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Home My WebLink About3.0 Resolution 89-038Recorded at g -z o'clock M. MAY 03 1959 Reception No. 40_1127 MLO) ALSDORF, RECORDER GARFII LL) COU%TY, COLORADO STATE OF COLORADO )ss County of Garfield ) At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held at the Commissioners' Meeting Room at the Garfield County Courthouse in Glenwood Springs on the 1st day of May A.D. 19 89 , there were present: Marian I. Smith Arnold L. Mackley Elmer (Buckey) Arbaney 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. 89-038 A RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE GARFIELD COUNTY SUBDIVISION REGULATIONS FOR WILLIAM N. AND MARILEE JOHNSON. WHEREAS, William N. and Marilee Johnson have 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 170.30 acre tract as described in Book 715, Pages 293 & 294, and Book 742, Page 144, as filed in the Office of the Clerk and Recorder of Garfield County, Colorado into two (2) parcels of approximately 161.55 and 8.75 acres each, more or less, which proposed divided tracts are more practically described as follows: Parcel A: See attached legal description for Lot 1 Parcel B: See attached legal description for Lot 2 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 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; (in • NOW THEREFORE, BE IT RESOLVED that the division of the above described parcels "A" and "B" from the above described 170.30 acre tract is hereby exempted from such definitions and said tract may be divided into said parcels "A" and "B" and may be conveyed in the form of such parcels "A" and "B", all 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 1st day of May , A.D. 1989 . ATTEST: Cle k of the Board GARFIELD COUNTY BOARD OF COMMISSIONERS GARFIELD COUNTY, COLORADO Chairman Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: Marian I. Smith Arnold L. Mackley Elmer (Buckey) Arbaney STATE OF COLORADO County of Garfield ) Ay e 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 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. EXHIBIT "A" LEGAL DESCRIP`T'IONS SUCK 753 C 3 LOT 1 A parcel of land being the N34SE34, N3¢J34S34SE%, MiNiNSE54SWX and a portion of the 0 NE351 of Section 24, Township 7 South, Range 88 West of the Sixth Principg Meridian and the westerly 495.00 feet of Lot 3 and a portion of the westerly 495.00 of Lot 4, Section 19, Township 7 South, Range 87 West of the Sixth Principal Meridian, County of Garfield, State of Colorado; said parcel being more particularly described as follows: (All bearings contained herein are based on a bearing of N.01°47'00"E. between the Southeast corner of said Section 24, a County Surveyor Brass Cap in place and the East Quarter corner of said Section 24, a stone in place.) Commencing at the ast Quarter corner of said Section 24, a County Surveyor • Brass Cap in place, the True Point of Beginning; thence N.89°54'34"E. along the northerly line of said Lot 3, 495.00 feet; thence leaving said northerly line 5.01°47'00"W. 1650.00 feet; thence S.89°54'34"W. 495.00 feet to a point on the easterly line of said Section 24; thence S.01°47'00"W. 39.13 feet to the Southeast corner of the N3¢134S34SE34 of said Section 24; thence N.89°03' 40"W. along the southerly line of said N3:N34S34SE4, 2620.65 feet to the Southwest corner of said N3¢JS3SSE34; thence N.89°39'28"W. along the southerly line of said N3¢d34SE3s4i4, 1344.98 feet to the Southwest corner of said N34N34SE34SW33; thence N.01°09'33"W. along the westerly line of said NS¢d34SE34S4 L 330.67'to the Southwest corner of said NE4SW34; thence N.01°09'33"W. along the westerly line of said NE34Sim4 298.97' to a point on the southeasterly right-of-way of a county road as constructed and in place, said right-of-way being 30.00 feet southeasterly of existing centerline; thence along said southeasterly right-of- way the following eight (8) courses: 1.) along the arc of a curve to the left, having a central angle of 35°31'58", a radius of 237.76 feet, an arc length of 147.45 feet ( chord bears N.53°51'43"E. 145.10 feet); 2.) N.36°05'43"E 227.28 feet; 3.) N.38°02'21"E 187.14 feet; 4.) N.39°19'03"E 249.03 feet; 5.) N.35°16'19"E 146.47 feet; 6.) N.33°09'25"E 172.63 feet; 7.) N.35°13'37"E 95.61 feet; 8.) N.47°17'17''E 101.30 feet to a point on the east -west centerline of said Section 24; thence leaving said right-of-way S.89°46'42"E. along said east -west centerline 542.63 feet to the center of said Section 24; thence continuing along said centerline, S.89°46'42"E. 2655.19 feet to the True Point of Beginning; said parcel containing 161.55 acres, more or less. LOT 2 A parcel of land situated in the NE54SS , of Section 24, Township 7 South, Range 88 West of the Sixth Principal Meridian, County of Garfield, State of Colorado; said parcel being more particularly described as follows: (All bearings contained herein are based on a bearing of N.01°47'00"E. between the Southeast corner of said Section 24, a County Surveyor Brass Cap in place and the Fast Quarter corner of said Section 24, a stone in place.) Commencing at the Fast Quarter corner of said Section 24, a County Surveyor Brags Cap in place; thence N.89°46'42"W. along the east -west centerline of said Section 24 3285.90 feet to a point on the northwesterly right-of-way of a county road as constructed and in place, the True Point of Beginning, said right -of --way being 30.00 feet northwesterly of existing centerline; thence leaving said east -west centerline and continuing along said northwesterly right- of-way the following eight (8) courses; 1.) S.47°17'17"W. 43.15 feet 2.) S.35°13'37"W. 103.03 feet 3.) S.33°09'25"W. 172.61 feet 4.) S.35°16'19"W. 143.24 feet 5.) S.39°19'03"W. 247.58 feet 6.) S.38°02'21"W. 188.83 feet 7.) S.36°05'43"W. 228.30 feet 8.) along the arc of a curve to the right, having a central angle of 29°25'46", a radius of 177.76 feet, an arc length of 91.30 feet ( chord bears S.50°48'37"W. 90.30 feet) to a point on the westerly line of the NE34S?% of said Section 24; thence N.01°09'33"W. along said westerly line 959.84 feet to the northwest corner of said NE33.4SW% (being a point on the east -west centerline of Section 24); thence S.89°46'42"E. along said centerline 765.40 feet to the True Point of Beginning; said parcel containing 8.75 acres, more or less.