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Home My WebLink About2.0 Resolution 81-40STATE OF COLORADO County of Garfield At a regular B:" 't: 565 PWGE2O2 ss. 1,....)rri.,' _,i j' '-'7G 0'r,r-1, _M. [ + D 9 Recoptian ilio. 311849 AAILDiED ALSDQRF6 RECORDER held at the Court House in Glenwood Springs on February A. D. 19 81 , there were present: Larry Velasquez Eleven J. Cerise Eugene "Jim" Drinkhouse Arthur A. Abplanalp, Jr. meeting of the Board of County Commissioners for Garfield County, Colorado, Monday , the 9th day of Cheryl J. Koss, Deputy when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 81-40 Commissioner Chairman , Commissioner , Commissioner County Attorney , Clerk of the Board A RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE GARFIELD COUNTY SUBDIVISION REGULATIONS FOR ROLLAND DOWLER WHEREAS, Rolland Dowler has 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 January 2, 1979, Sections 2.02.21 (d) and 3.02.01 for the division of a 8.75 acre tract described as follows: In document #262185 filed in the Office of Clerk and Recorder of Garfield County Colorado, into 2 tracts of approximately 5 and 3.75 acres each, more or less, which proposed divided tracts are more particularly described as follows: Parcel A: A parcel of land situated in Lot 3 of Section 18, Township 5 South, Range 90 West of the 6th P.M., lying Southerly of the East-West centerline of said Section 18, and Northerly of the centerline of a 60 foot road easement, said parcel of land is described as follows: Beginning at a point on the East-West centerline of said Section 18 whence the East Quarter Corner of Section 13, Township 5 South, Range 91 West of the 6th P.M., bears: N. 89°48'05" W. 31.80 feet; thence S. 89°48'05" E. 407.01 feet along the East-West centerline of said Section 18. thence S. 00°06'30" E. 593.25 fee, to a point in the center of said road easement; thence 31.92 feet along the arc of a curve to the right, having a radius of 111.59 feet, the chord of which bears: N.78°25'56" W. 31.81 feet; thence N. 70°14'12" W. 134.62 feet along the center of said road easement; thence 99.71 feet along the arc of a curve to the left, having a radius.of 533.14 feet, the chord of which bears: N.75°35'41" W. 99.56 feet; thence N 80°57'08" W. 127.43 feet along the center of said road easement_ thence 27.26 feet along the arc of a curve to the left, having a radius of 365.13 feet, the chord of which bears: N.83°05'27" W. 27.25 feet; thence N 00°06'30" W. 494.67 feet to a point on the East-West centerline of said Section 18, the point of beginning. The above described parcel of land contains 5.00 acres, more or less. Together with .10 cfs. of water out of Priority No. 156A and.20 cfs. of water out of Priority No. 220N as adjudicated to the New Narris Ditch with alike ditch right. Parcel B: A parcel of land situated in Lot 3 of Section 18, Township 5 South, Range 90 West of the 6th P.M., lying Southerly of the East-West centerline of said Section 18, Westerly of the center of the New Harris Ditch, and Northerly of the centerline of a 60 foot road easement, said parcel of land is described as follows: Beginning at a point on the East-West centerline of said Section 18 whence the East QuarterCorner of Section 13, Township 5 South, Range 91 West of the 6th P.M., bears: N. 89°48'05" W. 438.81 feet - thence S. 89°48'05" E. 163.53 feet along the East-West centerline of said Section 18, to a point in the center of said ditch; thence along the center of said ditch S. 13°18'56" E. 9.58 feet: thence S. 41°13'35" E. 61.05 feet; thence S. 48°08'12" E. 149.00 feet; thence S. 26°48'45" E. 72.56 feet; thence S. 14°29'57" W. 108.02 feet; thence S. 08°25'30" W. 86.00 feet; ther1ce S. 38° 22'22" W. 66.95 feet; thence S. 07°10'18" E. 69.81 feet to a point in the center of said road easement; thence S. 74°00'53" W. 111.71 feet along the center of said road easement; thence 39.50 feet along the arc of a curve to the right, having a radius of 137.11 feet, the chord of which bears: S. 82°16'08" W. 39.37 fee; thence 79.71 feet along the arc of a curve to the left having a radius of 185.02 feet, the chord of which bears: S. 78°10'55" W. 79.09 feet; thence 53/62 feet along the arc of a curve to the right, having a radius of 111.59 feet, the chord of which bears: S. 79°36'20" W. 53.11 feet; thence N. 00°06'30" W. 593.25 feet to a point on the East-West centerline of said Section 18, the point of beginning. The above described um 565 PAtE2O3 land contains 3.75 acres, more or less. Together with .0750 cfs. out of Priority No. 156 A and .140 cfs. out of Priority No.220N out of the New Harris Ditch with the ditch right for the transportation of the water. (in the State of Colorado and County of Garfield); and WHEREAS, the Petitioner has 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 Petitioner has demonstrated to the safisfaction 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 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" asset 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" and "B" from the above described 8.75 acre tract is hereby exempted from such definitions and said tract may be divided into tracts "A" and "B", 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 Petitioner that no further exemptions be allowed on said tracts "A" and "B", and that a copy of the instrument or instruments of conveyance when recorded shall be filed with this Resolution. ATTEST; THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO By: Deputy Cl: k olf/ e Board of County Comm sioners Garfield County, Colorado Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: Larry Vela,quez Aye Flaven J. Cerise Aye Eugene "Jim" Drinkhouse Aye STATE OF COLORADO ss County of Garfield Commissioners , 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 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. 19 County Clerk and ex -officio Clerk of the Board of County Commissioners.