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Home My WebLink About3.0 Resolution 94-013P.M RECORDED� I DREDL4LDSDDRF,�GARFIELD COUNTY CL RK anoK0892?AGfO78 FEB 8 f994 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 7th of February A.D. 19 94 , there were present: Elmer (Buckey) Arbaney , Commissioner Chairman Arnold L. riackley , Commissioner Marian I. Smith , Commissioner Don Derord , County Attorney Mildred Alsdorf , Clerk of the Board Chuck Deschenes , County Administrator when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 94-013 A RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE GARFIELD COUNTY SUBDIVISION REGULATIONS FOR RICHARD MORGAN. WHEREAS, RICHARD MORGAN petitioned the Board of County Commissioners of Garfield County, Colorado, for an exemption from the defmition 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 a25.355 acre tract as described in Book 162 Page 448 as filed in the Offices of the Clerk and Recorder of Garfield County, Colorado, into three (3) parcels of approximately 16.345, 2.129 and 6.881 acres in size, more or less, with the exemption parcels more practically as follows: Lot 2A (see attached) Lot 2B (see attached) Lot 2C (see attached) (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 aoA892 PAGi 079 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 NOW THEREFORE, BE IT RESOLVED that the division of the above described lots 2A, 2B and 2C from the 25.355 acre tract is hereby exempted from such definitions and may be conveyed in the form of such lots "2A", "2B" and "2C" 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 7th day of February A.D. 19 94 ATTEST: GARFIELD COUNTY BOARD OF Cle :of -the Board.: COMMISSIONERS, GARFIELD COUNTY, COLORADO Chairman Upon'motion duly,,rnade and seconded the foregoing Resolution was adopted by the following vote: Elmer (Buckey) Arbaney , Aye Arnold L. Mackley Aye Marian I. Smith , Aye 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 SCALE: 1'' = 2000' 8n_ox0092 i'.'G1080 PARCEL 2A A PARCEL OF LAND SITUATED IN THE NE1/4SW1/4 AND THE NW1/4SE1/4 OF SECTION 10, TOWNSHIP 6 SOUTH, RANGE 93 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD. STATE OF COLORADO; SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER OF SAID SECTION 10, A BRASS CAP IN PLACE, THE TRUE POINT OF BEGINNiING; THENCE S 89'39'32" W ALONG THE EAST - WEST CENTERLINE OF SAID SECTION 10 194.85 FEET; THENCE LEAVING SAID EAST -WEST CENTERLINE S 00'14'27" E 238.42 FEET; THENCE S 22'14'27" E 351.66 FEET; THENCE S 34'44'27" E 173.84 FEET; THENCE S 00'14'27" E 213.76 FEET; THENCE S 88'15'16" E 120.61 FEET; THENCE S 00'14'27" E 270.84 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY OF COUNTY ROAD NO. 294; THENCE N 59'40'20" E ALONG SAID NORTHERLY RIGHT-OF-WAY 720.36 FEET; THENCE LEAVING SAID NORTHERLY RIGHT-OF-WAY N 23'15'55" W 908.18 FEET TO A POINT ON SAID EAST -WEST CENTERLINE; THENCE S 89'44'46" W ALONG SAID EAST -WEST CENTERLINE 423.98 7EET TO THE TRUE POINT OF BEGINNING; SAID PARCEL CONTAINING 16.345 ACRES, MORE OR LESS. PARCEL 2C A PARCEL OF LAND SITUATED IN THE NE1/4SW1/4 AND THE NW1/4SE1/4 OF SECTION 10, TOWNSHIP 6 SOUTH, RANGE 93 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO; SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER OF SAID SECTION 10, A BRASS CAP IN PLACE; THENCE S 89'39'32" W ALONG THE EAST -WEST CENTERLINE OF SAID SECTION 10 194.85 FEET; THENCE LEAVING SAID EAST-WEF-T CENTERLINE S 00'14'27" E 238.42 FEET; THENCE S 26'22'05" E 522.74 FEET; THENCE S 00'14'27" E 213.76 FEET TO THE TRUE POINT OF BEGINNING; THENCE S 88'15'16" E 120.61 FEET; THENCE S 00'14'27" E 270.84 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY OF COUNTY ROAD NO. 294; THENCE S 59'40'20" W ALONG SAID NORTHERLY RIGHT-OF-WAY 100.17 FEET; THENCE CONTINUING ALONG SAID NORTHERLY RIGHT-OF-WAY ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 320.00 FEET AND A CENTRAL ANGLE OF 12'15'41", A DISTANCE 68.48 FEET (CHORD BEARS S 65'48'10" W 68.35 FEET); THENCE LEAVING SAID NORTHERLY RIGHT-OF-WAY S 00'32'15" E 45.33 FEET; THENCE S 89'44'24" W 165.00 FEET; THENCE N 14'33'46" W 214.91 FEET; THENCE N 75'26'14" E 134.82 FEET; THENCE N 51'45'33" E 147.08 FEET; THENCE N 00'14'27" W 66.24 FEET TO THE TRUE POINT OF BEGINNING; SAID PARCEL CONTAINING 2.129 ACRES, MORE OR LESS. PARCEL 2C IS SUBJECT TO A 10.0 FOOT WATERLINE EASEMENT 5.0 FEET TO EACH SIDE OF AN EXISTING WATERLINE, AND ALSO SUBJECT TO A 30.0 ACCESS EASEMENT ALONG THE EXISTING DITCH ACCESS ROAD ALONG THE EASTERLY SIDE OF SAID PARCEL AS IT AFFECTS SAID PARCEL. PARCEL 2B A PARCEL OF LAND SITUATED IN THE NW1/4SE1/4 OF SECTION 10, TOWNSHIP 6 SOUTH, RANGE 93 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO; SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER OF SAID SECTION 10, A BRASS CAP IN PLACE; THENCE N 89'44'46" E ALONG THE EAST -WEST CENTERLINE OF SAID SECTION 10 423.98 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID EAST -WEST CENTERLINE N 89'44'46" E 899.34 FEET TO THE NORTHEAST CORNER OF SAID NW1/4SE1/4, A STONE IN PLACE; THENCE LEAVING SAID EAST -WEST CENTERLINE S 00'26'35" E 250.84 FEET; THENCE S 89'44'46" W 520.60 FEET; THENCE S 00'26'35" E 569.77 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY OF COUNTY ROAD NO. 294; THENCE S 59'40'20" W ALONG SAID NORTHERLY RIGHT-OF-WAY 30.55 FEET; THENCE LEAVING SAID NORTHERLY RIGHT-OF-WAY N 23'15'55" W 908.18 FEET TO THE TRUE POINT OF BEGINNING; SAID PARCEL CONTAINING 6.881 ACRES, MORE OR LESS.