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Home My WebLink About2.0 Resolution 80-215• _9 ,,''o..i�im I0. SEP1019R0 0-5 Recepfien NN!o.jerfic72r iviILDRED ALSDORF, RECORDER STATE OF COLORADO County of Garfield Ata regular meeting of the I3oard of County Commissioners for Garfield County, Colorado, held at the Court House in Glenwood Springs on Monday the 8th day of September A. D. 19 80 , there were present: Richard C. Jolley 55, B ir'K 555 ek.CE443 Larry Velasquez Flaven J. Cerise Arthur A. Abplanalp, Jr. Nancy Sprick Page, 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. 80-215 A RESOLUTION CONCERNED WITH THE APPROVAL OF AN EXEMPTION FOR DAVID AND MARGUERITTE KERH WHEREAS, David and Margueritte Kerh 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 Sub- division Regulations of Garfield County, Colorado, adopted January 2, 1979, Sections 2.02. 21 (d) and 3.02.01 for the division fo a 26.501 acre tract described as follows: As described in document number 219951 and deed of trust hood 525 page 349 recorded in the office of Clerk and Recorder of Garfield County Colorado. into 3 tracts of approximately 9.8 and 11.745 and 4.913 acres each, more or less, which proposed divided tracts are more particularly described as follows: Tract A: Beginning at the Southwest corner of the NE'-:iSW' of Section 20, Township 6 South, Range 93 West of the 6th Principal Meridian, Garfield County, Colorado; thence N 0°25128" W, 4.84 feet along the west line of the NE':;St+l'.i of said Section 20 to a point on the northwesterly right-of-way line of County Road x'320; thence along said right-of-way line the following three courses: along a non -radial curve to the right having a central angle of 10037'43", a radius of 2.70.00 feet, an arc length of 50.09 feet and of which the chord bears N 40°49'09" E, 989.16 feet to the point of intersection of the northwesterly right-of-way line of County Road #321; thence along said right-of-way line of County Road =321, along a non -radial curve to the left having a central angle of 15047'16", a radius of 80.00 feet, an arc length of 22.04 feet and of which the chord bears N 61018'54" W 21.97 feet ; thence continuing along said right-of-way line N 69°12'34" W, 314.40 feet; thence PJ 15°18'26" E, 228.46 feet: thence 89°27'51" E, 525.64 feet along the ease/west centerline of Section 20; thence S 3°09'28" W, 281.54 feet: thence S 50020'55" W, 214.33 feet to a point on the easterly right of way line of County Road #320; thence along said right-of-way line the following five courses: along a non -radial curve to the right having a central angle of 28°38'11", a radius of 140.00 feet an arc length -of 69.97 feet and of which the chord bears S 16°51'51" W, 69.25 feet; thence S 31°10'51" W, 147.94 feet; thence along a curve to the left having a central angle of 5°44'30", a radius of 1970.00 feet, an arc length of 197.42 feet and of which the chord bears S 28°18'41" '1, 197.34 feet: thence S 25°26'26" W, 434.47 feet; thence along a curve to the left having central angle of 17°46'14", a radius of 510.00 feet, an arc length of 158.18 feet and of which the chord hears S 16033'19" W, 157.55 feet to a point on the south line of the NE':;SW'., of Section 20; thence S 89°25'04" W, 420.82 feet along said south line to the point of beginning, Containing 9.843 acres more or less. EXCEPT that portion of County Road ==320 and County Road #321 lying within said Tract A. Tract B: Beginning at the Center of Section 20, Township 6 South, Range 93 West of the 6th Principal Meridian, Garfield County, Colorado; thence S 0°14'24" E, 685.24 feet along the north/south centerline of said Section 20 to a point on the south- easterly right-of-way line of County Road "320; thence along said right-of-way line the following four courses: S 63006'46" W, 193.01 feet; thence along a curve to the left having a central angle of 25°36'40", a radius of 370.00 feet, an arc length of 165.39 feet and of which the chord bears S 50°18'26" W, 164.02 feet; thence S 37030' 06" W, 408.79 feet; thence along a curve to the left having a central angle of 3°28' 18", a radius of 2570.00 feet, an arc length of 155.72 feet and of which the chord bears S 35045'57" W, 155.70 feet to a point on the south line of the NE'.;SW'_3 of Sec- tion 20, thence S 89°25'04" W, 245.95 feet along said south line to a point on the easterly right-of-way line of County Road y32f; thence along said right-of-way line of the following five courses: along a non -radial curve to the right having a central angle of 17°46'14", a radius of 510.00 feet, an arc length of 158.19 feet and of which the chord hears N 16°33'19" E, 157.55 feet; thence 25°26'26" E, 434.47 feet; thence along a curve to the right having a central angle of 5044'30", a radius of 1970.00 feet, an arc length of 197.42 feet and of which the chord bears N 28°18'41" E, 197.34 feet; thence N 31°10'51" E, 147.94 feet; thence along a curve to the left BooK 555 NcE4:44 having a central angle of 28°38'11", a radius of 140.00 feet, an arc length of 69.97 feet and of which the chord bears N 16°51'51" E, 69.25 feet; thence N 50020'55" E, 214.33 feet; thence N 3°09'28" E, 281.54 feet; thence N 89°27'51" E, 278.96 feet along the east/west centerline of Section 20 to the point of beginning. Containing 11.745 acres, more or less. EXCEPT that portion of County Road #320 lying within said Tract B. Tract C: Beginning at the NE'SSW';i of Section 20, Township 6 South, Range 93 west of the 6th Principal Meridian, Garfield County, Colorado; thence N 89°27'51" E, 507.34 feet along the east/west centerline of said Section 20; thence 15°18'26" W, 228.46 feet to a point on the southerly right-of-way line of County Road #321; thence N 69°12'34" W, 15.50 feet along said County Road right-of-way; thence S 39014'32" W, 675.12 feet along the northwesterly boundary line of a parcel owned by the City of Rifle and described in Document #136127 of the Records of Garfield County, Colorado; thence N 0°25'26" W, 733.00 feet along the west line of the NE'Slh_.t of Section 20 to the point of beginning. Containing 4.913 acres, more or less. EXCEPT that portion of County Road #321 lying with said Parcel 1. 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 impact created does not warrant a full 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 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" frori the above described 26.501 acre tract is hereby exempted from such definitions and said tract may be divided into tracts "A", "8", 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 Petitioners that no further exemptions be allowed on said tracts "A", "B", and "C", and that a copy of the instrument or instruments of convey- ance when recorded shall be filed with this Resolution. Dated this 8th day of September , A.D. 1979. THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO ATTEST: ,4,,1.%,f,( 4`= l,(CG(_: (ls')C--- DeOuty clerk/of the Board of CountCommissioners Garfield County, Colorado .: 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 Ave 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 ray 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.