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HomeMy WebLinkAbout4.0 Resolution 96-84.... ( (·~ ·-'' 502575 B-1003 P-830 12/20/1996 10:05A PG 1 OF 10 REC MILDRED ALSOORF GARFIELD COUNIY CLERK AND RECORDER 0.00 STATE 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 of December A.D . 19 96 , there were present: --~M~a~ri=an~I.~S=rru~·t=h _____________ , Commissioner Chairman --~E=l=m=e=-r....,(B==u=ck=e;y'-..,L)__,_Ar-=-"'b=a=ne"""y,___ _________ , Commissioner --~Ar~n~o~ld~L~. ~M=a=c=k=le"'"'y ____________ , Commissioner --~D~o=n~D~e=F~o~rd~ _____________ , County Attorney __ __,_M=1=·1d=r.,,.e=d_,_Al=sd=o"-'-rf,___ ____________ , Clerk of the Board __ ____,C""'h"'"'u=c=k....,D=es=c=h=en=e=s,__ ___________ , County Administrator when the following proceedings, among others were had and done , to-wit : RESOLUTION NO . __ 9_6_-_8_4_ A RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE GARFIELD COUNTY SUBDIVISION REGULATIONS FOR FA YE FAAS. WHEREAS , Faye Faas 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 34 .214 acre tract as described in Book 508 , Page 487 , as filed in the Offices of the Clerk and Recorder of Garfield County, Colorado , into two parcels of approximately 16 .393 and 17.821 acres each, more or less , which proposed divided tracts are more practically described as follows : Lot 1: See Attached Lot 2: See Attached (in the State of Colorado and the County of Garfield); and IC -c··· c e 502575 B-1003 P-831 12/20/1996 10:05A PG 2 OF 10 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 in g ress 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 ; NOW THEREFORE, BE IT RESOLVED that the division of the above described Lots "l" and "2 " from the above described 34 .214 acre tract is hereby exempted from such definitions and said tract may be divided into said Lots "I" and "2" and may be conveyed in the form of such Lots "1" and "2 ", 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 19ttrlay of December ATTEST : ' .·. ...... - • ! . , ... · . . ('. Clerk of the Board .. , »: \<:- .... \ . I ' ' ' ' I • ~ ' ' ,A.D .19 96 . GARFIELD COUNTY BOARD OF COMMISSIONERS , GARFIELD COUNTY , COLORADO Chairman Upon motion duly made and seconded the foregoing Resolution was adopted by the followin g vote : ~~__,_C~D~M~M~T~S~S~T~O~N~E~R..,._~c~H~A~I~R~M~A~NL.__,LM~A~R~I~A~Nu._~T~-_._s~M~T~T~H.._~~~>A y e COMMISSIONER ARNOLD L. MACKLEY A ~~--,,,~,.,....,...,-~~~~~~~~~~~~~~~~~~~~~' ye COMMISSIONER ELMER (Buckey) ARBANEY ~~~~~~~~~~~~~~~~~~~~~~~~~~,Aye J r '· e 502575 B-1003 P-832 12/20/1996 10:05A PG 3 OF 10 0 STATE 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 . IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at Glenwood Springs, this __ day of , AD . 19 __ . County Clerk and ex-officio Clerk of the Board of County Commissioners J 502575 e 0 B-1003 P-833 12/20/1996 10:05A PG 4 OF 10 PROPERTY DESCRIPTION LOT 1 A TRACT OF LAND SI TUA TED IN THE NE1 /4NW1 /4, SECTION 32, TOWNSHIP 6 SOUTH, RANGE 90 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFlELD, STA TE OF COLORADO, L YlNG NORTHERLY OF THE CENTERLINE OF GARFlELD CREEK, SAID TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTH 1/4 CORNER OF SAID SECTION 32; THENCE ALONG THE EAST LINE OF SAID NE1/4NW1/4 S.001J0'51"W. 869.18 FEET TO THE CENTERLINE OF SAID GARFIELD CREEK; THENCE ALONG SAID CREEK CENTERUNE THE FOLLO'MNG TW'ENTY-TWO (22) COURSES; N.53'30'03"W. 21 .04 FEET; S.66"48'17"W. 84.74 FEET; N.49"30'27"W. 96 .23 FEET; N.23"36'36"W. 102.19 FEET; N.3714'47"W. 48.60 FEET; N.4914'48"W. 44.01 FEET; S.6619'36°W. 55.76 FEET; N.66"31'47"W 43.42 FEET; S.84"26'ao·w. 195.45 FEET; N.25"5 8'29°W. 46 .62 FEET; S.8812'18"W 96..42 FEET; N.45"21'03"W. 47 .8 7 FEET; N.81"32'37"W. 83 .49 FEET; S.321J9'43"W. 51.34 FEET; N.81"35'11°W. 49 .04 FEET; N.00"58'19°W. 109.84 FEET; N .55"50°.32"W. 59.80 FEET; N.44"J9'52"W. 136.99 FEET; N.6T45'52"W. 16.3.50 FEET; N.J517'26 °W. 86.33 FEET; N.19"59'44"W. 40.24 FEET; N.4.3"01'J7"W. 1.32.02 FEET TO THE WEST LINE OF SAID NE1 /4NW1 /4; THENCE ALONG SAID WEST UNE N.00"01'10"E. 138.91 FEET TO THE NORTHWEST CORNER OF SAID NE1/4NW1/4; THENCE ALONG THE NORTH LINE OF SAID NE1/4NW1 /4 S.89"48 °.35"E. 1.319 .25 FEET TO THE POINT OF BEGINNING . SAID TRACT OF LAND CONTAINS 17.821 ACRES AS DESCRIBED . TOGETHER 'MTH AND SUBJECT TO EASEMENTS AS SHOWN ON THE FAAS SUBDIV1SION EXEMPTION PLAT. J 502575 B-1003 P-834 12/20/1996 10:05A PG 5 OF 10 PROPERTY DESCRIPTION LOT 2 A TRACT OF LAND SITUATED IN THE NE1/4NW1 /4 , SECTION 32, TO'NNSHIP 6 sourn. RANGE 90 'M:ST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD . STA TE OF COLORADO, L YlNG SOUTHERLY OF Tl-iE CENTERLINE OF GARFIELD CREEK, SAID TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : BEGINNING AT THE INTERSECTION OF Tl-iE CENTERLINE OF GARFIELD CREEK AND THE EAST LINE OF SAID NE1 /4NW1 /4 FROM WHICH THE NORTH 1/4 CORNER OF SAID SECTION 32 BEARS N.00lJ0'51 "E. 869 .18 FEET; THENCE ALONG SAID CREEK CENTERUNE THE FOLLOWING T"M:NTY-TWO (22) COURSES ; N.53"30'03"W. 21.04 FEET; S.66"48'17"W. 84. 74 FEET; N.49"30'27"W. 96 .23 FEET; N.23"36'36"W. 102.19 FEET; N.3714'47"W. 4-8.60 FlEET; N.4914'48°W. 44.01 FEET; S.6619'36"W. 55.76 FEET; N.66"31'47"W 43.42 FEET; s.84"26'oo·w. 195.45 FEET; N.2s·sa·29·w. 46 .62 FEET: s.a812'18·w 96.42 FlEET; N.45"21'03"W. 47 .87 FlEET; N.81'J2'37"W. 83.49 FEET; S.32"09 '4.J"W . 51.34 FlEET; N.81 '35'11·w. 49 .04 FEET; N.00'58'19°W. 109 .84 FEET; N.55'50'32"W. 59 .80 FlEET; N.44'39'52"W. 136 .99 FlEET; N.67'45'52"W. 163.50 FlEET; N.3517'26"W. 86 .33 FlEET; N.19 '59 'H"W. 40 .24 FEET; N.43lJ1 '37"W. 132.02 FlEET TO Tl-iE 'M:ST UNE OF SAID NE1 /4NW1 /4 ; THENCE ALONG SAID M:ST UNE S.OOlJ1'1o·w. 295.40 FEET TO THE NORTI-iEASTERL Y RIGHT OF WAY OF COUNTY ROAD #312; THENCE ALONG SAID NORTHEASTERLY RIGHT OF WAY THE FOLLOWING FlVE (5) COURSES: S.27"28'42"E. 302.02 FEET; 185.31 FEE T ALONG THE ARC OF A CURVE TO THE LEn HAVlNG A RADIUS OF 11 7 0 .18 FEET. A CENTRAL ANGLE OF 09\l4'23" ANO A CHORD 'M -ilCH BEARS S.32lJ0'53"E. 185.11 FlEET ; S.36'33'05"E. 177.81 FEET; 333 . 76 FEET ALONG THE ARC OF A CURVlE TO THE LEFT HAVlNG A RADIUS OF 866 .6.3 FEET, A CENTRAL ANGLE OF 22ll3°58" AND A CHORD WHICH BEARS S.4T35 '04"E. 331 .70 FEET; S.58"37'03"E. 194.65 FlEET TO THE SOUTH LINE OF SA ID NEl /4NW1 /4; THENCE ALONG SAID SOUTHERLY LINE S.89'49'33"E. 564.61 FlEET TO THE SOUTHEAST CORNER OF SAID NE1 /4NW1 /4; THENCE ALONG THE EAST LINE OF SAID NE1 /4NW1/4 N.OO\l0'51"E. 455.32 FlEET TO THE POINT OF BEGINNING. SAID TRACT OF LAND CONTAINS 16 .393 ACRES AS DESCRIBED . TOGETHER WITH AND SU8£CT TO EASEMENTS AS SHO'NN ON THE FAAS SUBDIV1SION EXEMPTION PLAT.