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HomeMy WebLinkAbout2.0 Resolution 80-104STATE OF COLORADO County of Garfield Ata ss. regular Recorded ata o'clock BOOK 549 P GE93O M; JUN 1 0 1980 Recept:cn No. 3f)/161 " M'ILDRED ALSDORF, RECORDER meeting of the Board of County Commissioners for Garfield County, Colorado, held at the Court House in Glenwood Springs on Monday , the 9th day of J PnQ A. D. 19 80 there were present: Richard C. Jolley , Commissioner Chairman Larry Velasquez , Commissioner Flaven J. Cerise , Commissioner Arthur A. Abpl analp ? Jr. , County Attorney Nancy Sprick Page, Deputy , Clerk of the Board when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 80-104 RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE GARFIELD COUNTY SUBDIVISION REGULATIONS FOR TODD KIIPKA WHEREAS, Todd Kupka has petitioned the Board of County Commissioners of Garfield County, Colorado, for an exemption from the definition of the terns "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 10.0 acre tract described as follows: that parcel of land as described in Document No. 289449 as filed in the Office of the Clerk & Recorder of Garfield County, Colorado into 2 tracts of approximately 5.41 and 4.59 acres each, more or less, which proposed divided tracts are more particularly described as follows: Tract A: A tract of land situated in the NWNW of Section 17, Township 7 South, Range 87 blest of the 6th Principal Meridian, Garfield County, Colorado, lying southerly of the Northerly line of said Section 17, northerly of the Northerly right-of- way line of a 60 foot easement as constructed and in place and easterly of the Westerly line of said Section 17, said tract of land being more particularly described as follows: Beginning at a brass cap found in place and properly marked for the Northwest Corner of said Section 17; thence S.88°27'42" E., 410.27 feet along the Northerly line of said Section 17; thence South 259.17 feet; thence S.29°35'50" W., 41.97 feet to a point on the centerline of a 30 foot wide access easement as constructed and in place; thence along the centerline of said access easement on the following courses: S.03°07'35" W. , 40.29 feet; thence S.07°28'08" W. 109.64 feet; -pence S.14°33'16" W., 129.27 feet to a point on the Northerly right-of-way line of said 60 foot road easement; thence along the Northerly right-of-way line of said road easement on the following courses: 98.19 feet along the arc of a 669.24 foot radius curve to the right, the chord of which bears S.80°04113" W., 98.11 feet; thence S. 84016'24" W. 165.95 feet; thence 90.08 feet along the arc of a 395.50 foot radius curve to the left, the chord of which bears S.77°44'54" W. 89.89 feet to a point on the Westerly line of said Section 17; thence leaving the Northerly right-of-way line of said road easement on a course bearing N.00°49'39" E., for 633.35 feet along the Westerly line of said Section 17 to the point of beginning, containing 5.41 acres more or less. Tract B: A tract of land situated in the NW'.,NW'.; of Section 17, Township 7 South, Range 87 West of the 6th Principal Meridian, Garfield County, Colorado, lying southerly of the Northerly line of said Section 17 and northerly of the Northerly right-of-way line of a 60 foot road easement as constructed and in place, said tract of land being more particularly described as follows: Beginning at a point on the Northerly line of said Section 17 whence a brass cap found in place and properly marked for the Northwest Corner of said Section 17 bears N.88°27'42" W., 410.27 feet; thence S.88°27142" E., 344.36 feet along the Northerly line of said Section 17; thence S.00°49'39" W. 565.19 feet to a point on the Northerly right-of-way line of said road easement; thence along the Northerly right-of-way of said road easement on the following courses: N.84°39'51" W. 211.50 feet; thence 196.68 BOOK 519 PAGt93i feet along the arc of a 578.81 foot radius curve to the left, the chord of which bears S.85°36'05" W. 195.73 feet to a point on the centerline of a 30 foot wide access easement as constructed and in place; thence along the centerline of said 30 foot wide access easement on the following courses: N.14°33'16" E. 129.27 feet; thence N.07°28108" E., 109.64 feet; thence N.03°07'35" E., 40.29 feet; thence leavinthe centerline of said access easement on a course bearing N.29'35150" E. for a distance of 41.97 feet; thence North 259.17 feet to the point of beginning, containing 4.59 acres more or less. 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 impact created is not large enough to proceed through the full 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 pro- bability 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 10.0 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 sub- division statutes and regulations; provided, however, that this exemption is granted on the condition and with the express understanding and agreement of the Petitioner that no further .emptions be allowed on said tract "A" and "B", and that a copy of the instrument or instruments of conveyance when recorded shall be filed with this Resolution. ATTEST: 1V1 /9.4:1 Jt.L' i- Deuty Cl#kf the Board of `County' Commissioners Garfield County, Colorado THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO Byi Chairman,// Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote; Richard C. Jolley Aye Larry Velasquez Aye Flaven J. Cerise 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 WHET<'rEOP, 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.