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Home My WebLink About6.0 Resolution 2003-13I llllll lllll llllll llll lllll lllllllt11111111111111111 6226~9 03/11/2003 04:19P 81445 P382 M ALSDORF 1 of 5 R 0.00 D 0.00 GARFIELD COUNTY CO STA TE 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 Plaza Building, in Glenwood Springs on, Monday, the 5th day of August A .D. 2002, there were present: -~Jo"""'hn~~M=art~in~-----------' Commissioner Chairman -~L=arrv=-'"~M~cC=-o~w~n ___________ , Commissioner -~W"'"""a=l~t =S=to~w~e~-----------' Commissioner --=D'-"o=n:....:D=-e=F"-'o=r=d ____________ , County Attorney -~M_i~ld_r~ed_A~ls_d~or~f----------~ Clerk of the Board --=E=d'-'G=r:...:e=en=--------------' County Manager when the following proceedings, among others were had and done, to-wit: RESOLUTION No.~ D 3 -f 3 A RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE DEFINITION OF SUBDIVISION IN THE GARFIELD COUNTY SUBDIVISION REGULATIONS FOR ROCKY AND MARY GABOSSI FOR A PROPERTY LOCATED IN THE NW ~ OF SECTION 25, TOWNSHIP 5 SOUTH, RANGE 90 WEST OF THE SIXTH P. M. GARFIELD COUNTY, COLORADO WHEREAS, Rocky and Mary Gabossi 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 61.468 acre tract as described in Book 1248, Page 776 and 777, as filed in the Offices of the Clerk and Recorder of Garfield County, Colorado, into four(4) tracts of approximately 20.220 acres, 34.685 acres, 3.13 acres, and 3.43 acres each with the exemption parcels more practically described as follows and contained in Exhibit A: Lot 1: See Exhibit A (attached) Lot 2: See Exhibit A (attached) Lot 3: See Exhibit A (attached) Lot 4: See Exhibit A (attached) 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 riivision cioP.s not 'Wllrr:mt fnrthf'r •mhrlividnn rP.viP.Uf" iinrl 1111111111111111111111111111111•1111111111111111111 622699 03/11/2003 04:19P 81445 P383 M ALSOORF 2 of. 5 R 0.00 D 0.00 GARFIELD COUNTY CO • 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 l arger 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, 30-2 8-101 (10) (a)-(d), as amended; and WHEREAS, this Resolution as approved, signed, and recorded in the Garfield County Clerk and Recorder's Office, shall render Resolution No. 2002-84 (which is an earlier Exemption from the Definition of Subdivision granted b y the Board of County Commissioners to Rocky and Mary Gabossi on September 16, 2002) fully null and vo id; and NOW THEREFORE, BE IT RESOLVED that the division of the above described _61.468 acre parcel is hereby exempted from such definitions and may be conveyed in the form of the "Lot 1", "Lot 2", "Lot 3", and "Lot 4" of the Gabossi Exemption , as are 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 10th day of March, A.D. 2003 ATTEST: GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFIELD COUNTY,C DO Upon motion duly made and seconded the foregoi following vote: ST ATE OF COLORADO ) )ss Countv of Garfit:.~Tn ' . I llllll ·lllll llllll llll lllll llllll .I Ill lllll llll /111 622699 03/11/2003 04:19P 81445 P384 M RLSDORF 3 of 5 R 0.00 D 0.00 GARFIELD COUNTY CO • 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. 20 __ . County Clerk and ex-officio Clerk of the Board of County Commissioners 3 • LEGAL DESCRIPTION LOT 2 • EXHIBIT A A TRACT OF LAND SITUATED IN THE N'w'l/4 or SECTION 35, TO'w'NSHIP 5 "------· SOUTH, RANGE 90 \JEST or THE 6TH P.M. COUNTY or GARFIELD. STATE OF I I COLORADU SAID TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED AS FDLLOW'S 1 BEGINNING AT THE Nl/4 CORNER or SAID SECTION 35. SAID POINT BEING AN IRON PIPE VITH AN ALUMINUM CAP, PLS NO. 15710i THENCE ALONG THE EAST LINE or SAID N\Jl/4 s.01•03·1o·E. 1870.02 F EETJ THENCE DEPARTING SAID 'w'EST LINE N.9o·oo·oo·w-. 84.81. FEET1 THENCE s .00·4o·so·v. 80.42 FEET1 THENCE s.10•10'24'E. 123.46 FEET; THENCE S.79•49'36"w'. 85.70. FEET1 THENCE N.s0·20·1a·v. 80 .34 f'EETJ . THENCE 19.34 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAYING A RADIUS Of 35.00 FTET. A CENTRAL ANGLE or 31•39•42· AND SUB-TENDING A CHORD \t/HICH BEARS N.74.10'09''w'. 19.10 FEET; THENCE N.9o·oo·oo·v. 38.18 FEET1 THENCE 88.08 FEET ALONG TH E ARC or A CURVE TO . THE RIGHT HAYING A RADIUS or 515.00 F"EET, A .CENTRAL ANGLE or 09.47'59' AND SUB-TENDING A CHORD WHICH BEARS N.s5·05·ot"w'. 87 .98 FEET1 THENCE N.ao·12·01·wi. 56.76 FEET ; THENCE 110.42 FEET ALONG THE ARC OF A CURVE TO THE RIGHT HAYING A RADIUS OF 65.00 FEET, A CENTRAL ANGLE OF 97•2o·oa· AND SUBTENDING A CHORD 'w'H!CH BEARS N.31.31'57'\t/, 97.62 FEET1 THENCE N.B4·oe·s1"w'. 119.80 FEET; THENCE s .a4•10'28''w'. 105.41 FEETJ THENCE N.74.56'17''.I. 210.39 FEET; THENCE N.68.43'16'\t/. 110.56 fEET1 THENCE S.72.59 '26'\./. 101.15 FE ET; THENCE N.00·11'51'\./. 128.20 FEET1 THENCE N.02•38'42'E. 142.25 FTET1 THENCE N .28~03 '51 ''v/, 69 .BO FEETi THENCE N.34.0l '36'E. 250 .32 F EETJ THENCE N.23•42•1rE. 160.96 F'EET 1 THENCE N.40.24 '52'E. 63.16 FEET; THENCE N.04·1s ·os·v. 209.64 FEET; THENCE N.22.37'14'E. 167.65 FEET1 THENCE N.49.48'42'E. 68.45 FEETi THENCE N.37.28'23'E. 80.15 FEET1 THENCE N.!l"39'34'E. 51.69 f"EET1 THENCE N.26.11'52'E. 62.99 FEETJ THENCE N.26.31'06'\il. 55.72 FEET; THENCE N.45.21'3l'E. 855.56 FEET TO THE F:::JINT OF BEGINNING. SAID TRACT OF LAND CONTAINS 1,510,900 SGl.fT. OR 34.685 ACRES, MORE OR LESS . . . LEGAL DESCRIPTION LDT 4 I A TRACT OF LAND SITUATED IN THE N\./1/4 or SECTION 35, TD'w'NSHIP 5 _SOUTH._RANUE 90 W'EST OF THE 6TH P.M., COUNTY OF" GARFIELD, STATE OF 1 COLORADO, SAID TRACT OF LAND BEING-MORE PARTICULARLY DESCRrnED-A ~-- FDLLOW'Sr BEGINNING AT A POINT F'ROM 'WHICH THE Nl/4 CORNER or SAID SECTION 35 BEARS N.to·o1·06'E. 1944.93 FEET, SAID POINT BEING AN IRON PIPE 'v/ITH AN ALUMINUM CAP, PLS NO. 15710 ; THENCE S.24.46'00•IJ, 324.52 FEET TO A POINT ON THE NDRTHERL Y RIGHT OF \JAY OF STATE HIGH'w'AY 6 AND 241 THENCE ALONG SAID RIGHT or \,/AY S.6s·14·oo·E . 254 .18 FEET TD A POINT 'w'HICH INTERSECTS THE NORTH'w'ESTERLY RIGHT OF VAY OF GARFIELD COUNTY ROAD ND . 138; THENCE ALONG SAID NORTH'WESTERL y RIGHT or 'WAY THE FOLLO\,/ING rouR <4) COURSES1 THENCE N.67"03'2l'E. 153.83 FEET1 THENCE N.79.09'0S'E. 64.99 FEET; THENCE N.75.17'17'E. 119 .64 FEET; THENCE N.68.56'19'E. 119 .42 FEETJ TH.ENCE DEPARTING SAID RIGHT OF 'WAY N.10'10 '24'\il. 114 .23 F'EETJ THENCE S.79.49'36"w'. 85.70 FEETJ THENCE N.sa·20·10·'w'. 80.34 FEET; i . THENCE 19.34 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RAD US OF 35.00 FEET, A CENTRAL ANGLE OF 31.39'42 ' AND SUB-TENDING A CHORD \t/HICH BEARS N.74.10'09''w'. 19.10 FEET; . THENCE N.9o·oo·oo·'w'. 38.18 FEET; . THENCE 88.08 FEET ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 515.00 FTET. A CENTRAL ANGL E or 09•47•59• AND SUB-TENDING A CHORD iw'HICH BEARS N.85'06'01''.I. 87.98 F'EET1 THENCE N.00·12·01•1.,1. 56.76 FEET1 THE:NCE 110.42 FEET ALONG THE ARC OF A CURVE TD THE RIGHT HAVING A RADIUS OF 65.00 FTET. A CENTRAL ANGLE OF 97'20'08' AND SUB-TENDING A CHORD 'WHICH BEARS N.31.31'57"'w'. 97.62 F"EET1 THENCE N.84.08 '51'\./. 103.94 FEET TO THE POIN T OF BEGINNING . . SAID TRACT OF LAND CONTAINS 149,257 SQ .FT. OR 3.43 ACRES, MORE DR LESS . .,. cn - o ~iiiiiiiiii ... m~ «>= Ul<O- ;o CSl-w= cg,-- . .... -cg .... -cg,= o~iiiliii (S)- es>W= CSI CSl- CSI ;':"~ Cl .... -DU>- ;o "'U-- -n = "'~ r~- o ~ !!!!!!!!!!!! 0 -O"'U-cw--:z: CD= __. m-- -< -:l- o --o:x>-- {;; !!!!!!!!! c-o--;u---rt= • LEGAL DESCRIPTION LDT 1 A TRACT OF LAND SITUATED IN THE N\Jl/4 OF SECTION 35, TOW'NSHIP 5 SOUTH, RANGE 90 VEST or THE 6TH P.M. COUNTY OF GARFIELD, STATE OF COLORADO, SAID TRACI or LAND BEING MORE PARTICULARL y DESCRIBED BY METES AND BOUNDS AS FOLLO'w'S• BEGINNING AT A POINT FROM \JHlCH THE NORTH 114 CORNER Of SAID SECTION 35 BEARS N.45·21·31·E. 855.56 rEE T. SAID NORTH 114 CORNER B£ING A IRON PIPE \JITH AN ALUMINUM CAP, PLS NO . 1S710J THENCE S.26.31'06•[. 55 .72 FEETJ THENCE s .26·11·s2•\J. 62.99 FEETJ THENCE S.11 •39•34•\J. 51.69 FEETJ THENCE S.37"28'23'\J. 80.15 FEETJ THENCE 5,49•49·42·v. 68.45 FEETJ THENCE s .22·37'14'\J. 167.65 F'EETJ THENCE s.04•1s·o0·E. 209.64 FEETJ THENCE S.40"24'52 .. w'. 63.16 FEETJ THENCE S.23"42'17'\J . 160 .96 FEETJ THENCE S.34"01'36"w'. 250.32 FEETi THENCE s .2a·o3·51·E. 69 .80 FEETJ THENCE s.02•39•42"w'. 276.57 fEET TO A POINT ON THE NORTHERLY RIGHT Of \JAY OF STATE HIGHIJAY 6 AND 24J THENCE ALONG SAID RI GHT OF \JAY THE FOLLO'.(ING 5 COURSES • D THENCE 358.13 FEET . ALONG THE ARC OF A CURVE TD THE LEFT HAVING A . RADIUS OF 2010.00 F EET, A CENTRAL ANGLE . OF 10•12•31• AND SUB- TENDING A CHORD 'WHICH BEARS N.72°17 '01-''J, 357.65 FEETJ 2> THENCE s.13·12·oo·'w'. 50.00 FEETJ ·. 3) THENCE 270.72 FEET ALONG THE ARC or A NON-TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 1960.00 FEET, A CENTRAL ANGLE OF 07•54•49• AND SUB-TENDING A CHORD 'w'HICH BEARS N.Bl •2t'35'1J. 270.SO FEETJ 4) THENCE N.es·19·oo·'w'. 368.00 FEETJ . 5) THENCE 109.74 FEET ALONG THE ARC or A CURVE TO THE RIGHT HAVING A RADIUS or 5680.00 FTET, A CENTRAL ANGLE OF 01"06'25' AND SUB- TENDING A CHORD VHICH BEARS N.84.45'48'\J. 109 .74 FEETJ THENCE DEPARTING SAID RIGHT OF \JAY N.23·00·1o·c 95,51 FEETJ THENCE N.33.41'22'E . 273.31 FEETi THENCE N.10.4l 'Ol'E. 126.20 FEET1 THENCE N.te·oo'46'E. 102.71 FEE TJ THENCE S.79.05'06'E. 44 .25 FEETJ THENCE N.87°14'09'E. 373.76 FEETJ THENCE s.a3•55•42•E. 116.11 FEETJ THENCE N.45.21'3l'E . 1000 .98 FEET TD THE POINT or BEGINNING. SAID TRACT OF l.AND CONTAINS 20.220 ACRES, MORE OR LESS . LEGAL DESCRIPTION LDT 3 A TRACT OF LAND S[TUA TED IN THE N'w'l/4 or SECTION 35, TO\JNSHIP 5 SOUTH, RANGE 90 \JEST or THE 6TH P.M .. COUNTY or GARFIELD, STATE OF COLORADO, SAID TRACT or LAND BEING MORE PARTICULARL y DESCRIBED AS F"OLLO'WS• BEGINNING AT A POINT FROM l./HICH THE Nl/ 4 CORNER OF SAID SECTION 35 BE:ARS N.10•07•06'E . 1944.83 F EET, SAID POINT BEING AN IRON PIPE 'W[TH AN ALUMINUM CAP, PLS NO. 157101 THENCE S.24°46'00'\J. 324 .52 FEET TD A POINT ON THE NORTHERLY RIGHT OF 'w'AY Of STATE HIGH'w'AY 6 AND 24; THENCE ALONG SAID RlGHT or \JAY N.6s·14 ·00·\J. 504 .04 FEETJ THENCE CONTINUING ALONG SAID RIGHT OF l.IAY 68.27 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 201~00 fEE~ A CENTRAL ANGLE OF 01.56'46' AND SUB-TENDING A CHORD '.(HlC H BEARS N.66.12'33'1.1. 68.27 FEET; THENCE DEPARTING SAID RIGHT OF 'w'AY N.02•3g•42•E. 134.32 FEET; THENCE S.80"11'5l'E . 128.20 FE E Ti THENCE N.72.59'26•[. 101.15 F"EET1 ·THENCE S.6B.43'16'E. 110 .56 FEET; THENCE S.74.56'17'E. 210 .39 FEETJ THENCE N.a4·1e·2a·E . 105 .41 FEETJ THENCE s .04•09•51•E. 15 .86 FEET TO THE POINT OF BEGINNING. SAID TRACT OF LAND CONT AINS i36,S53 SQ.FT . OR 3.13 ACRES. MORE OR LESS .