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HomeMy WebLinkAbout3.0 Resolution 82-329STATE OF COLORADO ss. County of Garfield BOOK 615 PM E884 t, ` Reception No. •41,,d'4'efsi5botatj /A;L fi: : i AL.JiiORi", R CORDER At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, Monday , the 27th day of December A. D. 19 82 , there were present: held at the Court House in Glenwood Springs on Flaven J. Cerise Commissioner Chairman Eugene "Jinn" Drinkhouse , Commissioner Larry Velasquez , Commissioner Earl Rhodes , County Attorney Mildred Alsdorf , Clerk of the Board when the following proceedings, among others were had and done, to- ,it: RESOLUTION NO. 82-329 A RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE GARFIELD COUNTY SUBDIVISION REGULATIONS FOR HENRY V. BORKOWSKI AND COLORADO COUNTY PANORAMA RANCHES. WHEREAS, Henry V. Borkowski and Colorado. County Panorama Ranches 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 Subdivision Regulations of Garfield County, Colorado, adopted January 2, 1979, Sections 2.02.21 (d), and 3.02.01 for the division of a 19.07 acre tract described as follows: A tract of land situated in the NE4 of Section 17, Township 7 South, Range 87 West of the Sixth Principal Meridian into 3 tracts of approximately 8.03, 5.65 and 5.39 acres each, more or less, which proposed divided tracts are more particularly described as follows: HOMESTEAD 12: Homestead /12, Panorama Ranches Subdivision, County of Garfield, State of Colorado, being more particularly described as follows: TRACT "A" Commencing at the Northeast Corner of Section 17, Township 7 South, Range 87 West of the Sixth Principal Meridian; thence S.55°33 '13"W. 1001.90 feet to the -Northeast Corner of said Homestead #12, the True Point of Beginning; thence N.88°32'17"W. 371.15 feet to the northwest corner of said Homestead; thence S.07°38'51"W. 1048.12 feet to the Southwest Corner of said Homestead, also being a point on the northerly right-of-way line of Panorama Drive: thence along the southerly line of said Homestead and said right-of-way line the following three courses: Along the arc of a curve to the right having a radius of 1365.71 feet and a central angle of 04°32'06" a distance of 108.10 feet, chord bears N.89°15'22"E. 108.07 feet; 5.88°28'35"E. 106.08 feet: along the arc of a curve to the left having a radius of 162.20 feet and a central angle of 36°15'25" a distance of 102.64 feet (chord bears N.73°23'42"E. 100.94 feet), to the Southeast Corner of said Homestead; thence N.11°16'18"E. 1021.60 feet to the True Point of Beginning; containing 8.03 acres, more or less. Subject to any and .all easements as shown on the First Amended Plat of Panorama Ranches Subdivision as on record. HOMESTEAD 13: Homestead /13, Panorama Ranches Subdivision, County of Garfield, State of Colorado, being more particularly described as follows: TRACT "B" Commencing at the Northeast Corner of Section 17, Township 7 South, Range 87 West of the Sixth Principal Meridian; thence S.55°33'13"W. 1001.90 feet to the Northwest Corner of said Homestead i'#13, the True Point of Beginning; thence 5.11°16'18"W. 1021.60 feet to the Southwest Corner of. said Homestead and a point on the northerly right-of-way line of Panorama Drive; thence N.55°16'00"E. along said right-of-way line and Southerly line of said Homestead 300.99 feet; thence along said right-of-way line and said southerly line along the arc of a curve to the right having a radius of 540.30 feet and a central angle of 15°54'24" a distance of 150.00 feet (chord bears N.63°13'12"E. 149.52 feet)'to the Southeast Crner of said Homestead; thence N.06°39'25"W. 391.86 feet; thence N.30°24'31"E. 42.3.10 feet to the Northeast Corner of said Homestead; thence N.88°32'17"W. 350.00 feet to the True Point of Beginning; containing 5.65 acres, more or less. Subject to any and all easements as shown on the First Amended Plat of Panorama Ranches Subdivision as on record. BOOK €W) PMGES85 HOMESTEAD 14: Homestead #14, Panorama Ranches Subdivision, County of Garfield State of Colorado, being more particularly described as: follows: TRACT "C" Commencing at the Northeast Corner of Section 17, Township 7 South, Range 87 West of the Sixth Principal Meridian; thence S.39°36'28"W. 747.17 feet to the Northwest Corner of said Home- stead, the True Point of Beginning; thence S.30°24'31"W. 423.10 feet; thence S.06°39'25"E. 391.86 feet to the Southwest Corner of said Homestead and a point on the northerly right-of-way line of Panorama Drive; thence along said right--of-way line and the southerly line of said Homestead, along the arc.of a curve to the right having a radius of 540.30 feet and a central angle of 09°29'36" a distance of 89.52 feet (chord bears N.75°55'12"E. 89.42 feet); thence along said right-of-way line and said southerly line N.80°40'00"E. 123.00 feet to the Southeast Corner of said Homestead; thence N.21°00'23"E. 754.65 feet to the Northeast Corner of said Homestead; thence N.88°32'17"W. 310.00 feet to the True Point of Beginning; containing 5.39 acres, more or less. Subject to any and all easements as shown on the First Amended Plat of Panorama Ranches Subdivision as on record. (in the State of Colorado and County of Garfield); and 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 this split is solely for the purposes of adjusting property boundaries and no new lots are created by this action;.and WHEREAS, the Petitioners have demonstrated to the satisfaction of the Board of County Conunissioners 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 does not fall within the 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" from the above described 19.07 acre tract is hereby exempted from such definitions and said tract may be divided into tracts "A", "B", 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 agremeent 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 conveyance when recorded shall be filed with this Resolution. ATTEST: z ✓7) 4„reti Clerk of the Board BARD OF COUNTY COMMISSIONERS GARFIELD COUNTY, COLORADO i`. Chairman ,/ Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: Aye Aye Aye 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 my office. IN WITNESS WHEREOF, 1 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.