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Home My WebLink About2.0 Resolution 80-91STATE OF COLORADO County of Garfield held at the I ss, At a ....................:.9.9..Y.1*L....... meetino of the .Is.ep..9.*v.....Court flouse in Glenwood Sprinqs on.. -{ey--........................ A " -, n ..... 9..QRichard ... , thereC. Jo were Dresent:1Ie'y Board of County Commissioners for Garfield Countv27th , Colorado, .L ......day of (a)-(d), do, adopted a .I9.56 """""""'rIev;iri ""ea;i.SE , Commissioner Chairman "'tiifiy"'VeI "'AfUfirii"'A:' Nancy Spr when the following proceedings, among others were had and done, to-wit: RESOLUTI0N N0. 80-91 . ',; RESOLUTION CONCIRNED I,IITH GRANTING AN EXEMPTION FROM THE GARFIELD COUNTY SUBDIVISION REGULATIONS FOR SARGENT HOOPES IIHEREAS, Sarqent Hoopes has pet'itioned the Board of Count.y Commissionersof Garfie'ld County, Colorado, for an exemption from the definition of the terrns asque"Abpi iak"'p "subdivis'ion" and "subd'ivjded land" under C.R.S. .I973,30-28-l0l (.l0) as arnended, and the Subdivis'ion Requlations of Garfield County, Colora January 2, 1979, Sec1.ions 2.A?..21 (d) and 3.02.0.I for the division of acre tract described as follovrs: that parcel of land as Cescribed'in Document No. ?.5i215 as fileo in the Offjce of the Clerk and Recorder of Garfjeld Ccunty, Colorado into 4 tracts of approximately 4.8.], 4.48, 3.67 and 6.60 acres each, more or 1ess, which proposed d'ivided tracts are more particularly described as fol I ows : Tract A: Commencing at the SW corner of said Section 5 thence N.02045'30" E. a distance of .l330.98 feetto a point on the n,crtherly right-of-way line of the Denver and P.io Granrje l.lestern Railroad; thence N.850 52':.]0 745.A conti line Eas t N. 02 299.1 of Co l.l. al thenc the t conta Tract B: Commencing at the SL,l Corner of said Section 5; thence N. 02045'30" E. a disrance of 1330.98 feet to a point on the norrherly right-of-way I ine of the Denver & Rio Grande tJestern Railroad; thence ll.86052'30" E. a'long said right-of-way line a d'istance of 175.05feet to the true point of beginning; thence continuing N.86052'30" t, a'long said right-of-viay i ine a ciis- tance of 570.00 feet to the Sl.J corner of parcel l{umber One; thence N. 03007'30" 1,,1. alongi the r,rest l'ine of Parcel Number One a ciistance of 350.46 feet to the Nl^l Corner of said Parcel trlc" I, said point bdl'ng on the souther'ly right-of-rvay of Colorado Highway Inter- state 70; thence il. BB'33'00" 1.'I. alonc said right-of-r^ray a distance of 44.40 feet; thence S. B4ol2'00" 1^'l. a'iong sai d ri ght-of-rvay a distance of 526.32 feet; thence S.03u07'30" t. a distance of 329"43 feet to thetrue po'int of beginnino. Said parcel l,lumber Two containing 4.48 acres, more or less. Tract C: Corrnerrcing at the Sl,J corner of said Section 5; thence N. 02045'30" E. a distance of t3311.98 teet ro Ene rr.uepoint of beg'inning: Srlid point being on the northerly right-of-way f irre of the Denver & R'io Grande lJestern Rail road; thence N. 85c52'30" E. alorrg sa'id right-of-way a distance 0i .l75.05 feet to the St^,| corner of Parcel " E. along said right-of-way iine a ci'istance oi 5 feet to t[e true point of beginning; thence nuing N. 86052'30" E. along said rigfii-of-way a distancc of 638.00 feet tc a point on the line of the Nl,J't Sl,ik of sajd Section 5; thenceo37'.l5" E. alonq said east line a disiance cf 5 feet to a pcint on the southerly right-of-way I orado Hi ghi,ray Interstate 70; therrce i,i. 8Eu33'00" onq said right-of-way a distance of 662.06 feet; e 5.03007'30" E. a distance of 350.46 feet to rue po'int of beginning. Said Parcel Number Oneining 4.81 acres rnore or less. V No. 2; thence N. 03007'30" l^l. along the l,lest iine of Parcel No. 2 a distance of 329"43 feet to the NW Corner of Parcel No. 2, said pojnt beinq on the Southerly right-of-way of Coloracio Highwav interstate 70; thence S. 84012'00" tJ. along said rjght-of-way a distance of l4l.93 feet; thence S. 79048'00" t,. along said light-of-way a distance of 38.l.42 feet; thence S. 14'20'30" E. a distance of 337.72 feet to a point on the norther'ly right-of-way of the Denver and R'io Grande Western Railroad; thence N. 75039'30" E. along said right-of-way a distance of 285.00 feet to the true point of beginning. Said parcei No. 3 containing 3.67 acres more or less. T.t"act-D: Commencing at the SE corner of said Section 6; thence N. 02045'30" E. a distance of .1330.98 feet to a point on the Northerly right-of-way gf the Denver & Rio Grande l,lestern Rai lroad; thence S. 75(J39'30" l^,l. along said right-ofvray a distance of 285.00 feet to the true poi nt of beginning, said point be'ing the SW corner of parcel No. 3; thence continu"ing S. 75o 39'30" }.l'. along said right-of-vray a distance of 626.60 feet; thence S. 83039'00" I,l. along said right-of-way a d'istance of 389.40 feet; thence N. 06021 '00" l^1. along said right-of-way a distanceof 50.00 feet; thenc6 S. gOotO'00" b,. ilong sa'id ri ght-of-r^ray a distance of .l0..l0 feet; thence I',1. 02"08'.l4" E. a distance of .l40.0.I feet to a point on the Southerly right-of-way of Colorado HighwayInterstate 70; thence N.68u34'30" E. aiong said right-of-way a distance of 863.80 feet; thence N. 79048'00" E. aiong said right-of-way a distanceof I I 8.58 feqt to the I\1,1 Corner of Parcel No. 3, thence S. .l4020'30" E. along the west line of Parcel No. 3 a distance of 337.72 feet to the true point of begi nni ng. Sai d parcel contai ni ng 6 .50 acres , more or less. Tract "4", "8", "C", and "D" are locateC in the State of Colorado and County of Garfield. WHEREAS, the Petitioner has demonstrated to the satisfaction of the Boardof County Commissioners of Garfieid County, Colorado that the proposed division does not fall within the purposes of Part l, Article 28, Title 30, Colorado Revised Statutes 1973, as amended, for the reason that the impact created is not Jarge enough to proceed through the full subdivision review; and WHEREAS, the Petitioner has demonstrated to the satisfaction of the Boardof County Comm'iss'ioners of Ga: field County, Coiorado, that there is a reasonable' probability of locatjng domestic water on each of said tracts, that there is'adequate ingress and egress to sa'id tracts, that the location of septic tankswill be permitted by the Colorado Departnent of Health, that the requested division is not part of an existing or larger cievelopment and does not fall w,ithin the generai purposes and intent of the subdivision regulations of the State of ColoraCo and the County of Garfield, and should, therefore, be exempted from the definition of the terms "subdjvision" and "subdivided Iand" as set forth 'in C.R.S. .I973, 30-28-l0l (.I0) (a)-(d), as amended; - N0t,l, THEREF0RE, BE IT RESOLVED that the divis'ion of the above describedtracts "A", "8", "C", and "D" from the above described .l9.56 acre tract is -hereby exemp'Led from such definitions and said tract rnay be divided into tracts "A"r "8", "C"', and l'D", all as is more fully described above, and said dividedtract may be conveyed in the fornr of such smaller tracts without further.compliance with the aforesajd subdjvision statutes and regulations; provided, hourever, that this exemption is granted on'the condition and r.rith the express understanding and agreement of the Petitioner that no further exemptions be allowed on said tracts "A", "B", "C", and "D" and that a copy of the instrument or instruments of conveyance when recorded shall be filed with this Resol ution. THE BOARD OF COUNTY COMI'IISSIONERS OF GARFIELD COUNTY, COLORADO By Cha rman ATTEST: / uty e o +L oardof Coun Commi ss i oners Garf iel d County , Col oracio La Vela ez Aye Commissione-rs STATE OF COLORADO ss County of Garfield I, ....,..........,.. ....., County Clerk and ex-officio Clerk of the Board of County Com:nissicners in and lor the Counry anci State atoresarci tio hereby ceriliy iirai i,iic auuc..rd arlri iui cavirig CrJti i;.:.'i ly copleJ 1;;::: t5e L:ccrr: c! the Proceedings of the Board of County Commissioners for said Garfield County, now in my office, IN WITNESS WHEREOF, I have hereunto set ey hand and affixed the seal of said County, at Glenwood Springs, this....................day of........ ...., A. D. f9.............. County Clerk and ex-officio Clerk of the Board of County Commissioners.