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Home My WebLink About5.0 Resolution AMD 80-187i',1 -:..or,"' ' _.t ge . o'cld-k Reception No. ! (J f i MiLDRED ALSDORF, RECORDER STATE OF COLORADO AUG 71980 ss. County of Garfield regular Ata meeting of the Board o held at the Court House in Glenwood Springs on Tuesday August A. D. 19 80 there were present: Richard C. Jolley Larry Velasquez Flaven J. Cerise Arthur A. Abplanalp, Jr. Nancy Sprick Page, Deputy County Commissioners for G rfield County, Colorado, the . th day of , CommissionerChairman , Commissioner , Commissioner , County Attorney , Clerk of the Board when the following proceedings, among others were had and done, to -wit: RESOLUTION' NO: 80-187 AMENDING' RESOLUTION NO. 80-139, GRANTING AN EXEMPTION FROM 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 W1/2NW4 of Section 27, Town- ship 7 South, Ran9e 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 W4 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.33°08'46" 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 hears 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°40'03 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.67016'18 E. 557.62 feet to a point on the Easterly line of the W1/2NW4 of said Section 27; thence S.00°26'57" W. 1024.43 feet along the Easterly line of the W2NW4 of said Section 27 to a brass cap found in place and properly marked for the`SW4NW4 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 WzNW 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: Beginning at a point on the Easterly line of the WZNW4 of said Section 27, whence a brass. cap found in place and properly marked for the North- west Corner of said Section 27 bears N.55°25'23" W. 1600.19 feet; thence .BC!( S.0002615711 W 765.26feet along said Easterly line of the W NWn of Sec- tion:27, thence N 67°16'18" W '557.62 feet, thence S.73°16'34" W 152.41 feetto a:.point on the Westerly right-of-way line of a 30 foot wide pri- vate access. road, thence along the Westerly right-of-way lineof said private access road on the following courses: N.07007157" W 71.96feet; thence 18.80 feet along the arc of a 237:55 foot radius curve to the e left, the W. hchordrdeo; of which bears N.0924'00". W. 18.80 feet; thence N.110401 :. 0 leaving said Westerly right-of-way line on a course bearing West for a distance of a 151:45feet 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.32004'20'.` 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.18036'04" E. 29.91 feet; thence 79.72 feet along the arc of a 286.01 foot radius curve to theright, 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 bearing S:.73019'5611 E. for 507.01 feet to the point of beginning, con- taining 11.30 acres, more or less., 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 intent ofthe.. 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 "B", all as is more fully described, above, and said divided tract maybe 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 tract "B'', and that a copy of the instrument or instruments of conveyance when recorded shall be filed with this Resolution. THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO ATTEST: //tW() Lid De _Ay C1,'rk f the Boal of Count V Commissioners Garfield County, Colorado By: Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: Richard C. Jolley Aye Larry Velasquez: Aye Flaven J. Cerise Aye Commissioners STATE OF COLORADO, ss County of Garfield , 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 hereunto set my hand and affixed the seal of said County, at Glenwood Spnngs this ' , day of , A. D. 19 County Clerk and ex -officio Clerk of the Board of County Commissioners.