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Home My WebLink About3.0 Resolution 81-156STATE OF COLORADO r_;!f } Mp�(��/ V O'clock 4 M. MAY 20 1988 County of Garfield ; /� 7� eiccepti®n No. a MILDRED ALSDGRE, RECORDER regular At a meeting of the Board of County Commissioners for Garfield County, Colorado, held at the Court House in Glenwood Springs on Monday , the 18th day of May A. D. 19 81 , there were present: Larry Velasquez Flaven J. Cerise Eugene "Jim" Drinkhouse Arthur A. Abplanalp, Jr. Cheryl J. Koss, Deputy Commissioner Chairman , Commissioner , Commissioner , County Attorney Clerk of the Board when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 81-156 A RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE GARFIELD COUNTY SUBDIVISION REGULATIONS FOR V. F. CLOUGH. WHEREAS, W. F. Clough 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 amende7 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 158 acre tract described as follows: Into 3 tracts of approximately 22, 40, and 96 acres each, more or less, which proposed divided tract(s) are more particularly described as follows: Tract A: Beginning at a point on the southerly R.O.W. line of U.S. Interstate Highway No. 70 whence the NW Corner of said Section 23 bears S 87°47'24" W 3995.88 feet; thence along said Southerly R.O.W. the following eight courses: N 67°34'43" E, 373.33 feet, N 72°43'30" E, 564.60 feet, S 82°13'30" E, 405.90 feet, S 71°46'00" E, 343.60 feet, thence along a tangent curve to the left, having a central angle of 32°00'00", a raduis of 627.50 feet, an arc length of 350.46 feet and of which the chord bears S 87°46'00" E, 345.90 feet; thence along a non -tangent curve to the left having a central angle of 57°37'50", a radius of 325.00 feet, an arc length of 326.90 feet and of which the chord bears N 47°19'00" E, 313.20 feet, thence N 86°80'00" E, 767.70 feet, thence S 89°35'00" E, 301.50 feet to a point on the Northerly R.O.W. line of the Denver and Rio Grande Western Railroad; thence S 51°44'50" W, 527.00 feet along said Northerly R.O.W.; thence continuing along said Railroad R.Q.W. along a curve to the: right having a central angle of 08°24'44", a radius of 2815.00 feet, an arc length of 413.30 feet and of which the chord bears S 55°57'12" W, 412.93 feet; thence N 86°14'44" W, 2505.64 feet to the point of beginning. Containing 21.80 acres more or less. Tract B: Beginning at a point on the Southerly R.O.W. of U.S. Highway No. 70 whence the NW Corner of said Section 23 bears S 88°49'46" W, 3808.82 feet, thence N 67°34'43" E, 200.00 feet along said Southerly R.O.W.; thence S 86°14'44" E, 2505.64 feet to a point on the Northerly R.O.W. line of the Denver and Rio Grande Western Railroad, thence along a non -radial curve to the right lying on said Northerly R.O.W. line having a central angle of 07°27'16", a radius of 2815.00 feet, an arc length of 366.24 feet and of which the chord bears S 63° 53'12" W, 365.99 feet; thence S 67° 36'50" W, 2485.34 feet, continuing along said Railroad R.O.W.; thence N 02°48'00" W, 1196.84 feet to the point of beginning. Containing 40.00 acres more or less. Tract C: Beginning at a point on the Southerly R.O.W. line of U.S. Interstate Highway No. 70, whence the NW Corner of said Section 23 bears N 02°06'06"W, 1648.47 feet; thence along said Southerly R.O.W. the following courses: N 65°12'00" E, 604.00 feet, N 60°37'30"E, 501.60 feet, N 65°12'00" E, 500.00 feet, N 67°46'30" E, 1001.00 feet, N 65°12'00" E, 1419.40 feet, N 65°12'00" E, 80.60 feet, N 67°34'43" E, 21.61 feet, thence S 02°48'00" E, 1196.84 feet, to a point on the Northerly R.O.W. line of the Denver and Rio Grande Western Railroad, thence along said R.O.W. S 67°36'50" W, 393.43 feet, to the North line of SW4 of NE4 (Lot 2), Section 23, Township 6 South, Range 94 West of the 6th Principal Meridian, thence along said North line S 89°11'00" W, 848.99 feet to the NW Corner of said SW4 of NE1/4, thence S 00°11'06" E, 337.10 feet along the West line of said SW4 of the NE4 to the Northerly R.O.W. line of the D. & R.G.W. R.R., thence along said R.O.W. S 67°36'50" W, 2860.90 feet to the Easterly R.O.W. line of an existing haul road, thence N 02°45'00" E, 1060.07 feet along said R.O.W. line to the point of beginning. Containing 96.43 acres more or less (in the State of Colorado and County of Garfield); and Brox 572 NGE362 WHEREAS, the Petitioner(s) 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 Pazt 1, Article 28, Title 30, Colorado Revised Statutes 1973, as amended, for the reason that the impact created does not warrant further subdivision review, and WHEREAS, the Petitioner(s) 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", "B", and "C" from the above described 158 acre tract is hereby exempted from such definitions and said tract may be divided into tracts "A", "B", and "C", 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 granted on the condition and with the express understanding and agreement of the Petitioner(s) that no further exemptions be allowed on said tract(s) "A", "B", and "C", and that a copy of the instrument or instruments of conveyance when recorded shall be filed with this i'.::solution. BOARD OF COUNTY COMMISSIONERS GARFIELD •LINTY, COLORADO BY: ATTEST: Deputy Clex'k of t''e Board of County Commissioners Garfield County, Colorado Chairma Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: Laxtry..•Velasque•z Aye ......P.Laven...J.....Cerise Aye Eugene. "J.im" Drin.kho.use Aye STATE OF COLORADO SS County of Garfield Commissioners 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.