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Home My WebLink About3.0 Resolution 79-52Reoorded: wit o' aloe' .. M - Reoeptioil No. - 99/164- Mildred Alsdorf Reoorder BEFORE THE BOARD OF—COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORAD RESOLUTION NO. 79-52 WHEREAS, Robert and Gloria Arnold have petitioned the Board of Coun Commissioners of Garfield County, Colorado, for an exemption from the:.:;. definition of the terms "subdivision" and "subdivided land" under C RS "197: 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 45.0 acre tract described as -follows: land as described at Page 195 of Book 527 and Page 198 of Book 527 on file in. that parcel of the Office of the Clerk and Recorder of Garfield County, Colorado, into 4 tracts of approximately 5.77, 8.32, 7.84 and 21.93 acres each, more or less, which proposed divided tracts are more particularly described as follows: Tract A: A parcel of land in Section 12, Township 6 South, Range 92 West of the Sixth Principal Meridian lying southerly of the. centerline of the Colorado River, described as follows: : Beginning at a point whence the North One Quarter Corner of Section 7, Township 6 South, Range 91 West of the Sixth Principal Meridian_: bears: N. 35°02'39" E. 5652.48 feet; thence North 738.00 feet to the true point of beginning; thence West 140.00 feet; thence N. 09°04'00" W. 1366.62 feet to a point on the centerline of said Colorado River; thence along said centerline N. 80°39'21" E. 328.00 feet; thence S. 09°20'39" E. 193.51 feet; thence South 1211.91 feet to the true point of beginning. Said parcel of land contains 7.84 acres, more or less. Tract B: A parcel of land in Section 12, Township 6 South, Range 92 West of the Sixth Principal Meridian lying Northerly of County Road No. 335, described as follows: Beginning at a point whence the North One Quarter Corner of Section. 7., Township 6 South, Range 91 West of the Sixth Principal Meridian bears: N. 35°02'39" E. 5652.48 feet; thence S. 77°47'09" W. 32.59 feet along said County Road No. 335; thence S. 70°40'00" W. 94.90 feet along said County Road; thence N. 56°26'00" W. 91.95 feet along the centerline of a ditch as constructed and in place; thence N. 33°07'00" W. 232.85 feet along said ditch; thence N. 15°02'00" W. 74.06 feet along said ditch; thence N. 42°00'00" W. 92.34 feet along said ditch; thence BOOK 5 ? Oc N..68 .44'00" W 54:.34.feet 'along saidditch, thence N. 84°55'00":W. 137.12 feet along said ditch; thence N. 17°48'00" W 140.49 feet, along said ditch' thence N47°58'.00" W 95 51 feet along said ditch, thence West- 195.49 feet 0.4. point in the center of- a gulch; thence - N. 01952'47 W 153.92 feet along the center of said gulch; thence: East 876.04 feet thence South 738.00 feet - to. the point; of beginning, Said parcel of land contains 8.32 acres, more or less. Tract C:: A parcel of land in Section 12, Township 6 South, Range 92 West of the Sixth Principal Meridian lying Northerly of County Road No. 335, described as follows: Beginning at a point whence the North One Quarter Corner of Section 7, Township 6 South, Range 91 West of the Sixth Principal Meridian bears N. 35°02'39" E. 5652.48 feet; thence S. 77°47'09" W. 32.59 feet; thence S. 70°40'00" W. 9.4.90 feet to the true point of beginning being also a point on the Northerly right-of-way line of said County Road. No. 335; the N. 68°07'00" W. 60.95 feet along said right-of-way line; thence N. 79015'43" W. 526.69 feet along said right-of-way line; thence 112.53 feet along the arc of a curve to the left having a radius of 1501.05 feet along said right-of-way line; thence N. 83° 28'24" W. 146.10 feet along said right-of-way line to a point in the center of a gulch; thence N. 00°12'39" W. 92.43 feet along said centerline; thence N. 11°26'42" E. 266.41 feet along said centerline; thence N. 01052147" W. 203.95 feet along said centerline; thence East 195.49 feet; thence S. 47°58'00" E. 95.51 feet along the center- line of a ditch as constructed and in place; thence S. 17°48'00" E. 140.49 feet along said ditch; thence S. 84°55'00" E. 137.12 feet along said ditch; thence S. 68°44'00" E. 54.34 feet along said ditch;. thence S. 42°00'00" E. 92.34 feet along said ditch; thence. S. 15002'00" E. 74.06 feet along said ditch; thence S. 33°07'00" E. 232.85 feet along said ditch; thence S. 56°26'00" E. 91.95 feet along said ditch to a point on the Northerly right-of-way line of said County Road No. 335, the true point of beginning. Said parcel of land contains 5.77 acres, more or less, 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, 1'+_�.?�r✓ BOOK. '.529, P.GE29 orado Revised Statutes -1973, as amended, .for the reason that the impact ated is ::not 'large,"6 Ou r: full subdivision review; and WHEREAS,. the Peti_t-ioners have demonstrated to the satisfaction of the oar • ounty Gommissioners.::of. Gard fiel::. County, Colorado, that there : s a reasonable.; locating domestic water ieach •of •said tracts, that there,.is. equate ingress and `egress °to said tracts, that. the location :of septic tanks 11 lie permitted bythe Colorado Department:o•f Health, that the requested •vision is not part:of an existing or larger•.•development.and does no-t:fal.l. .robab ithin the:general purposes and i'ntent of the subdivision regulations of the • ateof `Colorado and the. County. of Garfield, and should, therefore, be xempted from the definition of the terms :"`subdivision". and "subdivided land" s set forth in;:C R.°S. 1.973, 30 28-101 (10).(a) -(d), as amended; THEREFORE,. upon.:the motion of Larry Velasquez , seconded by rat B''-,_.., and.., 1�,C'•' and carried, the division of the above described from the above described 45.0 acre tract is hereby exempted from such definitions and said tract may be divided into tracts "A", t'B" ,! and "C" ; . all as • is more fully 'described above, and said divided tract may in the form of such smaller tracts without further compliance with mer convey e e'aforesaid subdivision statutes and regulations; provided, however, that is=;exemption s.grantedon the condition and with the express understanding d_agreement- of the Petitioners that -.no. further_exemptions be allowed on 1 d :tracts "A" "B": and "C and that. a copy of the instrument or instruments conveyance `when recorded shall be filed with: this Resolution. ed: this ;:;;29thday .of May: , A.D; 97.. THE BOARD OF COUNTY COMMISSIONERS. OF GARFIELD _ COUNTY,- COLORADO . e uty C•1 IF_'Sf the Boar f: ountyJ Commissioners_' ar-fi el:d County,- Col orado, •