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Home My WebLink About3.0 Resolution 92-0098 RECORDED AT /O- O CLOCK» . M. FEB 11 1992 REC 4 4'1568 MILDRED ALSDORF, COUNTY CLERK STATE OF COLORADO ) )ss County of Garfield ) BOOK 823 P E403 Ata 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 10th of February A.D. 19 92 , there were present: Arnold L. Mackley Elmer (Buckey) Arbaney Marian I. Smith nnn DeFord Mildred Alsdorf r'hnr-k 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. 92-009 A RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE GARFIELD COUNTY SUBDIVISION REGULATIONS LEVY E. BURRIS, JR. WHEREAS, Levy E. Burris, Jr. 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 353 acre tract as described in Book 591, Page 337, as filed in the Offices of the Clerk and Recorder of Garfield County, Colorado, into two parcels of approximately 25.929 acres and 326 acres each, more or less, which the proposed small tract is more practically described as follows: Lot 1: 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 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; BOOK 823 r E4C-1. NOW THEREFORE, BE IT RESOLVED that the division of the above described parcel "1" from the above described 353 acre tract is hereby exempted from such definitions and may be conveyed in the form of such parcel "1", 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 loth day of February ATTEST: Cle k of the Board vote: , A.D. 1992 GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFIELD COUNTY, COLORADO Chairman Upon motion duly made and seconded the foregoing Resolution was adopted by the following Arnold L. Mackley Elmer (Buckey) Arbaney Marian I. Smith 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 • • EXHIBIT A LEGAL DESCRIPTION BOOK 823 P!CE4O5 That portion of the NE1/4 NW1/4 and the NW1/4 NW1/4, Section 17, Township 6 South, Range 92 West of the 6th P.M. Situate southerly of the Interstate Highway 70 right-of-way conveyed by Court Order recorded in Book 493 at Page 768 and excepting the tract of land conveyed to George Yule by Deed recorded in Book 32 at Page 425 and excepting the tract of land conveyed to School District 27 by Deed recorded in Book 25 at Page 188, being more particularly described as follows: Beginning at the southwest corner whence the brass cap at the N 1/16 corner to Sections 18 and 17 bears S 89°21'27" W 1072.50 feet, thence N 89°21'27" E 254.93 feet along the south boundary of said NWS of the NWS to a brass cap at the NW 1/16 corner, thence N 89° 21'27" E 372.47 feet along the south boundary of said NE1/4 of the NW1/4 to its intersection with the northerly right-of-way fence of County Road #346, thence continuing along said south boundary N 89°21'27" E 744.74 feet to the southwest corner of that tract of land described in Book 25 at Page 128, thence along the westerly line of that tract of land N 00°38'30" W 105.00 feet, thence along the northerly boundary of that tract of land N89°21'27" E 210.00 feet to the east boundary of the NE1 of the NW'/4 whence the aluminum cap at the north center 1/16 corner of said Section 17 bears S 00°38'30" E 105.00 feet, thence from said East boundary, N 00°38'30 W 994.52 feet to the southerly right-of-way fence of Interstate. Highway 70, whence the N1/4 corner of said Section 17 bears N 00° 38'30" W 204.61 feet, thence along said right-of- way fence the following courses: S 57°24'40" W 296.23 feet, S 60°57'56" W 115.54 feet, S 62°42'07" W 111.35 feet, S 64°41'34" W 111.76 feet, S 65°48'59" W 122.60 feet, S 68°07'56" W 127.19 feet, S 69°55'30" W 127.22 feet, S 71°44'16" W 118.13 feet, S 73014'39" W 107.85 feet, S 74°48'13" W 125.56 feet, S 76°51'03" W 109.05 feet, S 78°25'40" W 119.51 feet, S 79°46'49" W 117.23 feet to the northwest corner, thence S 00°38'26" E 490.89 feet to the Point of Beginning, containing 25.929 acres more or less.