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Home My WebLink About5.0 Original Resolution 2002-84111i1111111111111111111111111111111111I 1111111111111 610823 09/17/2002 03:25P B1387 P114 M ALSDORF 1 of 5 R 0.00 D 0.00 GARFIELD COUNTY CO ST ATE 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 Courthouse, in Glenwood Springs on, Monday, the 16th day of September A.D. 2002, there were present: --=--Jo=hn~M=art=-==in:.:.__ ___________ , Commissioner Chairman -=L=arry=-'-~M~cC~o-=--w~n=-----------' Commissioner __ W_a_l_t ~St~o_w~e ____________ , Commissioner -=D'-"o=n=--=D:;...e=F~o=r=d ____________ , County Attorney --=--M=i=ld=re=d~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. 2002-84 A RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FORM THE GARFIELD COUNTY SUBDIVISION REGULATIONS FOR ROCKY AND MARY GABOSSI. 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 three (4) tracts of approximately 20.479 acres, 2.766 acres, 20.848 acres, and 17.375 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 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 ~J.17 (/ ({J \,,. / • 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 o f the terms "subdivision" and "subdivided land" as set forth in C.R.S. 1973, 30-28-101 (10) (a)-(d), as amended; 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 16th day of September, A.D. 2002 ATTEST: GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFIELD COUNTY, C ORADO ~C~O~M=M=I=S~SI~O=N~E=R~C=H=A~IR~J~O=HN=--'-F~.~M=AR'-=-=-T=IN=-'-~~~~~~~~~~'Aye =C~O~M=M=I=S=S~IO=N~E=R==L~ARR==~Y~L=·~M=C=C=O=WN~-'---~~~~~~~~~~~'Aye ~C~O~M=M=I=S=S=IO~N~E=R'-=--'-W=A=L~T=E=R-=----=S~T~O~W~E=--~~~~~~~~~~~~'Aye STA TE OF COLORADO ) )ss 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 Resolution is truly copied from the Records of the Proceeding of the Board of County Commissioners for said Garfield County, now in my office. 2 1 lllltl lllll llllll llllll llll llll llllll•llll llll llll . 610823 09/17/2002 03:25P 81387 P116 M ALSDORF 3 of 5 R 0.00 D 0.00 GARFIELD COUNTY CO • 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 I • LEGAL DESCR I PTION LOT 1 • A TRACT OF LAND SITUATED IN THE N'vll/4 OF SECTION 35, TO\./NSHIP 5 SOUT~ RANGE 90 'vlEST OF THE 6TH P~" COUNTY or GARFIELn STATE OF COLORADQ SAID TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLO\./S : . . · BEGINNING AT A POINT FROM \./HICH THE NORTH 114 CORNER OF SAID SECTION 3~ BEARS N.45.21'3l'E. 855.56 FEET, SAID NORTH 1/4 CORNER BEING A IRON PIPE 'vlITH AN ALUMINUM CAP, PLS NO . 15710; THENCE S.26.31'06'E . 55.72 FEET; THENCE S.26.11 '52 '\./. 62.99 FEET; THENCE S.11°39'34'\./. 51.69 FEET; THENCE S.37'28'23''vl . 80.15 FEET; THENCE S.49•48'42''vl . 68.45 FEET; THENCE S.22.37 '14'\./. 167.65 FEET ; THENCE S.04.15'08'E. 209.64 FEET; THENCE S.40.24'52'\tt'. 63.16 FEET; THENCE S.23.42'17'\./. 160 .96 FEET; THENCE S.34.01'36'\tt'. 250.32 FEET; THENCE s.20·03 '51'E . 69.80 FEET; THENCE s .02·30'42''v/. 142.25 FEET; THENCE s .00•11 1 5l'E . 128.20 FEET; THENCE N.72.59'26'E . 101.15 FEET; THENCE S.68.43'16'E. 110 .56 FEET; THENCE S.7 4•56'17'E . 210 .39 FEET; THENCE N.84.18'28'E . 105.41 FEET; THENCE S.24.46 '00'\./. 319.38 FEET TD A POINT ON THE NORTHERLY RIGHT OF 'vlAY OF STATE HIGHW'AY 6 AND 2~ THENCE ALONG SAID RIGHT OF W'AY THE FDL L D\./ING 6 COURSES• D THENCE N.65.14 '00'\./. 489.04 FEET; 2) THENCE 426.40 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 2010 .00 FEET, A CENTRAL ANG L E OF 12•09•17• AND SUB.:. TENDING A CHORD 'v/HICH BEARS N.71.18'38''vl. 425.60 FEET; 3) THENCE S.13.12'00''vl. 50 .00 FEET; 4) THENCE 270.72 FEET ALONG THE ARC OF A NON-TANGENT CURVE TD THE LEFT HAVING A RADIUS OF 1960.00 FEET, A CEN TRAL ANGLE OF 07•54'49• AND SUB-TENDING A CHORD 'v/HICH BEARS N.et •2t'35''vl. 270.50 FEET; 5) THENCE N.85°19'00'\./. 368 .00 FEET; 6) THENCE 109 .74 FEET ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 5680 .00 FEET, A CENTRAL ANG L E OF 01 •06 1 25' AND SUB- TENDING A CHORD 'vlHICH BEARS N.84.45 '48''vl. 109.74 FEET; THENCE DEPARTING SAID RIGHT OF 'v/AY N.23.00'lO'E. 85 .51 FEET; THENCE N.33.41'22'E. 273.31 FEET; THENCE N.1 0.41'01'E . 126.20 FEET; THENCE N.1B·oo'46'E. 102 .71 FEET; THENCE S.79.05'06'E . 44.25 FEET; THENCE N.87'14'08'E. 373.76 FEET; THENCE S.83.55'42'E. 116.11 FEET; THENCE N.4S.21'31'E. 1000.98 FEET TO THE POINT OF BEGINNING . TOGETHER \./ITH AND SUBJECT TO THE ACCESS AND UTILITY EASEMENT<S) INDICATED HEREON . SAID TRACT OF LAND CONTAINS 20.4 79 ACRES , MORE OR LESS . LEGAL DESCRIPTION LDT 2 A TRACT OF LAND SITUATED IN THE N\./1 / 4 OF SECTION 35, TO\./NSHIP 5 SOUTH. RANGE 90 'vlEST OF THE 6TH P.M" COUNTY OF GARFIELD. STATE OF COLORADO, SAID TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLO'v/S L BEGINNING AT A POIN"f FROM \./HICH THE NORTH 114 CORNER OF SAID SECTION 35 BEARS N.45.21'31'E . 1856.54 FEET, SAID NORTH 114 CORNER BEING A IRON PIPE 'vlITH AN ALUMINUM CAP, PLS NO. 15710; THENCE N.20.42'31 '\./. 84.87 FEET; THENCE N.26.55'22'\./. 62.07 FEET; THENCE N.31'52'13''vl. 130.89 FEET; THENCE N.35.15'19''vl. 161.50 FEET; THENCE N.37.33'49''vl . 59.61 FEET; THENCE N.50.44'37''vl. 38.18 FEET; THENCE S.04.22'29'\./. 85.53 FEET; THENCE S.37'48 '14''vl. 135.68 FEET ; THENCE S.23.33 '14''vl. 128.60 FEET; THENCE S.45.44'37''vl. 194.SB FEET; THENCE S.89.42'59'E. 34.78 FEET; THENCE S.79"05'06'E . 44 .25 FEET; THENCE N.87'14'08'E. 373.76 FEETj THENCE S.83.55'42'E. 116.11 FEET TO THE POINT OF BEGINNING. , TOGETHER 'vlITH AND SUBJECT TO THE ACCE SS AND UTILITY EASEMENT<S> INDICATED HEREON . SAlD TRACT OF LAND CONTAINING 2 .766 ACRES, MORE OR LESS I llllll lllll llllll llllll 1111111111111111111111111111111 610823 09/17/2002 03:2SP 81387 P117 M ALSDORF 4 of S R 0.00 D 0.00 GARFIELD COUNTY CO I •• LEGAL DESCRIPTION LDT 3 • A TRACT OF LAND SITUATED IN THE N\Jl/4 OF SECTION 35, TO'w'NSHIP 5 SOUTH, RANGE 90 VEST OF THE GTH P.M., COUNTY OF GARFIELD, STATE OF COLORADO, SAID TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOIJS • . BEGINNING AT THE NORTHEAST CORNER OF THE SE1/4NIJ1/4 OF SAID SECTION 35, SAID POINT BEING A REBAR IJITH AN ALU .MINUM CAP, PLS NO . 15710 FOUND IN PLACE FROM 'v/HICH THE NORTH 1/4 CORNER OF SAID SECTION 35 BEARS N.07"03'10''v/. 1321.88 FEET, SAID NORTH 1/ 4 CORNER BEING A IRON PIPE IJITH AN ALUMINUM CAP, PLS NO. 15710; THENCE s.o7•03·10·E. ALONG THE EAST LINE OF SAID SE1/4N'w'l/4 A DISTANCE OF 548.14 FEET; THENCE DEPARTING SAID EAST LINE s.90·00·00•1.J. 84.fill FEET; THENCE s .00·40·50•1J , 80.42 FEET; THENCE S.10"10'24'E . 237.69 FEET TO A POINT ON TH E NORTHERLY RIGHT OF \JAY OF COUNTY ROAD NO. 138; THENCE ALONG SAID RIGHT OF \JAY THE FOLLD'w'ING FOUR COURSE~ D THENCE S.68"S6'19''w', 119.42 FEET; 2) THENCE S.75"17'17''v/. 119.64 FEET; 3) THENCE S.79"09'05'\J. 64.99 FEET; 4) THENCE S.67"03'21'\J. 153.83 FEET TD A POINT ON THE NDRTHERL Y RIGHT OF VIAY OF STATE HIGHIJAY 6 AND 24; THENCE N.65"14'00'\J. 269.18 FEET ALONG SAID RIGHT OF \JAY; THENCE DEPARTING SAID RIGHT OF \JAY N.24"46'00'E . 319.38 FEET; THENCE S.84.18'28'\J. 105.41 FEET; THENCE N.74.56'17'\v'. 210.39 FEET; THENCE N.68.43 '16'\J. 110.56 FEET; THENCE S.72.59'26'\J . 101.15 FEET; THENCE N.80.11'51'\J. 128.20 FEET; THENCE N.02•30'42'E . 142 .25 FEET; THENCE N.2s•o3'51"w', 69.80 FEET; THENCE N.34.01'36'E. 250.32 FEET; THENCE N.23.42'17'E. 160.96 FEET; THENCE N.40.24'52'E. 63.16 FEET; THENCE N.88.28 '24'E. 158.62 FEET; THENCE S.79.43'07'E. 159.13 FEET; THENCE s ,94•39·2o·E. 621.99 FEET TO THE POINT OF BEGINNING. TOGETHER 'w'ITH AND SUBJECT TO THE ACCESS AND UTILITY EASEMENT<S> INDICATED HEREON. SAID TRACT OF LAND CONTAINS 20 .848 ACRES, MORE OR LESS LEGAL DESCRIPTION LOT 4 A TRACT OF LAND SITUATED IN THE N\Jl/ 4 OF SECTION 35, TOIJNSHIP 5 SOUTH, RANGE 90 \VEST OF THE 6TH P.M ., COUNTY OF GARFIELD, STATE OF COLORADQ SAID TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLO\JS• BEGINNING AT THE NORTH 114 CORNER OF THE OF SAID SECTION 35, SAID POINT BEING A IRON PIPE IJITH AN ALUMINUM CAP, PLS NO . 15710; THENCE S.07"03'10'E. ALONG THE EAST LINE OF THE NE1/4N'w'l/4 OF SAID SECTION 35 A DISTANCE OF 1321.88 FEET TO THE SOUTHEAST CORNER OF SAID NE1/4N\Jl/4, SAID POINT BEING A REBAR \JITH AN ALUMINUM CAP, PLS NO . 15710 FOUND IN PLACE; THENCE DEPARTING SAID EAST LINE N.04•39·2o·v. 621.99 FEET; THENCE N.79"43'07'\J. 159.13 FEET; THENCE s.ea•2a1 24'VI. 159.62 FEETi THENCE N.04.15'08'\v', 209 .64 FEET; THENCE N.22.37'14'E. 167 .65 FEET; THENCE N.49.49'42'E. 68.45 FEET; THENCE N.37"28'23'E. 80.15 FEET; THENCE N.W39 '3 4'E. 51.69 FEET; THENCE N.26•11 1 52'E. 62.99 FEET; THENCE N.26.31 '06'\J , 55.72 FEET; THENCE N.45.21'31.E. 855.56 FEET TO THE POINT OF BEGINNING . TOGETHER VIITH AND SUBJECT TO THE ACCESS AND UTILITY EASEMENT<S> INDICATED HEREON. SAID TRACT OF LAND CONTAINS 17.375 ACRES, MORE OR LESS . I llllll lllll llllll llllll llll llll lllllll Ill lllll llll llll •. 610823 09/17/2002 03:25P 81387 P118 M ALSDORF 5 of 5 R 0.00 D 0.00 GARFIELD COUNTY CO