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Home My WebLink About4.0 Resolution 83-31Recorder! at . 0 o'c1o:k M. FEB 71983 Reception N'. 338217 MILDRED ALSDORF, RECORDER STATE OF COLORADO County of Garfield BOOK re u Ata ...r...'...;........lar � meeting of the Board of County Commissioners for Gazfeld County, Colorado, held at the Court House in Glenwood Springs ori Monday nth day of .February A,;D, 19 `8 3 , ,there were present:' Eugene "Jim" Drinkhouse ,, ;Commissioner Chairman, Larry Velasquez (absent) , commissioner_ Flaven J.", Cerise , Commissioner Earl' Rhodes - County Attorney . Mildred 'Als dorf Clerk of the Board when the following •proceedings, "among others were had and done, to -wit: RESOLUTION NO. 83-3 RESOLUTION CONCERNED WITH GRANTING iAN.AMENDMENT TO THE GARFIELD COUNTY SUBDIVISION` REGULATIONS FOR DONALD AND LOUISE MAGRUDER. WHEREAS, Donald and Louise Magruder 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 divisionof a 40. acre tract described as follows: that parcel of land as described' in Document No. 264897 •(or Book 465, Page 41) as filed in the office of the Clerk and Recorder of Garfield County, Colorado'- into 4 tracts of approximately 10 acres each, more or less, which proposed divided tracts are more particularly described as follows: TRACT A: A parcel of land being a portion of Lots 3 and 6 of the Peach Valley Orchard Subdivision as platted and filed in the Garfield County, Colorado records situated in the SW%SES of Section 25, Township 5 South, Range 92 West of the 6th Principal Meridian, Garfield County, Colorado, said parcel of land is more fully described as follows; Beginning at a..point on the North-South Centerline of said Section 25, whence the South Quarter Corner of said Section 25 bears: S.01°23'19"E. 415,47 feet, thence:;N.01°23'19"W. along said Centerline 901.27 feet to the Northwest Corner of said SW14SEk, thence N.89°26'46"E. 437.00. feet along the North line of said SW1/4SE14;°thence S.01°11'54"E. 900:`63 feet;;' thence S.89°22'02"W. 434.00 feet to the point of beginning containing 9.01 acres,more or less. SUBJECT to a 20`foot,road right-of-way for County Road No. 250 and as shown on the Peach Valley, Orchard Plat, being 20 feet parallel and along the .Northerly : line of;the above described parcel of land, said 'right -of way contains 0.20 acres, 'more 'or less..` '.SUBJECT tb a 1'O foot ' irrigation ditch easement' being 5 feet 'on each side, of the existing centerline of main irrigation ditches as now constructed and in place. ALSO, subject to a 10 foot drainage, irrigation ditch, access and utility easementalong and parallel to the b y oundar lines of the_ above described parcel of land except along the West boundary line which is subject to a 20 foot access and utility easement as per the Peach Valley Orchard Subdivision Map. TRACT B: A parcel of land being a portion of Lots 3, 4, 5 and 6 of the Peach Valley Subdivision .asplatted and filed in the Garfield County, Colorado records situatedin the SW1/4SE14 of Section 25, Township 5 South, Range 92 West of the Sixth Principal Meridian, ,Garfield `County , Colorado, said parcel of land is more fully described as follows: Beginning at a point, whence the South Quarter Corner of said. Section 25; bears: S.63°39'04"W. 957.43 feet; thence S.89°22'02'". 434.08 feet; thence N.01°11'54"W..900.63 feet to a point on the 'North line of said SW1/4SE1/4;,thence. N.89°26'46"E. 437.20 feet along said North line; thence'S.01°00'00"E', 900.00 flet to the point of beginning, containing 9.00 acres, more or less SUBJECT to a 20 foot road right-of-way for County Road No. 250 and as shown on the Peach Valley Orchard Plat, being 20 feetparallel and along the Northerl line of the above described parcel of land, said right-of-way contains 0.2 acres, more or less.` f300K SAGE TRACT B: (Cont) SUBJECT to a 10 foot irrigation ditch easement being 5 feet on each side of the existing centerline of main irrigation ditches as now constructed and in place. ALSO sull ec.t to a 10 foot drainage, irrigation ditch, access and utility easement along and parallel to the boundary lines of the above described parcel of land. TRACT 'C: A parcel of land being a portion of Lots 4 and 5 of the Peach Valley • Orchard Subdivision as platted and filed in the Garfield. County, Colorado records, situated in the SW4SE14 of Section 25, Township 5 South, Range 92 West of the 6th Principal Meridian, Garfield County, Colorado, said parcel of land is more fully described as follows: Beginning at a point, whence the South Quarter Corner of said Section.25 bears: S`.63°39'04"W. 957.43 feet; thence'N.01°00'00"W. 900.00 feet to a point on the Northerly line of said SW4SE4 thence N.89°26' -6''E. along said Northerly line, 490.00 feet to the Northeast Corner of said SW4SE4; tL:nce S.00°53'42"E. 935.08 feet along the Easterly line of said SW1SE4;`thence N.76°27'07"W. 229.98 feet; thence 5.84°56'12"W. 266.33 feet to the point of beginning, containing 10.08 acres, more or less. SUBJECT to a 20 foot road right-of-way for County Road No. 250 and as shown on the Peach Valley Orchard Plat, being 20 feet parallel and along the Northerly line of the above described parcel of land, and that portion of County Road No. 250 along the Easterly side of the above described parcel of land lying- Easterly of the Westerly right-of-way fence line of said road as now constructed and in place, said right- of -way contains 0.76 acres, more or less. SUBJECT to a 10 foot irrigationditch easement being 5 feet on each side of the existing centerline of main irrigation ditches as now constructed and in place... ALSO subject to a 10 foot drainage, irrigation ditch, access and utility easement along and parallel tothe boundary lines of the.'above described parcel of ,land.. ALSO together with a"•septic system` easement consisting of a pipe line and leach field commencing at a point S.84°56'12"W. 7.0 feet from the South angle point of the above described parcel of land; thence SOUTH 75 feet, with the easement being 5, feet: on each side of said course, to a corral fence corner; thence S .11°00'W. along said fence, 30 feet with the easement being 5 feet on each side of said course; thence S.11°00"W. along'said fence, 40 feet with the easement being 5 feet Easterly and 40 -feet Westerly of sa±d course. TRACT D: A parcel of land being a portion of Lots 5 and 6 of the Peach Valley Orchard Subdivision as platted and filed in the Garfield County, Colorado records, situated in the SW4SE4 of Section 25, Township 5 South, Range 92 West of the Sixth Principal Meridian, Garfield County, Colorado, said parcel of land is more fully described as follows: .Beginning at the South Quarter Corner of said Section 25; thence N.01° 23'19"W. 415.47 feet along the North-South Centerline of said Section 25; thence N.89°22'02"E. 868.08 feet; .thence N.84°56'12"E. 266.33 feet; thence S.76°27'07"E. 229.98 feet to a point on the Easterly line of said SW4SE4; thence S.00°53'42"E. along said Easterly line 379.67 feet to the Southeast Corner of said SW4SE14 thence S.89°22' 02"W. along the Southerly line of said Section 25, 1352.85 feet to the point of beginning, containing: 12.94 acres, more or less. SUBJECT to County Road No. 250 along the Easterly side of the above ., described parcel of land, lying Easterly of the Westerly right-of-way fence line of said road as now constructed and in place, said right- of-way contains 0.35 acres,_ more or less. SUBJECT to a 10 foot irrigation ditch easement being 5 feet on each side of the existing centerline of main irrigation ditches as now constructed and in place. ALSO subject to a 10 foot drainage, irrigation ditch, access and utility easement, along and parallel to the boundary lines of the above described parcel of land except along the West boundary line_, which is subject to a.20 foot access and uility easement as per the Peach.Valley Orchard Subdivision map. BOOK 6920 PAGE ALSO subject to a septic system easement consisting of a pipeline and leach field commencing at a point S.84°56'12"W. 7.0 feet from,, the East North East angle point of the above' described parcel of land; thence SOUTH 75 feet, with,the easement being 5 feet on each side of said course, to a corral fence corner; thence S.11°O0'W. along said fence, 30 feet with the easement being.5 feet on each side of said course; thence 5.11°00"W. along said fence, 40 feet with the easement being 5 feet Easterly and 40 feet Westerly of said course. (in the State of Colorado and 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 of the Colorado Revised Statutes 1973, as .amended, for the reason ;that this property splitis solely for the purposes of adjusting property boundaries and for the purposes of replatting of Lots 3, 4, 5 and 6 in the Peach Valley Orchard Subdivision,no new lots are :created by this action, 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 tracts, that there is adequate ingress and egress to said tracts, that thelocationof septic tanks will be permitted by the Colorado Department of Health, and should, therefore,' beexempted 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 divisionofof the above described tracts "A", "B", "C" and "D" from the above described. 40 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 Petitioners 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 filed with this Resolution. 'ATTEST: BOARD OF COUNTY COMMISSIONERS GARFIELD COUNTY, COLORADO Cl rk of the Board rman Upon motion i duly. made 'and seconded' the foregoing Resolution was adopted by the following vote Eu8ene "Jim" Drinkhous0 Aye Larry Velasquez (absent) Flaven J. Cerise aye Commissioners STATE OF COLORADO } County of Garfield 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 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 s County Clerk and ex -officio Clerk of the Board of County Commissioners:;: