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HomeMy WebLinkAbout4.0 Resolution 94-039BookO898 ? GF7 RECORDED/94-!----1 O'CLOCK .M, REC # 461717 APR 131 MILDREri D ALSDORF, GARFIELD COUNTY CLERK STATE OF COLORADO County of Garfield At a 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 l i t ho f April A.D. 19 94 , there were present: Elmer (Buckey)':,A Arnold L. Mackley rbaney ,=Commissioner Chairman , Commissioner = Commissioner , County Attorney Clerk of the Board d"" Marian I. Smith Don DeFord Mildred Alsdorf Chuck Deschenes , County Administrator when the following proceedings, -among others were had and done, to -wit: RESOLUTION NO, 94-039 A RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE GARFIELD COUNTY SUBDIVISION REGULATIONS FOR IRENE GREEN. WHEREAS, IRENE GREEN 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 for the division of a 42.06 acre tract as described in Book 269 Page 380 as filed in the Offices of the Clerk and Recorder of Garfield County, Colorado, into three (3) parcels of approximately 2.00, 19.03 And 21.03 acres in size, more or less, with the three exemption parcels more practically as follows: Lot 1 (see attached) Lot 2 (see attached) Lot 3 (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 R OkO898 t f G, 777 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; and NOW THEREFORE, BE IT RESOLVED that the division of the above described lots 1, 2 and 3 from the 42.06 acre tract is hereby exempted from such definitions and may be conveyed in the form. of such lots "1", "2" and "3" as is more fully described above and that a copy of the instrument, instruments of conveyance when recorded shall be filed with this Resolution. Dated this 1.1 t day of Apr i 1 , A.D. 19 94 ATTEST: erk of the Board .` r. vote: GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFIELD COUNTY, COLORADO Upon motion duly made and seconded the foregoing Resolution was adopted by the following Elmer Mickey) Arbaney Arnold L. Mackley Marian 1. 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 IRENE GREEN SUBDIVISION EXEMPTION EXHIBIT A (Page 1 of 2) BODX0898 778 PARCEL DESCRIPTION LOT A`. PARCEL` OF LAND BEING. LOCATED IN THE SOUTHWEST QUARTEROF THE NORTHEAST QUARTER OF SECTION 30, TOWNSHIP 7 SOUTH, RANGE 87 WEST OF: THE SIXTH PRINCIPAL. MERIDIAN, SAID PARCEL IS MORE FULLY DESCRIBED AS FOLLOWS: BEGINNING AT THE CENTER QUARTER CORNER OF SAID SECTION 30, A GARFIELD COUNTY SURVEYOR'S BRASS CAP MONUMENT; THENCE NORTH 02° 45 23 EAST ALONG THE NORTH - SOUTH CENTER L INE OF - SAID SECTION 30, BEING' •THE WESTERLY BOUNDARY OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION, 435.60 FEET; THENCE NORTH 89°55'37" EAST, PAR ALLEL TO THE EAST -WEST CENTER LINE . OF SAID SECTION 30, BEING THE SOUTHERLY BOUNDARY, OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION, 200.00 FEET; THENCE SOUTH 02° 451 23 WEST, PARALLEL TO SAID NORTH - SOUTH CENTER LINE OF SAID SECTION 30, 435.60 FEET MORE OR LESS TO A POINT ON THE EAST --WEST CENTER LINE AND THE SOUTHERLY BOUNDARY OF THE SOUTHWEST QUARTER OF TI -4E NORTHEAST QUARTER OF SAI 0 SECTION 30; THENCE SOUTH 89°5S 37 WEST ALONG SAID EAST- WEST CENTER LINE AND SAID SOUTHERLY BOUNDARY OF SAID SECTION 30, 200.00 FEET TO THE DOINT OF BEGINNING . CONTAINING 2.00 ACRES MORE OR LESS. THE &BOVE DESCRIBED PARCEL IS SUBJECT TO EASEMENTS AND RIGHTS -OF-WAY AS DEPICTED AND DESCRIBED ON SHEET I OF THE IRENE GREEN SUBDIVISION EXEMPTION. PARCEL DESCRIPTION LOT 2 A PARCEL OF LAND BEING LOCATED IN THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 30, TOWNSHIP 7 SOUTH, RANGE 87 WEST OF THE SIXTH PRINCIPAL MERIDIAN, SAID PARCEL IS MORE FULLY DESCRIBED AS FOLLOWS; COM MENCING AT THE CENTER QUARTER CORNER OF SAID SECTION 30, A GAR FIELD COUNTY SURVEYORS BRASS CAP MONUMENT; THENCE NORTH 02° 45' 23" EAST ALONG THE NORTH --SOUTH CENTER LINE OF SAID SECTION 30, BEING THE WESTERLY BOUNDARY OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION, 435.60 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID LINE NORTH 02°45' 23" EAST 259.46 FEET; THENCE SOUTH 75°18'55" EAST, 727.29 FEET; THENCE NORTH 16° 51' 1 1" EAST, 1 1 3.52 FE ET; THENCE NORTH 22°35'32" EAST, 207.04 FEET; THENCE SOUTH 89°33'29" EAST, 522.92 FEET TO A POINT ON THE EASTERLY BOUNDARY OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 30; THENCE SOUTH 02° 43143" WEST, 804.86 FEET TO THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 30; THENCE SOUTH 89°55'37" WEST, 1133.99 FEET ALONG THE SOUTHERLY BOUNDARY OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 30, BEING ALSO THE •AST - WEST CENTER LINE OF SAID SECTION TO A POINT 200.00 FEET, NORTH 89° 55' 37" EAST OF THE CENTER QUARTER CORNER, OF SAID SECTION 30, A GARFIELD COUNTY SURVEYOR'S BRASS CAP MONUMENT; THENCE NORTH 02°45'23" EAST, PARALLEL TO THE NORTH -SOUTH CENTER LINE OF 3410 SECTION 30, BEI NG THE WESTERLY BOUNDARY OF THE SOUTHW EST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION, 435.60 FEET TO A POINT; THENCE NORTH 89° 55' 37" EAST, PARALLEL TO SA1 D SOUTHERLY BOUNDARY OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 30 TO THE TRUE POINT OF BEGINNING. CONTAINING 19.03 ACRES MORE OR LESS, THE ABOVE DESCRIBED PARCEL IS SUBJECT TO EASEMENTS AND RIGHTS -0F -WAY AS DEPICTED AND DESCRIBED ON SHEET I OF T HE IRENE GREEN SUBDIVISION EXEMPTION. IRENE GREEN SUBDIVISION EXEMPTION BOOi+U89B �'AGi EXHIBIT A (Page 2 of 2) PARCEL DESCRIPTION LOT 3 A PARCEL OF LAND BEING LOCATED IN THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 30, TOWNSHIP 7 SOUTH, RANGE 87 WEST OF THE SIXTH PRINCIPAL MERIDIAN, SAID PARCEL IS MORE FULLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER QUARTER CORNER OF SAID SECTION 30, A GARFIELD COUNTY SURVEYOR'S BRASS CAP MONUMENT; THENCE NORTH 02° 45' 23" EAST ALONG THE NORTH - SOUTH CENTER LINE OF SAID SECTION 30, BEING THE WESTERLY BOUNDARY OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION, 695.06. FEET TO THE TRUE POINT OF BEGINNING 'THENCE CONTINUING ALONG SAI D LINE NORTH 02° 45' 23" EAST, 604.19 FEET; THENCE NORTH 39° 29' EAST, 116.10 FEET TO A POINT ON THE NORTHERLY BOUNDARY OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 30; THENCE SOUTH 89° 02' 32" EAST, 1262.90 FEET ALONG SAID NORTHERLY BOUNDARY TO THE NORTHEASTERLY CORNER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 30; THENCE SOUTH 02° 43'43" WEST, ALONG THE EASTERLY BOUNDARY OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 30, 5 6 1. 23 FEET; THENCE NORTH 89° 33'29" WEST, 522.92 FEET; T HENCE SOUTH 22° 35' 32" WEST, 207.04 FEET; THENCE SOUTH 16° 51' I I" EAST, 113.52 FEET; THENCE NORTH 750 18' 55" WEST, 727. 29 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 21 03 ACRES MORE OR LESS. THE ABOVE DESCRIBED PARCEL .IS SUBJECT TO EASEMENTS AND RIGHTS-OF-WAY AS DEPICTED AND DESCRI BED ON SHE ET I 0 F THE 1 RENE GREEN SUBDIVISION EXEMPTION. 9