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RESOLtJTION
WHEREAS, Alvin C. Donegan, Ralph A. Earnest and Virginia L.
Earnest have petitioned the Board of County Commissioners of Garfield •
County, Colorado, for an exemption under C.R.S. 1973, 30-28-101(10)(d)
concerning two parcels of land located in Garfield County, Colorado and
particularly described as PARCEL A and PARCEL B on EXHIBIT ONE
attached hereto and made a part hereof;
AND WHEREAS, the Petitioners have presented evidence to the
Board demonstrating with reasonable certainty that PARCEL A is not being
acquired by the said Ralph A. Earnest and Virginia L. Earnest for develop-
ment purposes but solely to increase the area of their existing residential
property which is described as PARCEL C on said EXHIBIT ONE, without
additional construction taking place on either PARCEL A or PARCEL C;
AND WHEREAS, the Board is convinced and does hereby find that
the sale and conveyance of PARCEL A separate and apart from PARCEL B,
and the resulting division of land into two separate parcels of land, is not
within the purposes and intent of the Colorado statutes and should be exempt
from the terms "subdivision" and "subdivided land" as the same are defined
in C.R.S. 1973, 30-28-101(10)(a); Ij
NOW THEREFORE, upon motion of
seconded by ����t�.G¢�� and unanimously carried, the
property known as PARCEL A and PARCEL B on said EXHIBIT ONE is hereby
declared as exempted from such definitions, and the division of said property
.7/ ya
into PARCEL A and PARCEL B may be made by the said Alvin C. Donegan;
the said Alvin C. Donegan may sell and convey PARCEL B separate and apart
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from PARCEL A; and the said Alvin C. Donegan may sell and convey
PARCEL A to the said Ralph A. Earnest and Virginia L. Earnest provided
that said PARCEL A is used, sold or conveyed for development or construc-
tion purposes only upon compliance with Colorado statutes and Garfield County
zoning and subdivision regulations including additional necessary exemption
reques is .
STATE OF COLORADO )
ss. CERTIFICATION
COUNTY OF GARFIELD )
The undersigned, Clerk of Garfield County, Colorado, hereby certifies
that the foregoing Resolution was unanimously adopted by the Board of County
Commissioners of Garfield County, Colorado at its regular meeting held on
May 28, 1975, in Glenwood Springs, Garfield County, Colorado.
Dated May 28, 1975.
Garfield County Clerk
2
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EXHIBIT ONE TO RESOLUTION, Alvin C. Donegan property.
PARCEL A
A parcel of land situated in the SW4SE4 of Section 16, T. 6 S., R. 89 W.
of the 6th P.M., in Garfield County, Colorado, more particularly described
as beginning at a point in the center of the Roaring Fork River, whence the
Northeast Corner of the SE -41- of said Section 16 bears N. 52°14'24" E. 2, 399.42
feet; thence N. 88°34' W. 299.10 feet, more or less, to a point on the Easterly
boundary line of Midland Avenue; thence along such Easterly boundary line of
Midland Avenue, N. 10°49' W. 78.30 feet, more or less; thence along said
Easterly boundary line of Midland Avenue, N. 05°14'58" W. 23.60 feet, more
or less; thence S. 88°34' E. 321.13 feet, more or less, to a point in the center
of the Roaring Fork River; thence along the center of the Roaring Fork River,
S. 03°03' W. 100.00 feet, more or less, to a point in the center of the Roaring
Fork River, being the point of beginning, containing 0.71 of an acre, more or
less.
PARCEL B
A parcel of land situated in the WZSE4 of Section 16, T. 6 S., R. 89 W. of
the 6th P.M., in Garfield County, Colorado, more particularly described
as beginning at a point whence the Northwest Corner of the SE:} of said Sec-
tion 16, bears N. 01°31' E. 1106.97 feet, more or less; thence S. 88°34' E.
336. 84 feet, more or less, to a point on the Westerly boundary line of Midland
Avenue; thence along said Westerly boundary line of Midland Avenue, S. 05°11'58"
E. 343.47 feet, more or less; thence along said Westerly boundary line of
Midland Avenue, S. 10°49' E. 180.34 feet, more or less; thence N. 88°34'
W. 415.82 feet, more or less; thence N. 01°31' E. 517.38 feet, more or less
to the point of beginning, containing 4.4C acres, more or less.
PARCEL C
A tract of land situated in the WzSE4 of Section 16, Township 6 South, Range
89 West of the 6th Principal Meridian, Garfield County, Colorado, lying
Westerly of the centerline of the Roaring Fork River and Easterly of a road
as constructed and in place, described as follows:
Beginning at a point in the center of said river whence an iron post with a brass
cap properly marked for the East Quarter Corner of said Section 16 bears
N. 54°06' E. 2335.40 feet; thence N. 88°34' W. 321.13 feet to a point on the
Easterly line of said road; thence N. 05°14'58" W. 133.82 feet along the
Easterly line of said road; thence S. 88°34' E. 340. 14 feet to a point in the
center of said river and thence S. 02°54'54" W. 132.96 feet along the centerline
of said river to the point of beginning, and containing 1. 0C acre, more or less.