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Home My WebLink About4.0 Resolution AMD 80-139STATE OF COLORADO ss. County of Garfield BOOK 551 PAGE583 Recorded at 3° o'clock M; JUL 9 1980 Recept;cn No, `J )5484 MILDRED ALSDORF, RECOR ER At a rogM14r meeting of the Board of County Commissioners for Garfield County, Colorado, held at the Court House in Glenwood Springs on Mand r , the 20th day of June A. D. 19 8Q.... , there were present: R1 chrd...C,....t1011.Q.X , Commissioner Chairman 4aI"ry... e].AS.qupz Commissioner , Commissioner Arthur A. Abplandl.ps..s?.r:., , County Attorney Nancy.,Wick ... ,age, :,QeputY , Clerk of the Board when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 80-139 RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE GARFIELD COUNTY SUBDIVISION REGULATIONS FOR PAUL AND VIRGINIA LAPPALA. WHEREAS, Paul and Virginia Lappala 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 3.02.01 for the divi- sion of a 42.27 acre tract into two tracts of approximately 30.97 and 11.30 acres each, more or less, which proposed divided tracts are more particularly described as follows: Tract A: A tract of land situated in the WZNW4 of Section 27, Town- ship 7 South, Range 88 West of the 6th Principal Meridian, Garfield County, Colorado, lying easterly of the Easterly right-of-way line of County Road No. 107 and being more particularly described as follows: Beginning at a brass cap found in place and properly marked for the WQ Corner of said Section 27; thence N.00°01'24" E. 367.15 feet along the West- erly boundary line of the NW4 of said Section 27 to a point on the Easter- ly right-of-way line of said County Road No. 107; thence along the Easterly right-of-way line of said County Road No. 107 on the following courses; 63.35 feet along the arc of a 135.88 foot radius curve to the left, the chord of which bears N.46°30'09" E. 62.78 feet; thence N.33008'46" E. 217.96 feet; thence 107.84 feet along the arc of a 510.06 foot radius curve to the left, the chord of which bears N.27°05'22" E. 107.64 feet; thence N.21°01' 56" E. 87.25 feet; thence 66.46 feet along the arc of a 157.93 foot radius curve to the right, the chord of which bears N.33°05'16" E. 65.97 feet; thence N.45°08'35" E. 40.25 feet; thence 138.42 feet along the arc of a 210.85 foot radius curve to the left, the chord of which bears N.26°20' 08" E. 135.95 feet; thence N.07°31'41" E. 127.76 feet; thence 148.98 feet along the arc of a 347.77 foot radius curve to the right, the chord of which bears N.19°48'01" E. 147.84 feet; thence N.32°04'20" E. 73.53 feet; thence leaving the Easterly right-of-way line of said County Road No. 107 on a course bearing East for a distance of 151.45 feet to a point on the Westerly right-of-way line of a 30 foot wide private access road; thence along the Westerly right-of-way line of said private access road on the following courses: S.11°40103" E. 64.13 feet; thence 18.80 feet along the arc of a 237.55 foot radius curve to the right, the chord of which bears 5.09°24'00" E. 18.80 feet; thence S.07°07'57" E. 71.96 feet; thence leaving the Westerly right-of-way line of said private access road on a course bearing N.73°16'34" E. for a distance of 152.41 feet; thence S.67°16'18" E. 557.62 feet to a point on the Easterly line of the WZNW' of said Section 27; thence S.00°26'57" W. 1024.43 feet along the Easterly line of the W1/2NW1/4 of said Section 27 to a brass cap found in place and properly marked for the SW4NW1 of said Section 27; thence N.88°01'21" W. 1305.36 feet along the Southerly line of the SW4NW4 of said Section 27 to the point of beginning, containing 30.97 acres more or less. Tract 8: A tract of land situated in the W1NW of Section 27, Township 7 South, Range 88 West of the 6th Principal Meridian, Garfield County, Colorado, lying easterly of the Easterly right-of-way line of County Road No. 107 and being more particularly described as follows: BOOK -.:551. BAGEL! Beginning .at a_.point on _t the Easterly line of the W2NW4 of said Section , whence 'a brass . cap found in place .and .properly.. marked for the, North west Corner Of said Section 27 bears N.5502523 W. _1600..19 feet, thence 5 .00°26'57" W.,;.765".26 feetalong said Easterly .line ;of the W 2NW n of Sec- tion 27, thence N.67°16'18" IC 55.7.62 feet; thence S.73°16'34" W 152.41 feet 'to a point on` the Westerly -right-of-way line of a 30 foot wide pri - vote :access :road, thence' along the Westerly right-of-way line of said private..access road on the following courses. N.07°07'57 W. 71.96feet; thence18.80feet along the arc of a 237:55 foot radius curve to the left, the chord of which -'bears N.09°24'00" W. 18.80 feet; thence N.11°40' 03"W. 64.13 feet, thence leaving said Westerly right-of-way_ line on a course bearing West for a. distance of a 151.45 feet to a point on the Easterly right-of-way line of said County Road No. 107; thence along the Easterly right-of-way line of said County Road No. 107 on the following courses N.32°04'20" E. 21.95 feet; thence 85.15 feet along the arc of :a 362.16 foot radius curve to the left, the chord of which bears N.25°20' 12"'E 84.95 feet; thence N.18°36'04" E.:29.91 feet; thence 79.72 feet .along the arc of a 286.01' foot radius curve to the ri ght, the chord of which .bears- :N:.26°35'09" E. 79:46 feet; thence N.34°34'14" E. 374.89 feet; thence 97.40 feet along the arc of a 971.49.' foot radius curve to the left, the chord of which bears N..31°41'54" E. 97.36 feet; thence leaving the Easterly right-of-way line of said County Road 'No. 107 on a course argS7°1'5" E. for 507001 feet to the point of beginning, con- taining 396 e o 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 this exemption involves an adjustment of property boundaries only and no new lot is created. WHEREAS, The Petitioners have demonstrated to the satisfaction of the Board of County Commissioners of Garfield County, Colorado, that there is a reasonable probabil- ity of locating domestic water on each of said tracts, 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 intentof 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; NOW, THEREFORE, BE IT RESOLVED that the division of the above described tracts "A" and "B" from the above described 42.27 acre tract is hereby exempted from such definitions and said tract may be divided into tracts "A" and "8", all as is more fully described above, and said divided tract may be conveyed in the form of such smaller tracts without further compliance with the aforesaid subdivision statutes and.... regulations; provided, 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 ATTEST: De'uty.0 of Count Garfield Upon motion erk of the B. j d Commissioners County, Colorado • THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO duly made and seconded the foregoing Resolution was adopted by the following vote: Ri Gha.r..: c ,.:.0.0.1ejy Aye Larry Vel 1SCi(ie2 Aye Aye STATE OF COLORADO. County of :Garfield. Commissioners - , 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 Order is truly copied from the Records of the Proceedings of the Board of County. Commissioners for. said Garfield. County, now in my. office.: _ IN' WITNESS WHEREOF, I have hereuntoset my hand and affixedthe seal of said County, at Glenwood Springs, this day of ,:A. D. 19. County Clerk and ex -officio Clerk of theBoard of County Commissioners.