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HomeMy WebLinkAbout4.0 Resolution 93-062• • 9fLX 869 "r.; 31 RECORDED AT ''D6 O'CLOCK .M. JUL 2 0 1993 REC # 45O122 MILDRED ALSDORF, COUNTY CLERK) STATE OF COLORADO )ss County of Garfield 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 19th of July A.D. 19 93 , there were present: Elmer (Buckey) Arbaney Marian I. Smith Arnold L. Mackley Don DeFord Mildred Alsdorf Chuck Deschenes , Commissioner Chairman , Commissioner , Commissioner , County Attorney , Clerk of the Board , County Administrator when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 93-062 A RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE GARFIELD COUNTY SUBDIVISION REGULATIONS FOR LESTER COLODONY. WHEREAS, Lester Colodony 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 124.54 acre tract as described in Book 637 Page 257 as filed in the Offices of the Clerk and Recorder of Garfield County, Colorado, into five (5) parcels of approximately 15.801, 4.948, 5.151, 3.992 acres each, and 94.921 more or less, with the four exemption parcels more practically described as follows: Lot 1: See Attached Lot 2: See Attached Lot 3: See Attached Lot 4: 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 • Bug 869 :'r.c., 332 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; and WHEREAS, the subject property is split by both a ridge and Four Mile Creek, preventing joint use of the parcels, and allowing for the creation of an additional lot beyond the four lot maximum allowed by Section 8.52 (A) of the Garfield County Subdivision Regulations, as amended. NOW THEREFORE, BE IT RESOLVED that the division of the above described parcels "1", "2", "3" and "4" from the above described 124.54 acre tract is hereby exempted from such definitions and may be conveyed in the form of such parcels "1", "2", "3" and "4" 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 _lath day of ,inr.Y , A.D. 19 93 . ATTEST: OAR ✓A#_I Cle of the Board vote: GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFIELD COUNTY, COLORADO Chairman Pro Tem Upon motion duly made and seconded the foregoing Resolution was adopted by the following F1mPr (Bucker) Arbaney (did not vote due to conf l ict) /j. Marian T. Smith Arnold L. Mackley STATE OF COLORADO ) )ss County of Garfield ) , Aye , Aye 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 Proceeding 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 Bnrc?4 869 333 Description: LOT 1 A tract of land situate in Sections 23 and 26, Township 7 South, Range 89 West of the 6th Principal Meridian being more particularly described as follows: Beginning at a point whence the northwest corner of said Section 26 bears N 00-01-48 E 1155.79 feet; thence 5' 26-33-30 E 455.75 feet; thence 5' 13-38-52 E 515.59 feet; thence S 09-17-10 E 172.07 feet; thence S 00-53-24 E 908.58 feet; thence S 06-12-19 E 291.01 feet; thence S 14-10-32 E 429.00 feet; thence S 02-37-27 E 36.26 feet; thence N 90-00-00 W 258.52 feet; thence 5' 47-30-24 W 65.43 feel thence N 85-33-30 W 186.84 feet; thence 223.45 feet along the arc of a curve to the /eft, having a radius of 429.20 feet, a central angle of 29-49-46, and subtending a chord bearing N 03-49-10 W 220.93 feet; thence N 00-04-11 E 402.20 feet; thence N 11-56-46 E 563.50 feet; thence 205.08 feet along the arc of a curve to the /eft, having a radius of 1082.63 feet, a central ang/e of 10-51-13, and subtending a chord bearing N 06-31-10 E 204.78 feet; thence N 01-05-33 E 548.77 feet; thence 446.10 feet along the arc of a curve to the left, having o radius of 1034.41 feet, a central angle of 24-42-33, and subtending a chord bearing N 11-15-43 W 442.65 feet; thence N 23-37-00 W 155.37 feet; thence N. 00- 01-48 E 255.64 feet to the point of beginning, containing 15.801 acres more or /ess. Description: LOT 2 A tract of land situate in Sections 26 and 27 Township 7 South, Range 89 West of the 6th Principal Meridian being more particularly described as follows: Beginning at a point whence the northwest corner of said Section 26 bears N 00-27-58 W 1602.44 feet; thence S 85-33-30 E 186.84 feet; thence N 47-30-24 E 65.43 feet; thence S 90-00-00 E 258.52 feet; thence S 02-37-27 E 361.30 feet; thence S 07-54-37 E 141.76 feet; thence S 90-00-00 W 2.91.50 feet; thence N 27-49-59 W 137.79 feet; thence N 27-49-59 W 127.87 feet; thence S 89-52-20 W 214.92 feet; thence 105.88 feet along the arc of a curve to the right, having a radius of 524.29 feet, a central ang/e of 11-34-13, and subtending a chord bearing N 25-45-53 E 105.70 feet; thence 183.33 feet along the arc o/ a curve to the left, having a radius of 429.20 feet, a central angle of 24-28-26, and subtending o chord bearing N 19-18-45 E 181.94 feet to the point of beginning, containing 4.948 acres more of less. Description: LOT 3 A tract of land situate in Section 26, Township 7 South, Range 89 West of the 6th Principal Meridian being more particularly described as fo/lows: Beginning at a point whence the northwest corner of said Section 26 bears N 05-27-05 W 1961.01 feet,- thence S 27-49-59 E 137.79 feet; thence N 90-00-00 E 291.50 feet; thence S 07-54-37 E 20.34 feet; thence S 09-39-13 E 191.50 feet; thence S 00-53-07 W 341.90 feet; thence N 89-48-50 W 512.11 feet; thence N 32-58-48 E 186.85 feet; thence N 12-59-18 E 284.52 feet; thence N 21-04-26 W 194.55 feet; thence N 29-09-15 E 63.51 feet to the point of beginning, containing 5. 151 acres more or /ess. Description: LOT 4 A tract of land situate in Sections 26 and 27, Township 7 South, Range 89 West of the 6th Principal Meridian being more particularly described as fo/lows: Beginning at a point whence the northwest corner of said Section 26 bears N 02-44-56 E 1841.67 feet; thence N 89-52-20 E 214.92 feet; thence S 27-49-59 E 127.87 feet; thence S 29-09-15 W 63.51 feet; thence S 21-04-26 E 794.55 feet; thence 5' 12-59-18 W 284.52 feet; thence S 32-58-48 W 186.85 feet thence N 89-48-50 W 62.84 feet; thence N 00-04-11 E 409. 14 feet; thence N 67-33-37 4 125.01 feet; thence N 00-39-09 W 141.41 feet; thence 188.79 feet along the arc of a curve to the right, having a radius of 524.29 feet, o central angle of 20-37-56, and subtending a chord bearing N 09-39-49 E 18778 feet to the point of beginning, containing 3.992 acres more or /ess.