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Home My WebLink About3.0 Resolution 85-8Recorded at �` o'clock M. JAN 0 7 195 Reception No. RECORDER G.,LFicL i;vJ;.TY, COLORADO STATE OF COLORADO County of Garfield At a 'F31v#X bf f!Lt J )ss regular meeting of the Board of County Commissioners tor Gartield County, Colorado, held at tne Commissioners' Meeting Room, Garfield County Courthouse in Glenwood Springs on Monday , the 7th day of January A.D. 19 85 , there were present: Larry Velasquez Flaven J. Cerise Eugene "Jim" Drinkhouse Earl Rhodes Mildred Alsdorf , Commissioner Chairman , Commissioner , Commissioner , County Attorney , Clerk of the Board when tne following proceedings, among others were naa ana aone, to -wit: RESOLUTION NO. 85-8 A RESOLUTION OF AN EXEMPTION REQUEST BY WARREN H. BUXTON, CHARLES BUXTON AND EDITH SARVER. WHEREAS, Warren H. Buxton, Charles Buxton and Edith Sarver 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 tor the division of an 85 acre tract described as follows: as found in the Garfield County Clerk and Recorder's oftice in Book 532, page 77417-75 into 2 tracts of approximately 8 acres and 77 acres each, more or less, which proposed divided tracts are more particularly described as follows: Tract A: See attached legal description for Parcel Number 1 Tract B: See attached legal description for Parcel Number 2 (in tne State of Colorado and County of Garfield); and WHEREAS, the Petitioners nave demonstrated to the satisfaction of the Board of County Commissioners of Garfield County, Colorado, that the proposed division does not fall within tne 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 tracts, that tnere 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 tne county of Gartield, and should, therefore, be exempted from the definition of the terms "subdivision" and subdivided land" as set torth in C.R.S. 1973, 30-28-101 (10) (a) -(d), as amended; • • ": r'_5 NOW THEREFORE, BE IT RESOLVED that tne division of the above described tracts "A" and "B trom tne above described 85 acre tract is nereby exempted from such definitions and said tract may be divided into tracts "A" and "B", all as is more tuLly described above(' and sa '' •i- u -tract t-he---€orm- of such s-maller tracts -without further compliance witn the atoresaid- subdivision u�at o-rrs;� t--this—exemption—is granted-on—the condition and ith tne express --understanding and -aq eeme-nt.of._the__..Pet..i,.tianars-.tn&t no) rLa_a- uVed on—said-- tracts - "A" and—"B" and-- th-at—a_c0p— of __the--instrumnent- or instruments at -conveyance -when -record U� i 1 e ci w i-th--tt rrg -Re e -l -n- i ‘,n .. `v Dated this day of d,,-,j,tA 4, , A.D. 198^. . -. ATTEST: e - (".,-,_,P Cier/K of the Board THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO By: Upon motion duly made and seconded the foregoing Resolution was adopted by the tollowing vote: Larry Velasquez Flaven J. Cerise Eugene "Jim" Drinkhouse STATE OF COLORADO County of Garfield Aye Aye Aye I, , County ClerK and ex -officio Clerk of the Board ot County Commissioners in and tor the County and State aforesaid do hereby certify that the annexed and foregoing Order is truly copied trom the Records of tne Proceedings ot tne Board ot County Commissioners tor said Garfield County, now in my office. IN WITNESS WHEREOF, I nave nereunto set my hand and affixed the seal of said County, at Glenwood Springs, this day of , A.D. 19 L O of � a ti A U Ej O •0) 0 z • • et10K 662 ?.CE 5 26 LEGAL DESCRIPTION PARCEL No. 1 A parcel of land in the S. of Section 30, Township 6 South, Range 94 West of the 6th Principle Meridian in Garfield County, Colorado and being more particularly described as follows: Beginning at the S.W. Corner of said Section 30, thence North 825 feet; thence East 940 feet,. thence North a distance of 46.21 feet to a point on the northerly right-of-way line of County Road No. 320; thence continuing North a distance of 508.11 feet to the True Point of Beginn- ing of Parcel No. 1; thence North and along the easterly line of that property described in Book 487 at Page 548, in the Garfield CountygRecorder's Office, a distance of 504.38 feet to a point on the South Meander Line of the Co1rado River; thence easterly along said South Meander Line the following courses: N.35°08!00"E. 330.1 feet; N.83°0300"E. 314.9 feet; 5.85°08'00"E. 399.0 feet; S.81°34'00"E. 324.1 feet; S.70°32'00"E. 572.96 feet; to a point on the North Boundary Line of Lot 6 of said Section 30; said North Boundary Line being also the South Meander Line of the Colorado river as surveyed by Churchfield in 1889; thence N.75"49'00"E. and along said North Boundary Line 300.99 feet; thence S.65°00'00"E. and continuing along said North Boundary Line a distance of 1592.90 feet to a point on the line between Lots 6 and 10 of said Section 30; thence West and along the line between said Lots 6 and 10 a distance cf 611.38 feet to the Corner common to said Lots 6 and 10 and the S.W.1 of the S.E.1 of said Section 30; thence South and along the westerly line of said Lot 10, a distance of 495 feet;,. thence West a distance of 2112.33 feet to a point on the southerly right-of-way line of County Road No. 320; thence northeasterly along said southerly right-of-way line along a curve to the left having a radius of 119.20 and a central angle of 37°11'41" for an arc length; distance of 77.38 feet and for which the chrord bears N.49°38'16"E. 76.03 feet; thence N.31°02'25"E. and continuing'along said southerly right-of-way line a distance of 280.56'feet;: thence N.55°25'18"W. and crossing said County Road No. 320 a distance of 60.11 feet to a pointe on the northerly right-of-way line of said County Road; thence N.76°00'50"W. a distance' of 954.06 feet more or less to the True Point of Beginning. Containing 70.681 acres more or less;. LEGAL DESCRIPTION PARCEL No. 2 A parcel of land in the S. of Section 30, Township 6 South, Range 94 West of the 6th Principle Meridian in Garfield County, Colorado and being more particularly described as follows: L' -:ginning at the S.W. Corner of said Section 30, thence North 825 feet; thence East 940 feet, thence North a distance of 46.21 feet to a point on the northerly right-of-way line of County Road No. 320; the True Point of Beginning for Parcel No. 2; thence North, and along the easterly line of that property described in Book 487 at Page 548 in the Garfield County Recorder's Office; a distance of 508.11 feet; thence S.76"00'50"E. a distance of 954.06 feet to a point on the northerly right-of-way line of County Road No. 320; thence S.31"02'25"W.' and along said northerly right-of-way line a distance of 284.27 feet; thence continuing along said northerly right-of-way line along a curve to the right having a radius of 59.20 and a central angle of 58°32'38" for an arc length distance of 60.49 feet and for which the chord bears S.60°18'44"W. 57.89 feet; thence S.89°35'03"W. and continuing along said northerly right-of-way line a distance of 728.92 feet more or less to the True Point of Beginning of Parcel No. 2. Containing 7.764 acres more or less.