thence S 63'11'58" E.45.95 feet to the Northwest corner of Lot 1, Block 8, Unit One Elk Creek deve1bpmea thence along the West line of said Block 8 S 00°04'57" W 152.02 feet to a point that intersects the center11600. a 60 foot wide access and utility easement; thence along said centerline S 35°26'40" W 58.80 feet; thence leaving said centerline S.81°03'00" 'd e5.49 feet to the southeasterly corner of that land described on Document No.•1609S; thence N 08'57'00" W 290.40. feet to the northeasterly corner of arid. Document; thence S 81.03'00" W 150.00 feet..to the northwesterly corner of said Document; thence S 08.57'00" F: 290.40 feet to the southwesterly corner of seittt Document; thence N 62'46'09" :: 328.74 feet to a point on the North - ;,nth centerline of said Section '25: thence North 179.91 feet to the point of beginning. Said parcel of land contains 2.15 acres more or less. SUBJECT •TO EASEMEN7'S.OF_RECOFiD AND 71403E 3HOWN HERON -