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HomeMy WebLinkAbout3.0 Resolution 81-230STATE OF COLORADO County of Garfield Ata regular 1aox 577 PICE91O Recorded at ZDV o'ckxk RM. JUL 30 t981 Reception No. 31175 MILDRED ALSDORF, RECORDER riieeting of the Board of County Commissioners for Garfield County, Colorado, held at the Court House in Glenwood Springs on 15.1e.s.day the 28th day of ...uly A. D. 19.83. , there were present: Larry Ve.1aa. ine >: , Commissioner Chairman E.1.aven....J... Cex.i.S? , Commissioner Eugene "Jim" Dxii 1 hpuse , Commissioner Ax. }a,ux...A-...AbIllanalp.,, Jr. , County Attorney Chexy.1....J.. K0.U.3....Deputy , Clerk of the Board when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 81-230 RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE GARFIELD COUNTY SUBDIVISION REGULATIONS FOR J. GOLDEN BAIR. WHEREAS, J. Golden Bair 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 1084 acre tract described as follows: That parcel of land as described in Document No. 157735 as filed in the Office of the Clerk and Recorder of Garfield County, Colorado into 2 tracts of approximately 1082 and 2 acres each, more or less, which proposed divided tract is more particularly des- cribed as follows: Tract A: A parcel of land located in Tract 40, Section 15, Township 5 South, Range 87 West of the 6th Principal Meridian according to the Independent Resurvey of said township and range as accepted by the U.S. Surveyor General's Office in Denver, Colorado, on January 26, 1923. Said parcel being more particularly des- cribed as follows: Beginning at a point from which Corner No. 7 of said Tract 40 bears North 09° 06'54" E. 618.94 feet; thence S 42°05'25" W. 129.82 feet; thence S 05°42'17" W 57.85 feet to the center of a concrete box marking the point of diversion of a spring; thence S 61°05'51" W. 345.69 feet to a point on an existing fence; thence following said fence on the following courses and distances: N 21°52'18" E. 255.16 feet; N 21°51'29" W. 54.34 feet; N 46°58'18" E. 26.10 feet; N 10°34'04" E. 52.24 feet; N 10°55'02" W, 36.91 feet; N 22°02'25" E. 113.55 feet; S 77°17'38" E. 36.78 feet; S 60°07'18" E. 21.82 feet; thence leaving said fence N 77°25'23" E, 45.14 feet; thence S 43°10'57" E. 230.07 feet to the point of beginning. Said parcel of land contains 2.1331 acres, more or less. Together with an easement and right-of-way for access and roadway purposes 30 feet in width, lying and being 15 feet on either side of the following described center- line, to wit: Beginning at a point on the Northerly line of the Craig Bair Parcel from which Corner No. 7 of Tract 40 bears N 36°02'36" E. 546.22 feet; thence N 33°28'29" E. 47.30 feet; thence 63.09 feet on a curve to the left having a radius of 186.34 feet, the chord of which bears N 20°47'05: E. 62.79 feet; thence N 14°04'35" E. 124.50 feet; thence S 87°38'48" W. 229.40 feet; thence S 85°24'20" W. 104.87 feet; thence 120.49 feet on the arc of a curve to the right having a radius of 111.99 feet, the chord of which bears S 52°45'31" W. 114.76 feet; thence S 23°45'45" W. 50.79 feet; thence 93.20 feet on the arc of a curve to the right having a radius of 122.00 feet, the chord of which bears S 45°38'48" W. 90.95 feet; thence S 67°31'51" W. 50.00 feet; thence 101.01 feet on the arc of a curve to the left having a radius of 272.10 feet, the chord of which bears S 55°54'59" W. 100.43 feet; chence S 46°15'41" W. 78.72 feet; thence S 62°27'39" W. 177.31 feet; thence S 74°52'59" W. 115.00 feet; thence 82.70 feet on the arc of a curve to the right having a radius of 69.69 feet, the chord of which bears N 71°07'18" W. 77.93 feet; thence N 37°07'38" W. 278.85 feet; thence N 39°00'09" W. 100.50 feet; thence N 26°27'15" W. 551.85 feet to the inter- section with the Southerly right-of-way boundary of U.S. Highway 6, the point of terminus; and BOOK 577 PACE911 } REAS, thegPetitioner has demonstrated to the satisfaction of the Board of County C-7FISSio#er0Garfield County, Colorado, that the proposed division does not fall within the.purposeg:ofPart 1, Article 28, Title 30, Colorado Revised Statutes 1973, as amended, fork_the-rteason;that:the impact created does not warrant further subdivision review, and -WHEREAS, theTetitioner has demonstrated to the satisfaction of the Board of County Commissoiiers of_Garfield County, Colorado, that there is a reasonable probability of locatinVdomestic-water on each of said tracts, that there is adequate ingress and egress o--said'itract's, that the location of septic tanks will be permitted by the Colorado Depart- ment ofrHea'lth, that the requested division is not part of an existing or larger development and doe 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; NOW, THEREFORE, BE IT RESOLVED that the division of the ab_2ve described tracts "A" from the above described 1084 acre tract is hereby exempted from such definitions and said tract may be divided into tracts "A", 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 tract "A" and that a copy of the instrument or instruments of conveyance when recorded shall be filed with this Resolution. ATTEST: +n / �-^�) Deputy Cler of t Board of County ommi 'oners Garfield County, Colorado THE BOARD OF COUNTY COMMISSIONERS GARFIELD COUNTY, COLORADO BY: Chairma Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: ..Lax..y Aye Flaven J, Cerise Aye Eugene "Jim" Drinkhouse 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, I have hereunto set my hand and affixed the seal of said County, at Glenwood Springs, this day of A. D. 14 County Clerk and ex -officio Clerk of the Board of County Commissioners.