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HomeMy WebLinkAbout4.0 Resolution 95-033477522 B-939 P-316 05/03/95 10:58A PG 1 OF 3 REC DOC NFEE 0.00 MILDRED ALSDORF GARFIELD COUNTY CLERK AND RECORDER STATE OF COLORADO ) )ss County of Garfield ) Ata 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 1st of May A.D. 19 95 , there were present: Marian I. Smith Arnnl d T Markl Py Elmer (Buckey) Arbaney 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. 95-033 A RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE GARFIELD COUNTY SUBDIVISION REGULATIONS FOR BARTON PORTER. WHEREAS, BARTON PORTER 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 6.566 acre tract as described in Book 430 at Page 146 Reception #253519 as filed in the Offices of the Clerk and Recorder of Garfield County, Colorado, into three (3) tracts of approximately 2.187, 2.001 and 2.378 acres each, with the exemption parcels more practically as follows: See Attached Legal Descriptions (in the State of Colorado and the 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, Colorado Revised Statutes 1973, as amended, for the reason that the division does not warrant further subdivision review; 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 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; and • 477522 B-939 P-317 05/03/95 10:58A PG 2 OF 3 NOW THEREFORE, BE IT RESOLVED that the division of the above described 6.566 acre parcel is hereby exempted from such definitions and may be conveyed in the form of lot "1 ",lot"2" and lot "3" as are 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 1st day of May , A.D. 1995 . ATTEST: GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFIELD COUNTY, COLORADO C erk of the Board vote: Chairman Upon motion duly made and seconded the foregoing Resolution was adopted by the following Marian I. Smith Arnold L. Mackley Elmer (RnrkPy) ArhanPy STATE OF COLORADO ) )ss County of Garfield ) , Aye , Aye , Aye 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 • 477522 B-939 P-318 05/03/95 10:58A PG 3 OF 3 PROPERTY DESCRIPTION (LOT 1) A PARCEL OF LAND SITUATED IN THE SE1/4NW1/4 OF SECTION 12, TOWNSHIP 6 SOUTH, RANGE 91 WEST, OF TFIE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO; SAID PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NW1/16 CORNER OF SAID SECTION 12 (WHENCE THE E1/4 CORNER OF SAID SECTION 12 BEARS S 73'06'53" E 4264.96 FEET); THENCE N 88'49'39" E ALONG THE NORTHERLY LINE OF SAID SE1/4NW1/4 . 521.24 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY FENCE OF COUNTY ROAD NO. 314; THENCE LEAVING SAID NORTHERLY LINE S 64'04'28" E ALONG SAID SOUTHERLY RIGHT-OF-WAY FENCE 347.36 FEET; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY FENCE S 56'26'02" E 59.14 FEET; THENCE CONTINUING ALONG SAID RIGHT-OF- WAY FENCE S 55'43'01" E 95.49 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY FENCE S 59'45'02" E 79.32 FEET; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY FENCE S 59'51'33" E 72.52 FEET; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY FENCE S 70'48'00" E 70.71 FEET; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY FENCE S 72'20'26" E 43.17 FEET; THENCE LEAVING SAID RIGHT-OF-WAY FENCE S 20'43'55" W 322.54 FEET; THENCE N 69'40'26" W 165.87 FEET; THENCE N 43'39'20" W 49.85 FEET; THENCE N 62'56'54" W 93.56 FEET; THENCE N 57'37'35" W 28.69 FEET; THENCE N 33'17'17" E 314.37 FEET TO THE TRUE POINT OF BEGINNING; SAID PARCEL OF LAND CONTAINING 2.187 ACRES, MORE OR LESS. PROPERTY DESCRIPTION (LOT 2) A PARCEL OF LAND SITUATED IN THE SE1/4NW1/4 OF SECTION 12, TOWNSHIP 6 SOUTH, RANGE 91 WEST, OF TIIE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO; SAID PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NW1/16 CORNER OF SAID SECTION 12 (WHENCE THE E1/4 CORNER OF SAID SECTION 12 BEARS S 73'06'53" E 4264.96 FEET); THENCE N 88'49'39" E ALONG TFIE NORTHERLY LINE OF SAID SE1/4NW1/4 521.24 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY FENCE OF COUNTY ROAD NO. 314; THENCE LEAVING SAID NORTHERLY LINE S 64'04'28" E ALONG SAID RIGHT-OF-WAY FENCE 156.64 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY FENCE S 64'04'28" E 190.72 FEET; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY FENCE S 56'26'02" E 59.14 FEET; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY FENCE S 55'43'01" E 95.49 FEET; THENCE LEAVING SAID RIGHT-OF-WAY FENCE S 33'17'17" W 314.37 FEET; THENCE N 57'37'35" W 98.15 FEET; THENCE N 20'07'34" W 146.73 FEET; THENCE N 50'49'00" W 103.11 FEET; THENCE N 25'55'32" E 197.02 FEET TO THE TRUE POINT OF BEGINNING; SAID PARCEL OF LAND CONTAINING 2.001 ACRES, MORE OR LESS. PROPERTY DESCRIPTION (LOT 3) A PARCEL OF LAND SITUATED IN THE SE1/4NW1/4 OF SECTION 12, TOWNSHIP 6 SOUTH, RANGE 91 WEST, OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO; SAID PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NW1/16 CORNER OF SAID SECTION 12 (WHENCE THE E1/4 CORNER OF SAID SECTION 12 BEARS S 73'06'53" E 4264.96 FEET), TIIE TRUE POINT OF BEGINNING; THENCE N 88'49'39" E ALONG THE NORTHERLY LINE OF SAID SE1/4NW1/4 521.24 FEET TO A POINT ON TIIE SOUTHERLY RIGHT-OF-WAY FENCE OF COUNTY ROAD NO. 314; THENCE LEAVING SAID NORTHERLY LINE S 64'04'28" E ALONG SAID RIGHT-OF-WAY FENCE 156.64 FEET; THENCE LEAVING SAID RIGHT-OF-WAY FENCE S 25'55'32" W 197.02 FEET; THENCE N 50'49'00" W 63.54 FEET; THENCE N 43'06'07" W 43.20 FEET; THENCE N 87'25'30" W 498.15 FEET TO A POINT ON THE WESTERLY LINE OF SAID SE1/4NW1/4; THENCE N 00'13'16" E }` ONG SAID WESTERLY LINE 140.94 FEET TO THE TRUE POINT OF BEGINNING; SAID PARCEL OF LAND CONTAINING 2.378 ACRES, MORE OR LESS.