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HomeMy WebLinkAbout2.0 Resolution 80-267"ricord t Reception No. 309581 STATE OF COLORADO 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 10th day of November A. D. 19 80 , there were present: ss. M. NV 20 1980 LDRED ALSDORF, EECQRL1ER BOX 560 PAGE 431 Richard C. Jolley Larry Velasquez Arthur A. Abplanalp, Jr. Nancy Sprick Page, Deputy when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 80-267 , Commissioner Chairman , Commissioner , Commissioner , County Attorney Clerk of the Board RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE GARFIELD COUNTY SUBDIVISION REGULATIONS FOR M/K RANCH ASSOCIATES WHEREAS, M/K Ranch Associates 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 14.0 acre tract described as follows: that parcel of land as described in Document No.289132 as filed in the Office of the Clerk and Recorder of Garfield County, Colorado, into 3 tracts of approximately 4.34, 4.56 and 5.09 acres each, more or less, which proposed divided tracts are more particularly described as follows: TRACT A: A tract of land situated in the NW%aNW% of Section 17, Township 7 South, Range 87 West of the 6th Principal Meridian, lying Southerly of the Northerly line of said Sec- tion 17 and Northerly of the Northerly right-of-way line of a 60 foot road easement as constructed and in place, said tract of land being more particularly described as follows: Beginning at a point on the Northerly line of said Section 17 whence the stone found in place and properly marked for the Northwest Corner of said Section 17 bears N 88°27'42" W 754.63 feet; thence S 88°27'42" E 320.00 feet along the Northerly line of said Section 17; thence S 00°49'39" W 636.42 feet to a point on the Northerly right-of-way line of said road; thence along the Northerly right-of-way line of said road on the following courses: N 69°47'45" W 135.49 feet; thence 117.25 feet along the arc of a 451.81 foot radius curve to the left the chord of which bears N 77°13'48" W 116.92 feet; thence N 84°39'51" W 78.01 feet; thence leaving the Northerly right-of-way line of said road on a course bearing N 00°49'39" E for 565.19 feet to the point of beginning, containing 4.34 acres more or less. TRACT B: A tract of land situated in the N1/2NW1/4 of Section 17, Township 7 South, Range 87 West of the 6th Principal Meridian, lying Southerly of the Northerly line of said Section 17 and Northerly of the Northerly right-of-way line of a 60 foot road easement as constructed and in place, said tract of land being more particularly described as follows: Beginning at a point on the Northerly line of said Section 17 whence the stone found in place and properly marked for the North- west Corner of said Section 17 bears N 88°27'42" W 1371.30 feet; thence S 00°49'39" W 677.27 feet to a point on the Northerly right-of-way line of said road; thence along the Northerly right- of-way line of said road on the following courses: S 88°31'31" W 78.47 feet; thence 146.74 feet along the arc of a 387.81 foot radius curve to the right, the chord of which bears N 80°38'06" W 145.86 feet; thence N 69°47'45" W 78.44 feet; thence leaving the Northerly right-of-way line of said road on a course bearing N 00°49'39" E for 636.42 feet to a point on the Northerly line of said Section 17; thence S 88°27'42" E 296.67 feet along the Northerly line of said Section 17 to the point of beginning, containing 4.56 acres more or less. Booz 560 Pa3E43.2 TRACT C: A tract of land situated in the NEr NWS of Section 17, Township 7 South, Range 87 West of the 6th Principal Meridian, lying Southerly of the Northerly line of said Section 17 and Northerly of the Northerly right-of-way line of a 60 foot road easement as constructed and in place, said tract of land being more particularly described as follows: Beginning at a point on the Northerly line of said Section 17 whence the stone found in place and properly marked for the Northwest Corner of said Section 17 bears N 88°27'42" W 1371.30 feet; thence S 88°27'42" E 306.83 feet along the Northerly line of said Section 17; thence S 00°49'39" W 771.83 feet to a point on the Northerly right-of-way line of said road; thence along the Northerly right-of-way line of said road on the following courses: N 73°51'43" W 98.49 feet; thence'121.26 feet along the arc of a 456.23 foot radius curve to the right, the chord of which bears N 66°14'52" W 120.91 feet; thence 105.01 feet along the arc of a 183.20 foot radius curve to the left, the chord of which bears N 75°03'15" W 103.58 feet; thence leaving the Northerly right-of-way line of said road on a course bearing N 00°49'39" E for 677.27 feet to the point of beginning, containing 5.09 acres more or less. 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 is not large enough to proceed through the full 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 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 per- mitted 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" , and "C" from the above described 14.0 acre tract is hereby exempted from such definitions and said tract may be divided into tracts "A", "B", and "C" 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 subdivison 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", n n n tt A B and C and that a copy of the instrument or instruments of conveyance when recorded shall be filed with this Resolution. ATTEST: THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO De uty�cir of the and of County By: (TLIA.ct�C Cossioners Garfie& County, Colorado Chairman 1 Upon motion duly made and seconded the foregoing Resolution was adopted by the fdilo ng vote: A e LaKry...V.e1as.gi .e. Aye 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 County Clerk and ex -officio Clerk of the Board of County Commissioners.