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Home My WebLink About2.0 Resolution 81-257STATE OF COLORADO ss. County of Garfield At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held at the Court House in Glenwood Springs on Monday , the 17.t h day of August A. D. 19 81 , there were present: Larry Velasquez , Commissioner Chairman Flaxen J. Cerise , Commissioner Eugene ".1im' Drinkhouse , Commissioner Earl G. Rhodes County Attorney LaDonna L. Lewis, Deputy , Clerk of the Board when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 81-257 A RESOLUTION CONCERNED WITH AMENDING A PREVIOUS RESOLUTION NO. 79-44 GRA (TING AN EXEMPTION FOR RALPH MICHELS. WHEREAS, the Board of County Commissioners of Garfield County, Colorado, upon app- lication of Ralph Michels, adopted its Resolution No. 79-44, granting certain exemptions to the proposed division of land in Section 2, Township 6 South, Range 89 West of. the 6th P.M.; and WHEREAS, the Board has been advised that its Resolution No. 79-44 is in certain respects in error, NOW, THEREFORE, BE IT RESOLVED that this Board's Resolution No. 79-44 be and hereby is amended to read in its entirety as follows: WHEREAS, Ralph Michels has 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 division of a 1.96 acre tract described as follows: That parcel of land as described in Document No. 218366 on file in the Office of the Clerk and Recorder of Garfield County, Colorado into 4 tracts of approximately .29, .29, .28, and 1.10 acies each, more or less, which proposed divided tracts are more particularly described as follows: Tract A: A parcel of lnad situated in the NT SW4, Section 2, Township 6 South, Range 89 West of the Sixth Principal Meridian, lying southerly of the Interstate 70 southerly right-of-way, is'more particularly described as follows: Beginning at the witness corner to the West Quarter Corner of said Section 2, a brass cap found in place, thence S 59°46'00" E. 977.67 feet to an iron pipe in place; thence N 25°31'00" E. 83.43 feet; thence S 80°16'00" E. 133.10 feet, thence S 78°55'00" E, 33.20 feet to the True point of beginning; thence N 00°55'00" E., 169.30 feet to a point on said southerly right-of-way; thence S 77°27'26" E., 76.57 feet along said right-of-way; thence leaving said right--of-way S 00°55'00" W., 167.32 feet; thence N 78.'55'00" W., 76.19 feet to the True point of beginning. The above described parcel contains 0.29 acres, more or less. Tract B: A parcel of land situated in the NW SWti, Section 2, Township 6 South, Range 89 West of the 6th P.n., lying southerly of the Interstate 70 southerly right-of-way, is more fully described as follows: Beginning at the witness corner to the West Quarter Corner of said Section 2, a brass cap found in place: thence S 59°46'00" E., 977.67 feet to an iron pipe in place; thence N 25°31'00" E., 83.43 feet; thence S 80°16'00" E. 90.27 feet to the True point of beginning; thence N 00°55'00" E., 172.31 feet to a point on said southerly right-of-way; thence S 77°27'26" E., 76.57 feet along said right-of-way, thence leaving said right-of-way, S 00°55'00" W. 169.30 feet; thence N 78°55'00" W., 33.20 feet; thence N 80°16'00" W., 42.83 feet to the True point of beginning. The above described parcel contains 0.29 acres. more or less. Tract C: A parcel of land situated in the N1,hSW1 of Section 2, Township 6 South, Range 89 West of the 6th P.M., Garfield County, Colorado, more particularly des- cribed as follows: • • Beginning at the Witness Corner to the West Quarter Corner of said Section 2, thence S 68°13'22" E. 1205.40 feet to a point on the southerly line of a 20.03 foot access easement, the True point of beginning; thence leaving said 20.00 foot access easement N 00°55'00" E. 154.00 feet; thence S 77°27'26" E. 76.57 feet; thence S 00°55'00" W. 167.00 feet; thence N 89°05'00" W. 26.26 feet to the southwesterly line of a 20.00 foot access easement; thence along the south- westerly line of said 20.00 foot access easement the following courses and dis- tances; thence 44.79 feet along the arc of a curve to the left, having a radius of 45.66 feet, a central angle of 56°12'33", (chord bears N 51°46'31" W. 43.02 feet); thence N 79°52'38" W. 14.71 feet to the True Point of Beginning, containing 0.28 acres, more or less. Tract D: A parcel of land situated in the NW'SWl Section 2, Township 6 South, Range 89 West of the 6th P.M., lying westerly of the easterly boundary of said NW4SW4, southerly of the Interstate 70 southerly right-of-way, and easterly of the U.S. Highway 6 & 24 northeasterly right-of-way, is more particularly described as follows: Beginning at the Witness Corner to the West Quarter Corner of said Section 2, a brass cap found in place; thence S 59°46'00" E. 977.67 feet to an iron pipe in place, the True Point of Beginning; thence N 25°31'00" E. 202.35 feet; thence N 24°18'00" E. 58.54 feet; thence S 77°27'26" E. 16.81 feet; thence S 00°55'00" W. 172.31 feet; thence S 80°16'00" E. 42.83 feet; thence S 78°55'00" E. 109.39 feet; thence N 00°55'00" E. 13.32 feet to a point on the southerly right-of-way line of a 20.00 foot access easement; thence S 79°52'38" E. 14.71 feet along said southerly right-of-way line; thence 44.79 feet along the arc of a curve to the right, having a radius of 45.66 feet, a central angle of 56°12'33", chord bears S 51°46'31" E. 43.02 feet; thence leaving said right-of-way S 89°05'00" E. 26.06 feet to a point on the easterly line of the NW4 SW4 of said Section 2; thence S 00°55'00" W. 99.90 feet along said easterly line; thence leaving said easterly line N 78°55'00" W. 201.11 feet; thence N 80°16'00" W. 152.46 feet; thence west 227.30 feet to a point on said northeasterly right-of-way; thence north 20.00 feet along said right-of-way; thence leaving said right-of-way east 227.30 feet to an iron pipe in place, the True Point of Beginning, containing 1.10 acres, more or less; and WHEREAS, the Petitioner has 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 impact created does not warrant further subdivision review, and WHEREAS, the Petitioner has demonstrated to the satisfaction of the Board of County Commissioners of Garfield County, Colorado, that there is a reasonable probability of loc- ating 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 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; NOW, THEREFORE, BE IT RESOLVED that the division of the above described tracts "A", "B", "C", and "D" from the above described 1.96 acre tract is hereby exempted from such definitions and said tract may be divided into tracts "A", "B", "C", and "D", 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 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 filedwith this Resolution. Attest: Clerk of the Board of County Commissioners Garfield County, Colorado THE BOARD OF COUNTY COMMISSIONERS GARFIELD COUNTY, COLORADO BY: Chairman Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: Larry Velasquez Aye Aye Aye Flaven J. Cerise STATE OF COLORADO County of Garfield Eugene "Jim" Drinkhouse 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 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.