HomeMy WebLinkAbout2.0 Resolution 81-81BOOK 568 04GE534
STATE OF COLORADO
ss. _ MAR 31 1981- __County of Garfield 3COC^�^ �� `7t _ C� c �orlC.
Reception No. 313382 iiLDRED ALSDORF, RECORDER
At a ga= meeting of the Board of County Commissioners for Garfield County, Colorado,
held at the Court House in Glenwood Springs on Mondayr the 30th day of
•March A. D. 19. $1 , there were present:
JAXTY Velasquez , Commissioner Chairman
'layen J. Cerise , Commissioner
Eugene "Jim" Drinkhouse , commissioner
Arthur A. Abplanalp, Jr.
County Attorney
Cheryl J. KOSS, Deputy , Clerk of the Board
when the following proceedings, among others were had and done, to -wit:
RESOLUTION NO. 81-81
WHEREAS, Albert Herring 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 CRrfield County, Colorado,
adopted January 2, 1979, Sections 2.02.21 (d) and 3.02.01 for the division of
a 30 acre tract described as follows:
In Document No. 224590 filed in the Office of Clerk and Recorder
of Garfield County, Colorado, into 3 tracts of approximately 2,
2, and: 26 acres each, more or less, which proposed divided tracts
are more particularly described as follows:
Tract A: A tract of land situated in Lot 5 of Section 17, Township
7 South, Range 88 West of the 6th Principal Meridian, C,arfield County,
Colorado, lying southerly of and adjacent to the Southerly right-of-
way line of County Road No. 113 and being more particularly described
as follows:
Beginning at a point whence a brass cap found in place and properly
marked for the Northwest Corner of said Section 17 bears N. 35°27'29"
W 1287.84 feet; thence N 55°34'21" W. 247.00 feet; thence N. 34°25'39"
E 349.50 feet to a point on the Southerly right-of-way line of said
County Road No. 113; thence along the Southerly right-of-way line of
said County Road No. 113 on the following courses: S 69°12'39" E 21.36
feet; thence 124.35 feet along the arc of a 279.80 foot radius curve to
the right, the chord of which bears S. 56°28'40" E. 123.34 feet; thence
S 43°44'43" E 77.15 feet; thence 28.07 feet along the arc of a 1449.32
foot radius curve to the right, the chord of which bears S 43°11'26" F
28.06 feet; thence leaving said Southerly right-of-way line on a course
bearing S. 34°25'39" 11 for a distance of 334.65 feet to the point of
beginning, containing 2.00 acres more or less and. together with a water
line easement described herewith.
Tract B: A tract of land situated. in Lot 5 of Section 17, Township 7
South, Range 88 Gest of the 6th Principal Meridian, Garfield County,
Colorado, lying southerly of and adjacent to the Southerly right-of-way
line of County Road No. 113 and being more particularly described as
follows:
Beginning at a point whence a brass cap found in place and properly marked
for the Northwest Corner of said Section 17 bears N 35°27'29" W 1287.84
feet; thence N 34°25'39" E 334.65 feet to a point on the Southerly right-
of-way
ightof-way line of said County Road. No. 113; thence along the Southerly
right-of-way line of said County Road No. 113 on the following courses:
167.58 feet along the arc of a 1449.32 foot radius curve to the right,
the chord of which bears S 39°19'24" E 167.49 feet; thence 116.04 feet
along the arc of 1108.81 foot radius curve to the left, the chord of which
bears S. 39°00'32" E 115.99 feet; thence leaving the Southerly right-of-way
line of said County Road No. 113 on a course bearing S 22°56'00" W for a
distance of 259.94 feet; thence N 55°34'21" W 323.77 feet to the point
of beginning, containing 2.00 acres more or less and together -With a
water line easement described herewith.
Tract C: A tract of land situated in Lot 5 of Section 17 and in Lot 1 of
Section 18, all in 'Ibwnship 7 South,Range 88 West of the 6th Principal Meri-
dian, Garfield County, Colorado, being more particulalry describedas follows:
BOOx. 568 P!!GE535
Beginning at the intersection of Cattle Creek with a fence as constructed
.and in place Whence a brass cap found in place and properly marked for
the Northeast Corner of said Section 18 bears North 829.95 feet and East
190.00 feet; thence along the ceneterline of said Cattle Creek on the
following courses: N 79°58'01" E 33.00 feet; thence N 67°25'50" E 66.88
feet; thence S 53°01'27" E 77.61 feet; thence S 74°08'29" E 64.22 feet
to a point on a fence as constructed and in place; thence along said
fence on the following courses: N 41°56'32" E 195.13 feet; thence S 52°
28'39" E 366.41 feet; thence N 34°25'39" E 414.18 feet to a point on the
Southerly right-of-way line of County Road No. 1137 thence S 69°12'37"
E 61.74 feet along the Southerly right-of-way line of said County Road
No. 113; thence S 34°25'39" W 349.50 feet; thence S 55°34'21" E 570.77
feet; thence S 22°56'00" W. 629.94 feet to a point on the Southerly
boundary line of said Lot 5; thence West 958.66 feet along the Southerly
boundary lines of said Lots 5 and 1 to a point on a fence as canstrucLed
and in place; thence North 982.24 feet along said fence to the point of
beginning , containing 23.36 acres rrore or less and subject to water line
easement described herewith.
WTER. LINE EASEMENT
A water line easement situated in Lot 5 of Section 17, Township 7 South,
Range 88 West of the 6th Principal Meridian, Garfield County, Colorado,
being 10 feet in width and lying 5 feet on each side of the following
described centerline:
Beginning at a well as constructed and in place whence a brass cap found
in place and properly marked for the Northwest Corner of said Section 17
bears N 28°05'58" W 1186.36 feet; thence S 89°14'52" E 188.32 feet. The
sidelines of the above described easement being lengthened or shortened
on the easterly end to terminate on the Southwesterly boundary lines of
the herewith described Tracts A and B.
(in the State of Colorado and County of Garfield); 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 tne reason that the impact created does
not warrant a full subdivision review, and
WHEREAS, the Petitioner has demonstratedto the satisfaction of the Board
of County Commissioners of Garfield County, Colorado, that there is a reasonable
probability of locating dorstic 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", and "C" fruiu the above described 30 acre tract is hereby exempted
from such defintions 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
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" , and "C", and that a
copy of the instrument or instruments of convayance hen recorded shall be filed
with this Resolution. BOARD O$O UN'IY SIGNERS
ATTEST: S )0,0-9-"Ddeputy By: airman
Upon motion duly made an seconded the foregoing Resolution was adopted by the folio ote
Tarry Vela gpez Aye
Flaven J. Cerise Aye
STATE OF COLORADO
County of Garfield
gene "Jim" Drinkhouse
r..
Aye
Commissioners
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.