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Home My WebLink About3.0 Resolution 84-206STATE OF COLORADO County of Garfield Recorded at'� 7- ' L t �� x�t. OCT 0 11984 g� ) ss f ecaption No r: e i MILDRED ALSDORF, RECORDER GARFIELD COUNTY, COLORADO 6004 AN At a Regular meeting of the Board , of County �" Commissioners for Garfield County, Colorado, held at the Commissioners' Meeting Room in Glenwood Springs on Monday , the 24th day of. September A.D. 1984 , there were present: Larry Velasquez Flaven J. Cerise Eugene "Jim" Drinkhouse Earl Rhodes Mildred Alsdorf when the following proceedings, , Commissioner Chairman Commissioner Commissioner County Attorney Clerk of the Board among others were had and done, to -wit: RESOLUTION NO. 84-206 A RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE GARFIELD COUNTY SUBDIVISION REGULATIONS FOR DONALD M. MARSHALL . WHEREAS, Donald M. Marshall has petitioned the Board of County Commissioners of Garfield County, Colorado, for an exemption from the definition of the terms "subdivision" and "suodivided"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, Section 2.02.21(d) for the division of a 10.10 acre tract described as follows: that parcel of land as described in Book 579, Pages 47-48, as filed in the Qftice of the Clerk and Recorder of Garfield County, Colorado, into 2 tracts of approximately 8.10 acres and 2.0 acres each, more or less, wnich proposed tracts are more particularly described as follows- -TRACT A: See attached Exhibit "A" TRACT B.: See attached Exhibit "B" WHEREAS, the Petitioner has demonstrated to the satisfaction of the Board of County Commissioners -of Garfield County, Colorado, that the proposed division does not fail 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 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 of the subdivision regulations of the State of Colorado and the County of Garfield, and snould, 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; Booz 65? Feet NOW, THEREFORE, BE IT RESOLVED that the division of the above described tracts "A" and "B" from the above described 10.10 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 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" and "B", and that a copy of the instrument or instruments of conveyance when recorded shall be filed with this Resolution. Dated this 24th day of September , A.D. 1984 GARFIELD COUNTY BOARD OF COMMISSIONERS GARFIELD COUNTY, COLORADO ATTEST. Clerkof the Boa_.1 Chairman r Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote; Larry Velasquez Flaven J. Cerise Eugene "Jim" Drinkhouse STATE OF COLORADO ) County of Garfield Aye Aye Aye I, -, County Clerk and ex -r' ,.cio Clerk of the Board of County Commissioners in and for the County ;tate aforesaid do hereby certify that the annexed and foregoing _ is truly copied from the t cords of the Proceedings of the Board of ( ty Commissioners for said Garfield County, now in my office. IN WITNESS WHEREOF,_I have hereunto set my nand and affixed the seal of said County, at Glenwood Springs, this day of , A.D. 19 of the Board'of County Commissioners County Clerk and ex -officio Clerk PARCEL 'A' EXHIBIT "A" BaoK 657 NCE60,9 A parcel of land situated in the SE1/4SE1/4 of Section 12, the NE1/4NE1/4 of Section 13, Township 5 South, Range 91 West, and the SW1/41N1/4 of Section' 7, Township 5 South, Range 90 West of the Sixth Principal Meridian, County of Garfield, State of Colorado; said parcel being more particularly described as follows: Commencing at the Southeast Corner of said Section 12; thence S.89°16'16"W. 60.72 feet to a point on the westerly _right-of-way of East i.'1. C ek' tpbtrd y Road, the True P`oinf df" BeliiinIii; .tom. 4.34'54127V.. 65.16 feet along said westerly right-of-way line; thence leaving. said right-of-way N.67°55'30"W. 120.32 feet; thence N.65°19'59"W. 84.16 feet to a point on the centerline of East Elk Creek; thence the following five (5) courses along said centerline: 1. N.34°14'19"E. 81.50 feet; 2. N.23°55'38"E. 52.50 feet; 3. N.43°24'27"E. 41.52 feet; 4. N.33°59'23"E. 57.62 feet; 5. N.50°14'52"E. 40.37 feet; thence leaving said centerline N.39°45'08"W. 26.23 feet; thence N.24°23'39"E. 105.34 feet; thence N.89°16'16"E. 103.44 feet; thence S.76°35'30"E. 134.50 feet to the westerly right-of-way line of said county road; thence S.30°22'00"W. along said right-of-way line 385.04 feet to the True Point of Beginnin 3 said parcel containing 2.00 acres, more or less. The above described parcel is subject to a 20.00 foot wide access, utility and waterline easement.as shown on the Marshall Exemption Plat prepared by KKBNA, INC., August 20,1984. Also subject to a 10.00 foot wide waterline easement as shown on the Marshall Exemption Plat prepared by KKBNA, INC., August 20, 1984; Also subject to a 10.00 foot well easement as shown on the Marshall Exemption Plat prepared by KKBNA, INC., August 20, 1984. PARCEL 'B' A parcel of land situated in the SE1/4SE1/4 of Section 12, Township 5 South, Range 91 West of the Sixth Principal Meridian, County of Garfield, State of Colorado; said parcel being more partl ularly described as follows: Commencing at the Southeast Corner of said Section 12; thence N.84°46'45"W. 287.17 feet to a point in the centerline of East Elk Creek the True Point of Bei inning; thence leaving said centerline 1 % . 10-.10 deet; theme 'N76e29*W.`.$ ... t; thence S.43°36'01"W. 200.00 feet; thence 5.61'11'59"E. 70.95 feet to a point on the south line of said Section 12; thence alo:ig said south line 5.89'16'16"W. 606.91 feet to the westerly line of said SE1/45E1/4 of Section 12; thence leaving said south line N.00°35'43"E. along said westerly line 362.66 feet; thence leaving said westerly line N.89°16'16"E. 1194.50 feet; thence S.24°23'39"W. 105.34 feet; thence S.39°45'08"E. 26.23 feet to a point on the centerline of said East Elk Creek; thence the following five (5) courses along said centerline: 1. S.50'14'52"W. 40.37 feet; 2. S.33°59'23"W. 57.62 feet; 3. 5.43°24'27"W. 41.52 feet; 4. S.23'55'38"W. 52.50 feet; 5. S.34°14'19"W. 81.50 feet to the TruelPoint of Beginning; said parcel containing 8.10 acres, more or less. The above described parcel 19 together with a 20.00 foot wide access, utility and waterline easement as shown on the Marshall Exemption Plat prepared by KKBNA, INC., August 20, 1984. Also together with a 10.00 foot wide waterline easement as shown on the Marshell Exemption Plat prepared by KKBNA, INC., August 20, 1984; Also together with a 10.00 foot well easement as shown on the Marshall Exemption Plat prepared by KKBNA, INC., August 20, 1984.