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Home My WebLink About4.0 Resolution 89-1515 Recorded Et �� '-"'" Reception N0172 STATE OF COLORADO County of Garfield )ss m NOV 01 1989 GARFIELD CCil:i^aT'1, CO;.°ORA . , B1OK ';'66 p,1c6O 3 At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held at the Commissioners' Meeting Room at the Garfield County Courthouse in Glenwood Springs on the 6th day of November A.D. 19 89, there were present: Marian I. Smith Arnold L. Mackley Elmer (Rickey) Arbaney Don feFord Mildred Alsdorf Chuck feschenes , 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. 89-151 A RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE GARFIELD COUNTY SUBDIVISION REGULATIONS FOR D.C. & MARY JO VANDEVANDER WHEREAS, D.C. & Mary Jo VanDevander 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 April 23, 1984, Section 8:00 through 8:60 and for the division of a 4.351 acre tract as described in Book 427, Page 267, as filed in the Office of the Clerk and Recorder of Garfield County, Colorado into two tracts of approximately 2.351 acres and 2.0 acres each, more or less, which proposed divided tracts are more practically described as follows: TRACT A: See attached legal description for Lot 1. TRACT B: See attached legal description for Lot 2. (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, proof of a legal and adequate source of water on each of said tracts through the use of a shared domestic well, that there 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 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; MK ' 966 NUM) NOW, THEREFORE, BE IT RESOLVED that the division of the above described tracts "A and "B" from the above described 4.351 acre tract is hereby exempted from such definitions and said tract may be divided into :said tracts "A" and "B" and may conveyed in the form of such tracts "A" and "B", all as is more fully described above, however, that this exemption is granted on the condition and with the express understanding and agreement of the Petitioners that no further exemptions be allowed on said tracts "A" and "B" and that a copy of the instrument or instruments of conveyance when recorded shall be filed with this Resolution. Dated this 6th day of November , A.D. 1989 . ATTEST: Clerk of the Board Upon motion duly made and adopted by the following vote: Marian I. Smith Arnold L. Macklev Elmer (Bucket') Arbanev STATE OF COLORADO County of Garfield GARFIELD COUNTY BOARD OF COMMISSIONERS GARFIELD COUNTY, COLORADO Chairman seconded the foregoing Resolution was 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 Proceedings of the Board of County Commissioners for said Garfield County,J 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. B('' 66 P4GF6O7 EXHIBIT A PROPERTY DESCRIPTION LOT 1 A parcel of land situated in the W1/2 of Section 3, Township 7 South, Range 89 ' West of the Sixth Principal Meridian, County of Garfield, State of Colorado; said parcel being more particularly described as follows: i.. Commencing at the West1/16 Corner common to Section 34,, Township 6 South and., Section 3, Township.7 South, Range 89 West of the Sixth P.M.; thence S.09°43'29"W. 650.74 feet to a point on the easterly right -of -Way of Van Dorn Road, the True Point of Beginning ( whence the northwest corner of Section 3 bears N.62°16'53"W. 1389.98'); thence leaving said right-of-way EAST 208.81.. feet; thence N.17°31'24"E. 219.43 feet to an existing fence angle point;. thence N.20°22'57"E. along. an existing fence line 139.62 feet; '_thence continuing along said fence S.87°57'59"E. 46.36 feet; thence N.11.40'48"E..44.48 feet; thence N.04°19'17"E. 48.42 feet; thence WEST 370.38 feet to a point.on said easterly right-of-way; thence the following four (4) courses along said'right-of-way: 1. along the arc of a curve to the.left having a radius of 148.02 feet and a central angle of 19.21'45", a distance of 50.00 feet (chord bears S.17.08'50"E. 49.76 feet) 2. S.26.49'30"E. 46.11 feet 3. along the arc of a curve to the right having a radius of 278.45 feet, a central angle of 58'48'10"; a distance of 285.77 feet (chord bears 5.02°34'35"W. 273.40 feet) 4.)along the arc of a curve to the left having a radius of 470.14• feet, a central angle of 09'24'05", a distance of 77.15 feet (' computed chord bears S.27'15'22"W. 77.06 feet) to the True Point of_eginninO: said parcel of land containing 2.351 acres, more or less. LOT 2 A parcel of land situated in the W1/2 of Section 3, Township 7 South, Range 89 West of the Sixth Principal Meridian, County of Garfield, State of Colorado;. said parcel being more particularly described as follows Commencing at the West 1/16 Corner common to Section 34, Township 6 South and Section 3, Township 7 South, Range 89 West of the Sixth P.M.; thence S.52°14'49"E. 334.73 feet to the True Point of Beginning (whence the northwest corner of Section,3 bears N.82°21'56"W. 1627.38 feet); thence S.04'19'17"W. 48.42 feet; thence 5.11°40'48"W. 44.48 feet to an existing fence angle point; thence continuing along said existing fence N.87°57'59"W. 46.36; thence continuing along said fenceline S.20°22'57"W..139.62 feet; thence S.17°31'24"W. 219.43 feet; thence EAST 227.80 feet to a point on the easterly right-of-way of Cheyln Road; thence continuing along said easterly right-of-way the following four (4) courses: 1. along the arc of a curve to the left having a radius of 573.54 feet, a central angle of 16'08'50", a distance of 161.64 feet ( chord bears N.16°40'45"E. 161.10 feet); 2. N..08.36'20"E. 235.96 feet; 3. S.81°23'40"E. 10.00 feet; 4. along the arc of a curve to the left having a radius of 497.22feet, a central. angle of 05°07'20", a distance of 44.45 feet ( chord bears N. 06°02140"E. 44.44 feet; thence leaving said right -of -wall WEST, 150.23 feet to the: True Point of Beginning; said parcel of land containing 2.000 acres, more or less.