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Home My WebLink About6.0 Resolution 93-064RECDRDE44T 6 O'CLOCK/9 M. JUL 2 2 1993 REC u V♦ y MILDRED ALSDORF, COUNTY CLERK STATE OF COLORADO ) )ss County of Garfield ) anox 869 'tG[694 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 l9th of July A.D. 19 93 , there were present: Elmer (Buckey) Arbaney Marian I. Smith Arnold L. Mackley Don DeFord Mildred Alsdorf Chuck Deschenes , Commissioner Chairman , Commissioner , Commissioner , County Attorney , Clerk of the Board , County Administrator when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 93-064 A RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE GARFIELD COUNTY SUBDIVISION REGULATIONS FOR ROBERT DELANEY AND KENNETH BALCOMB. WHEREAS, Robert Delaney and Kenneth Balcomb 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 8.08 acre tract as described in Book 352, Page 145, as filed in the Offices of the Clerk and Recorder of Garfield County, Colorado, into four parcels of approximately 1.203, 2.295, 2.295, and 2.287 acres each, more or less, with the exemption parcels more practically as follows: Lot 1 (see attached) Lot 2 (see attached) Lot 3 (see attached) Lot 4 (see attached) (in the State of Colorado and the 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 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 ingress and egress to said parcels, that the location of septic tanks will be permitted by the Colorado Department of Health, that the requested • Q BOOK 869 695 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; and NOW THEREFORE, BE IT RESOLVED that the division of the above described parcels 1, "2", "3" and "4" from the above described 8.09 acre tract is hereby exempted from such definitions and may be conveyed in the form of such parcels "1", "2", "3" and "4" 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 19th day of July , A.D. 19 93 . ATTEST: C1er of the Board vote: GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFIELD COUNTY, COLORADO 1//72 %J Chairman Upon motion duly made and seconded the foregoing Resolution was adopted by the following Elmer (Bucker) Arbaney Marian I. Smith Arnold L. Mackley STATE OF COLORADO ) )ss County of Garfield ) , Aye , Aye , Aye 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 , A.D. 19 County Clerk and ex -officio Clerk of the Board of County Commissioners • • LEGAL DESCRIPTION OF LOT 1, COKE OVEN EXEMPTION; BOOK 869 PACT 696 Beginning at the northerly corner of lot 1, Coke Ovens Exemption, being the same as the point of beginning of the Coke Ovens Exemption, and a point on the southerly right-of-way of County Road 163, Thence along said right-of-way, a curve to the right, 775.22'. Said curve having a central angle of 14°26'34", a radius of 3075.36', and a chord that bears S44°23'28"E, 773.17'; Thence S52°49'48"W, 150.00' to the beginning of a non -tangent curve to the left, said curve having a central angle of 02°51'53", a radius of 2925.36', and a chord that bears N38°36'08"W, 146.25'; Thence along the arc of said curve, 146.27'; Thence N49 °57'55"E 100.00' to the beginning of a non -tangent curve to the left, said curve having a central angle of 10°53'26", a radius of 3025.36', and a chord that bears N45 °28'48"W, 574.18'; Thence along the arc of said curve, 575.05'; Thence NO2°31'52"E, 61.97' to the Point Of Beginning, containing 1.203 acres more or Tess. LEGAL DESCRIPTION OF LOT 2, COKE OVEN EXEMPTION; Beginning at the NE corner of lot 2, Coke Ovens Exemption, being the same as the SE corner of Lot 1, Coke Ovens Exemption, and a point on the southerly right-of-way of County Road 163, Whence the point of beginning of the Coke Ovens Exemption bears N44°23'28"W, 773.17'; Thence along said right-of-way, a curve to the right, 683.03'. Said curve having a central angle of 12°43'31", a radius of 3075.36', and a chord that bears S30°48'26"E, 681.63'; Thence S65 °33'19"W, 150.00' to the beginning of a non -tangent curve to the left, said curve having a central angle of 12°43'31", a radius of 2925.36', and a chord that bears N30 °48'26"W, 648.38'; Thence along the arc of said curve, 649.72'; Thence N52°49'48"E 150.00' to the Point Of Beginning, containing 2.295 acres more or less. LEGAL DESCRIPTION OF LOT 3, COKE OVEN EXEMPTION; Beginning at the NE corner of lot 3, Coke Ovens Exemption, being the same as the SE corner of Lot 2, Coke Ovens Exemption, and a point on the southerly right-of-way of County Road 163, Whence the point of beginning of the Coke Ovens Exemption bears N38°01'43"W, 1444.43'; Thence along said right-of-way, a curve to the right, 683.03'. Said curve having a central angle of 12°43'31", a radius of 3075.36', and a chord that bears S18°04'55"E, 681.63'; Thence S78 °16'50"W,150.00' to the beginning of a non -tangent curve to the left, said curve having a central angle of 12°43'31", a radius of 2925.36', and a chord that bears N 18 °04'55 "W, 648.38'; Thence along the arc of said curve, 649.72'; Thence N6 5°33'1 9"E 150.00' to the Point Of Beginning, containing 2.295 acres more or Tess. • • LEGAL DESCRIPTION OF LOT 4, COKE OVEN EXEMPTION; BOOR 86997 Beginning at the NE corner of lot 4, Coke Ovens Exemption, being the same as the SE corner of Lot 3, Coke Ovens Exemption, and a point on the southerly right-of-way of County Road 163, Whence the point of beginning of the Coke Ovens Exemption bears N31 °39'57"W, 2098.29'; Thence along said right-of-way, a curve to the right, 683.03'. Said curve having a central angle of 12°43'31", a radius of 3075.36', and a chord that bears S05°21'24"E, 681.63'; Thence N87 °16'06"W, 150.07' to the beginning of a non -tangent curve to the left, said curve having a central angle of 12°38'12", a radius of 2925.36', and a chord that bears N05 °24'03"W 643.89'; Thence along the arc of said curve, 645.20'; Thence N78 °16'50"E, 150.00' to the Point Of Beginning, containing 2.287 acres more or Tess.