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Home My WebLink About2.0 Resolution 81-206a STATE OT COLORADO County of Garfield f" et a............19.?y:.*......... .....meeting of the Board of County Commissioners for Garfield County, Col,orado, ...J..u].y.......... .......A. D. 19..p..1....... , there were present: Larry Velasguez ...9hs.rv.I...{.:....5.9p.:r..P..-".p.*}x ... , Clerk of the Board when the following proceedirigs, among others were had and done, to-rrrit: RESOLUTION NO. g1-206 I RESoLUTTON CONCERNED WrTH GRANTTNG ANiEXEMPTTON FRoM n{B GARFTELD COIJNIY SI,BDTVTSTON REG- TILATIONS FOR E\IELYN MCKAY. ] I-t IIHEREAS, Evelyn MeKay has petifioned the Board of County Counissionera of Garfield County, CoLorado, for an exemption frbm the definition of the terms I'subdivisiontt and "subdivided landi'under c.R.S. Lg73, pO-Za-tOt (10) (a)-(d), as amended, and the Subdivislon Regulatlons of Garfiel-d County, Color.bdo, adopted January 2, 1979, Sections 2.O2.2L (d) and 3.02.01 for the division of a 13.'14 acre tract descrlbed as follows: iThat parcel of Land as descrlbed in Docr:ment No L634L3 and 303364 as fl1ed with the Office of the Clerk and Record6r of Garfield County, Colorado into 4 tracts of approximatel-y 3.40, 3.L7, 3.16; and 3.41 acres each, more or less, whlch proposed divlded tracts are trpre particqIarly described as foLlows: Tract A: A tract of l-and sftujte in the sW% SI&, Section 1, Township 7 South, Range 96 ![est, 6th P.M., being grore particularly described as follows: I Conrmencing at the SW corner of baid Section 1 frorn which a witness corner (an iron post with brass cap) bears N 88:21t31" W 220.00 feet; with all bearings contained herein being Colorado Grid Bearlngs (Central Zone). True bearlngs are obtained by rotatlng aLl- bearings herein counter-clo0kwise 01"37'28"i thence along the westerly section line of sald Secti.on L N 06'29'20r'E L336.05 feet to the N['I corner of sald Swk SI^IL, rhe rrue point of begi{rning; thence S 50"26'52" 8 580.83 feet; thence s 39"37 '28r'W 331.01 feet to the northeasterly right-of-way line of County Road Uo. 215; theace along saj.d cor:nty rirad right-of-way f-ine along a spiral curve to the right, the chord of which bears N 45o38135" I^I L99.66 feet; thence along said county road right-of-way Line 224.44 feet along the arc of a 1095.92 foot radius curve to the rlght, havlng a central angle of 11o44t01" and subtending a chord bearing N 34o 33120'! Vl 224.04 feet to the westerly section llne of said Section 1; thence along said section line N 06o29120" E 3O4.2L feet to the true polnt of beglnnlng, con- talnlng 3.40 acres, more or less. Together wlth and subject to an easeuent for ingress and egress over and across a tract of land being more particularly described as fo11or"rs: Beginning at a point whence said NW corner of the SIdL SI,fz of Sectlon I bears N 50o 26t52n W 520.83 feet; thence 251.40 feet aLong the arc of a 60.00 foot radius eurve to the right, having a central- angl-e of 240"04t20" and subtendlng a chord bearing S 20"24'44" E 103.89 feet; thence S 39o37f28" I^l 283.54 feet to the northeasterly right-of-way line of County Road No. 2L5, thence along said county road rfght-of-way line along a spiral curve to the right, the chord of whfch bears N 45"38'35" W 6A.2L feet; thence N 39'37'28" E 278.57 feet; thence 62.76 feet along the arc of a 60.00 foot radius curve to the right, having a central- angle of 59o55t40t'and subtending a chord bearing N 09"35t18tt E 59.94 feet to the point of beginning. Tract B: A tract of land situate in the SWt SWl,i, Section 1, Towqship 7 South, Range 96 West, 6th P.M., belng more particularly described as follows: Comurencing at the S!,I corner of said Section 1, from whlch a witness corner (an iron post with brass cap) bears N 88o21'31" W 220.00 feet; with all bearings contained herein being Colorado Grid Bearlngs (Central Zone). True bearings are obtained by rotating all bearlngs herein counter-cl-ockwise 01o37'28"; thence along the westerly section Llne of sald Sectlon 1 N 06'29'20" E 1336.05 feet to the NI,I corner of sald Swt SIIL, rhe true poLnt of beginnlng; thence S 88"56'44" E 548.97 feet to the pro- posed southwesterly right-of-way line of a railroad; thence along said proposed raLl- road right-of-way l-ine S 51o43'07" E 223.59 fdet; thence S 51."20t18" I,I 354.15 ftjet: thence N 50"26'52" W 580.83 feet to the true point of beglnning, containlng 3.17 acres, trpre or less. Together with and subject to an easement for ingress and egress over and across a tract of land being more particularly described as follows: Beginnlng at a polnt whence said NW corner of the SWk ${k of Section I bears N 50" 26i52" W 520.83 feet; thence 251.40 feet along the arc of a 60.00 foot radlus curve Commissioner Chairman Commissioner to the right, having a eentral angle of.240'04t20" and subtending a ttord bearing S 2Oo24144" E 103.89 feet; thence S 39'37t28" w 263.54 feet to the northeasterly right-of-way line of County Road No. 2t5, thence along said county road right-of- way IIne along a spiral curve to the right, the chord of which bears N 45"38135" W 6O.2L feet; thence N 39"37128" E 278.57 feet; thence 62.76 feet along the arc of a 60.00 foot radius curve to the right, having a central angle of 59o55'40" and sub- tendlng a chord bearing N 09'35118" E 59.94 feet to the point of beginningi Tract C: A tract of Land sit,uate in the SWk Slfz Sectlon 1, Townshlp 7 South, Range' 96 West, 6th P.M., being more particularly described as follows:' Commencing at the SW corner of said Section 1, from which a witness corner (an Lron post with brass cap) bears N 88o21t31" W 220.00 feet; wlth all bearings contalned herein belng Colorado Grid Bearings (Central Zone). True bearings are obtained by rotatlng all bearings hereln counter-clockwise 01o37r28"; thence aLong the westerly sectlon line of said Section 1 N 06"29'20" E 1336.05 feet to the l[,I corner of sald SWk SIfl,6; thence S 50"26'52" E 580.83 feet ro the true point of beginnlng; thence N 5L"2Or18ttE 354.15 feet to the proposed southwesterly right-of-way line of a rallroad; thence along sald proposed railroad right-of-rday line S 51'43r07r'E 357.57 feet; thence S 39o37128" I^I 354.61 feet; thence N 50o26r52t'W 429.38 feet to the true Point"of beginning contalning 3.15 acres, more or 1ess. Together with and subject to an easement for ingress and egress over and across a tract of land being more particularly descrlbed as follows: Begl.nning at a point whence said NW corner of the SWt SWt of Section I bears N 5O"26152't W 520.83 feet; thence 25L.4O feet along the arc of a 60.00 foot radlus curve to the right, having a central angle of 240"04'20" and subtendlng a chord bearlng s 2Ao2474Ci r tOgl8g feet; thence S 39o37128" I^I 283.54 feet to the north- easterly right-of-way line of Cormty Road No, 2L5, thence alcrg said county road right-of-way line along a splral curve to the rlghtr the chord of whlch bears N 45o38'35" I{I 60.21 feet; rhence N 39'37'28'r E 278.57 feet; thenee'62.76 feet aLong the arc of a 60.00 foot radius cut:\re to the rightr havlng a central angle of 59"55r 40" and subtending a ehord bearing N 09o35t 18" E 59.94 feet to the Point of beglnning. Traet D: A tract of land situate in the SI^F6 SWk, Section 1, Township 7 South, Range 96 West, 6th P.M., being more particularly described as foll-ows: Comenclng at the SW corner of said Section l, from which a wltness corner (an iron post with brass cap) bears N 88'21'31" W.220.00 feet; with al-l bearings contained herein being Coloraio Grid Bearings (Central Zoue). True bearings are obtained by rotatlng all bearings herein eounter-c1oc|<wise 01o37f28t'; thence along the westerly section along the westerly section Llne of said Sectlon 1 N 06o29r20t' E 1336.05 feet to the I.lW corner of said swk SI^I\; thence S 50o26152" E'580.83 feet to the true point of beglnning; thence S 50o26'52" E 429.38 feet; thence S 39o37128'! W 355.22 feet to the northeasterly rlght-of-way line of County Road No. 215; thence along said county road right-of-way line N 48oOOf00" W 336.44 feet; thence al.ong sald cotrnty road right-of-way llne along a spiral curve to the rightr the chord of which bearl N 45"38i35" w 93.55 feet; thence N 39"37128" E 333.01 feet to the.true point of begirurlng, containing 3.41 acres' rnore or less Together with and subject to an easement for ingress and egress over aad across a tract of land being Eore Partlcularly described as fol-lows: Beglnnlng at a point whence said NW corner of the sl{t sI^Ik of sectlon I bears N 50o 26i52" f,I 520.83 feet; thence 251.40 feet along the arc of a 60.00 foot radlus curve - to the right, harring a eentral angl-e of 24OoO4t20" and subtending a chord bearlng S 2O"24r4frr g 103.8r. feet; rhenee-S 39"37 r28" w 283.54 feet to the northeasterly rlght-of-way line of County Road No. 215, thence aLong sald eounty road rlght-of-way - 1lne along a splral curve to the right, the ehord of which bears N 45"38t35'r W 6O.2L: - feet; thence N 39o37r28'r E 278.57 feet; thence 62.76 feet along the arc of a 60.00 foot radius curve to the right, having a central angle of 59o55r40t'and subtending chord beartng N 09"351 18" E 59.94 feet to the point of begianing; and TJIIEREAS, the Petitioner has demonstrated to the satlsfaction of the Board of County Conrmlssloners of Garfleld County, Colorado, that the proposed dlvlslon does not fall rlthin the purposes of Part 1, Artlcl" 28, Tltle 30, Colorado Revi.sed Statutes 1973, as auended, for the reason that the irnpact created does not warrant further subdivlslon revlew, and I.1HEREA^S, the Petltioner has deuonstrated to the satisfactibn of the Board of County Coumissioners of Garflel-d County, Col-orado, that there is a reasonablb probablltty of 1oc- atlng domestlc Lrater on each of said tracts, that there is adequate lngress and egress to said traci", that the Location of septic tanks will be permitted by the Colorado DePar'tment of Health, that the requested division is not part of an exlsting or larger development and does not fal} within the generaL purposes and intent of the subdivjsion regul-ations of the State of Colorado and the County of Garfield, and should, therefore, be exempted from the :. definition of the terms |tsubdivision" and "subdivided land" as set forth in C.R.S. Lg73, 30-28-101 (10) (a)-(d), as amended; '" :i'\-/' -- -- | ,,), ','- , NOw, THEREFSRE, BE IT RESoLVED rhat the divislon of the above descrlbed ttbets rr4rr, rr3ii ;C;, ".rd "Di from the above described 13.14 acre tract ls hereby exempt'ed from such definitions and said tract may be divided into tracts ttAtt, ttBt', ttCtt, amd ttDtt, atl ""-i" ,.ie iuffy described above, and said divided tract may be conveyed in the form of such srnal-ler.tracts without further conpliance with the aforesaid subdivislon statutes and regulations; provided, however, that thls exemption is granted on the condition and with the express understanding and agreement of the Petitioner that no further exemptions be a[lowed on said traets rrA* rrBtt, "9", and "D", and that a copy of the instrument or instnrments of conveyance when r""ora{a shalI be filed with this Regolution; and further that the existing driveway on the pro{erty be abandoned, and a neh, drive and cul-de-sac be establ-ished in the l-ocation specitipa in ttre application so as to serve a1l- the newly created par.cel-s. ATTEST: C,arfieLd I I I I ItI l THE BOARD OF COU}MY COMMISSIOMR.S GARFTELD CoIJNIY, COLoRAm I Il I t !,I Board Co oners CountY,Colorado Upon motioa duly made and seconded the foregoing Resolution was adopted by the following votc: ....tarqL..v.elasguez.... .........'..'."""""'Ave ....Eugene...lhIin11...Drinkhouse..... ..........'.""""""-'Ave ....................4ye STATE OF COLORADO Corurty of Garfield I, ......................... l" Commissioners ........, county clerk and exofficio clerk of the Board of county commisrioners ln and for the County and State aforesaid do hereby certify that the annexed and foregoing Orrier is truly copicd from the Records oI the prococdlng of the Board of County Comraissloners for gaid Garfield County, now in my office. lN WITNESS VIIIEREOF, t havs hereunto set my hand and affixed the seal of raid county, at Glcnwood springr, thts....................day of ........ .-. , A' D' 19 """"""" County Clsrk and ex-officlo Clerk of the Board ol County Comrnissioners'