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Home My WebLink About2.0 Resolution 81-271Recorded at 1 oa o'clock p M; SEP 11981 Reception No. ;318( ;;(? -7 MILDRED ALSDORF, RECORDER STATE OF COLORADO ss. County of Garfield At a E .g.U1ar meeting of the Board of County Commissioners for Garfield County, Colorado, held at the Court House in Glenwood Springs on MOa7.day , the 31.S:t....day of "" AUJ' •t. A. D. 19....83. , there were present: ....L.a=y xy SI.elaaC[1).G.z. , Commissioner Chairman .....'.a,.ay. Xl....t7„ C x.i.S.e , Commissioner .... rialto ?l ° ►7.d,i))" .121-.in)Sh.A.US Q Commissioner ,E1- Q ? TihO ci * , County Attorney Cheryl J. Koss,, Deputy , Clerk of the Board when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 81-271 Bn_X 580 r? :E252 A RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE GARFIELD COUNTY SUBDIVISION REGULATIONS FOR RICHARD J. MURR. WHEREAS, Richard J. Murr 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 Garfield County, Colorado, adopted January 2, 1979, Sections 2.02.21 (d) and 3.02.01 for the division of a 151 acre tract described as follows: That parcel of land as described in Document No. 299949 as filed in the Office of the Clerk and Recorder of Garfield County, Colorado into 3 tracts of approximately 5.26, 3.94, 2.26 and the remaining 140 acres each, more or less, which proposed divided tracts are more particularly described as follows: Tract A: A parcel of land situated in Lot 2 of Section 6, Township 6 South, Range 91 West of the 6th P.M., Garfield County, Colorado, lying Easterly of the North-South Centerline of said Section 6 and Northerly of the lower bank of the High Line Ditch, said parcel of land is more fully described as follows: Beginning at the North Quarter Corner of said Section 6; thence N 89°44'17" E. 183.00 feet along the North line of said Section 6; thence S 00°33'33" E. 1226.34 feet to said ditch bank; thence, along said lower ditch bank also described as being the Westerly right-of-way line of said ditch, described by Civil Action Case No. 8820 dated January 8, 1979 in the District Court of Garfield County, Colorado, N 75°25' 20" W. 7.86 feet to a rebar and cap (corner); thence S 78°01'30" W. 27.44 feet to a rebar and cap (corner); thence S 68°04'26" W. 159.47 feet to a rebar and cap (corner) to a point on the North-South Centerline of said Section 6; thence N 00° 33'33" W. 1288.76 feet to the point of beginning, containing 5.26 acres, more or less. Subject to the High Line Ditch easement and/or right-of-way. Tract B: A parcel of land situated in the SE%,NW4 and SW%NE4 of Section 6, Township 6 South, Range 91 West of the 6th P.M., Garfield County, Colorado, lying Southerly of the centerline of the High Line Ditch, Westerly of a parcel of land described in Book 512 of page 180 as filed in the Garfield County, Colorado records, Northerly of the Northerly right-of-way of County Road No. 214, and Easterly of a parcel of land described by Civil Action Case No. 8820 dated January 8, 1979 in the District Coutt of Garfield County, Colorado, said parcel is more fully described as follows: Beginning at the intersection of said right-of-way line and said Civil Action parcel; whence the East Quarter Corner of said Section 6 bears; S 83°38'54" E. 2705.43 feet; thence N 15°09'14" E. (record said Civil Action Case N 14°50'31" E.) 225.00 feet, more or less, to the centerline of said ditch; thence, more or less, along said centerline ditch, S 64°32'46" E. 48.44 feet; thence S 78°33105"E. 102.82 feet; thence S 10°05'00" E. 33.92 feet; thence S 52°08'32" E. 16.11 feet; thence N 89°34'55" E. 141.23 feet; thence N 75°56'23" E. 39.97 feet; thence S 64°43'01" E. 17.31 feet; thence S 36°36'32" E. 64.52 feet; thence S 77°29'57" E. 10.64 feet; thence leaving said centerline ditch S 00°09'55" E. (record S 00024'02" E.) along the Westerly line of said parcel of land described by Book 512 of Page 180, 352.66 feet to a point on said right-of-way line; thence along said right-of-way line, also being as fenced, N 89°51'45" W. 255.84 feet; thence 90.64 feet along the arc of a curve to the right, having a radius of 86.358 feet, the chord of which bears: N 59°47'32" W. 86.54 feet; thence N 29°43'20" W. 125.44 feet; thence N 32°24'41" W. 139.35 feet, more or less, to the point of beginning, containing 3.94 acres, more or less. Subject to the High Line Ditch easement and/or right-of-way. • - Botox 580 nTE253 • Tract C: A parcel of land situated in the SW7,NE1-4 and SE NE4 of Section t, Township 6 South, Range 91 West of the 6th P.M., Garfield County, Colorado, lying Northerly of a fence as now constructed and in place, Easterly of the Easterly line of a par- cel of land described by Reception No, 286771 as filed in Book 512 of Page 172 of the Garfield County, Colorado records, and Westerly of the Centerline of the High Line Ditch, said parcel of land is more fully described as follows: Beginning at a point in said centerline ditch, whence the East Quarter Corner of said Section 6 bears: S89°16'09" E. 764.29 feet; thence S 89°26'20" W. 203.21 feet along said fence; thence S 89°38'10" W. 100.21 feet along said fence; thence S 89° 03'49" W. 238.43 feet along said fence; thence S 89°11'42" W. along said fence 132.53 feet, more or less, to a point on the Easterly line of said parcel of land described by Reception No, 286771; thence N 05°29'35" E. along said Easterly line 167.01 feet, more or less, to a point in said Centerline ditch; thence East 528.23 feet to a point in said Centerline ditch (said Centerline ditch does not follow the previous course); thence S 43°30'50"E. 161.26 feet along said centerline ditch; thence S 25°00;00: E. along said centerline ditsh, 45.14 feet to the point of beginning containing 2.26 acres, more or less; and WHEREAS, the Petitioner has demonstrated to the satisfaction of the Board of County Commissioners of Garfield County, Colorado, that the pioposed 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 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 loc- ating 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 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" from the above described 151 acre tract is hereby exempted from such definitions 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 subdivision statutes and regulations; provided, how- ever, 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 conveyance when recorded shall be filed with this Resolution. ATTEST: Deputy Clk of- e Board of County Commissioners Garfield County, Colorado THE BOARD OF COUNTY COMMISSIONERS GARFIELD COUNTY, COLORADO Chairman 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 ss County of Garfield Aye Aye 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.