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Home My WebLink About3.0 Resolution 96-665a s 499375 B-995 P-525 10/08/1996 02:30P PG 1 OF 4 REC DOC NOT MILDRED ALSDORF GARFIELD COUNTY CLERK AND RECORDER 0.00 STATE OF COLORADO )ss County of Garfield At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Commissioners Meeting Room, Garfield County Courthouse, in Glenwood Springs on Monday , the 7th of October A.D. 19 95 , there were present: Marian I. Smith Elmer (Buckey) Arbaney Arnold L. Mackley absent Don DeFord Mildred Alsdorf Chuck Deschenes , Commissioner Chairman , Commissioner , Commissioner , County Attorney , Clerk of the Board , County Administrator when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 96-66 A RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE GARFIELD COUNTY SUBDIVISION REGULATIONS FOR JOHN POWERS. WHEREAS, John Powers 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 April 23, 1984, Section 8:00 through 8:60 and for the division of a 185.0 acre tract as described in Book 601, Page 526, as filed in the Offices of the Clerk and Recorder of Garfield County, Colorado, into three parcels of approximately 7.252 and 8.218 acres, more or less and a remaining parcel, which proposed divided parcels are more practically described as follows: Lot I : See Attached Lot 2: See Attached Lot 3: Remaining Parcel (in the State of Colorado and the County of Garfield); and 499375 B-995 P-526 10/08/1996 02:30P PG 2 OF 4 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 ofPart 1, Article 28, Title 30, Colorado Revised Statutes 1973, as amended, for the reason that the division does not warrant further subdivision review; and WHEREAS, the approval of this petition for an exemption from the definition of subdivision counts as two (2) exempt parcels and for exemption purposes, it is understood that the remainder parcel, north of County Road 320, shall still be entitled to be split into two (2) additional parcels under current Subdivision Regulations; 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 parcels, that there is existing ingress and egress to said parcels, 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 Lot 1 and Lot 2 from the above described 185.0 acre tract is hereby exempted from such definitions and said tract may be divided into said Lot 1 and Lot 2 and the remainder parcel and may be conveyed in the form of such Lot 1 and Lot 2 and the remainder parcel, all as is more fully described above and that a copy of the instrument or instruments of conveyance, when recorded, shall be filed with this Resolution. Dated this 8th day of October , A.D. 19 96 . ATTEST: GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFIELD COUNTY, COLORADO Clerk of the Board ��i Chairman • Upon,rtrotion duly made and seconded the foregoing Resolution was adopted by the following vote: Marian I. Smith Arnold L. Mackley - absent Elmer (Buckey) Arbaney , Aye , Aye , Aye 499375 B-995 P-527 10/08/1996 02:30P PG 3 OF 4 STATE OF COLORADO )ss 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 Resolution is truly copied from the Records of the Proceeding 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 499375 B-995 P-528 10/08/1996 02:30P PG 4 OF 4 { L SCRIPTIONS tt°oct" of land being that portion of the N1/2NW1/4 of Section 21, Township 6 South, Range 93 West of the 6th P.M. lying southerly of County Road No. 320 being more particularly described as follows: Beginning at a point on the southerly right—of—way of said County Road No. 320 whence the N1/4 Comer of said Section 21 bears N J2? 58' 46" E 923.73 fest; thence S 0? 12' 30" W 552.28 feet to the south line of said N1/2NW1/4; thence along said south line N 89? 49' 02" W 114765 feet to a point on said County Road right—of—way; thence along sold right—of—way 63.88 feet along a curve to the to the left, having a radius of 1250.00 feet, a centro/ angle of 2? 55' 40"; the chord of which bears N 65? 52' 48" E 63.87 feet; thence N 64? 24' 57" E 1210.00 feet, to the PO/NT OF BEGINNING, said described tract containing 7.252 . acres, more or less. ',COT 2 A tract of /and being that portion of the N1/2NW1/4 of Section 21, Township 6 South, Range 93 West of the 6th P.M. lying southerly of County Road No. 320 being more particularly described as follows: Beginning at a point on the southerly right—of—way of said County Road No. 320 whence the N1/4 Comer of said Section 21 bears N 0? 12' 30" E 401.51 feet; thence along the east line of said N1/2NW1/4 S 0? 12' 30" W 927.26 feet to the Southeast Corner of said N1/2NW 1/4; thence along the south line of said N1/2NW1/4 N 89? 49' 07 W 500.00 feet; thence N 0? 12' 30" E 552.28 feet to a point on the southerly right—of—way of said County Rood; thence along said right—of—way N 64? 24' 57" E 59.55 feet; thence 316.81 feet along the arc of a curve to the /eft having a centro/ angle of 16? 57' 44" and o radius of 1070.14 feet, the chord of which bears N 55? 56' 06" E 315.65 feet; thence N 47? 27' 14" E 252.68 feet, to the PONT OF BEGINNING, said described tract containing 8.218 acres, more or less. REMAINING PARCEL A tract of land described in Book 607 at Pages 526, 527 and 528 in the records of the Garfie/d County Clerk and Recorder excepting that property set forth in Lots 1 and 2 described above.