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HomeMy WebLinkAbout3.0 Resolution 82-189STATE OF COLORADO BfOK • 605 PjGE ss. Recorded cit q: U 8 o'clock A M. AUG 5 1982 County of Garfield Reception. No. 331420 MILDRED ALSDORF, RECORDER At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held at the Court House in Glenwood Springs on Tuesday , the 3 d day of August A. D. 19 82 , there were present: F l aven C e r i se , Commissioner Chairman Eugene Drinkhous e , Commissioner Larry Velasquez , Commissioner Earl Rhodes , County Attorney Leanne Cleland, Deputy , Clerk of the Board when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 82-189 A RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE GARFIELD COUNTY SUBDIVISION REGULATIONS FOR THE COLE -ASPEN CORPORATION. WHEREAS, the Cole -Aspen Corporation 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 230 acre tract described as follows: that parcel of land as described in Document No. 255020 as filed in the office of the Clerk and Recorder of Garfield County, Colorado, into 2 tracts of approximately 5 and 225 acres each, more or less, which proposed divided tract:is more particularly described as follows: TRACT A: A parcel of land situated in Tract 41, Township 8 South, Range 87 West of the 6th Principal Meridian, Garfield County, Colorado, being more par- ticularly described as follows: Beginning at a point whence a brass cap found in place and properly marked for Angle Point No. 6 of said Tract 41 bears S.80°13'14"E. 128.71 feet; thence N.66°26'32"W. 683.41 feet; thence N.14°37'55"E. 341.74 feet; thence S.63°24'24"E. 690.12 feet; thence S.14°37'55"W. 304.75 feet to the point of beginning, containing 5.01 acres more or less. All bearings contained herein are based on a solar observation, using S.80°13'14"E. between the Southeast Corner of the above described parcel of land and Angle Point No. 6 of said Tract 41. A 20 foot wide access easement situated in Tracts 41 and 42, Township 8 South, Range 87 West of the 6th Principal Meridian, Eagle County, Colorado, and lying 10 feet on each side of the following described centerline: Beginning at a point on the centerline of an existing roadway as built and in place whence a brass cap found in place and properly marked for Angle Point No. 6 of said Tract 41 bears S.72°56'53"W. 635.85 feet; thence 45.15 feet along the arc of a 36.35 foot radius curve to the left, the chord of which bears S.83°02'34"W. 42.30 feet; thence 59.12 feet along the arc of a 62.25 foot radius curve to the right, the chord of which bears 5.74°39'38"W. 56.92 feet; thence N.78°07'57"W. 162.25 feet; thence 44.56 feet along the arc of a 362.72 foot radius curve to the left, the chord of which bears N.81°39'08"W. 44.54 feet;'.thence 174.61 feet along the arc of a 566.95 foot radius curve to the right, the chord of which bears N.76°20'57"W.,. 173.92 feet; thence N.67°31'34"W. 32.24 feet; thence 59.89 feet along the arc of a 412.22 foot radius curve to the left, the chord of which bears N.71°41'19"W. 59.84 feet; thence N.75°51'04"W. 135.09 feet to a point on the Easterly boundary line of Garfield County. The sidelines of the above described easement being lengthened or shortened on the westerly end to terminate on said Easterly boundary line of Garfield County. TRACT B: The remaining 225 acres. (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 snlit is solely for the purposes of leasing and no lots may be transferred by this action; and BOOK 605 ? GE82O 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 locating 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 "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 tracts "A" and "B", from the above described 230 acre tract is hereby exempted from such definitions and said tract may be divided into tracts "A" and "B" all as is more fully described above, and said divided tract may be conveyed in the form of such smaller tracts without further compliance with the aforesaid subdivision statutes and regulations; provided, however, that this exemption is solely for the purposes of leasing; and no new lots may be sold as a result of this action by the Board' of County Commissioners. ATTEST: BOARD OF COUNTY COMMISSIONERS GARFIELD COUNTY, COLORADO Dep ty Clerk of the Board Chairman Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: Flaven Cerise Aye Eugene DrinkhQW,Sg Aye Larry Velasq;llez Aye Commissioners 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 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 County Clerk and ex -officio Clerk of the Board of County Commissioners.