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Home My WebLink About3.0 Resolution 84-76STATE :OF .COLORAD( County :o: BOOK 648 eiGE874 Ro'�Ioak Nf. MAY 011984 worded at ss Remotion No....3,:^ MILDRED ALSDORF, RECORDER ar• f`ield ) GP RFIELD COUNTY, COLORADO At a: regular meeting of the Board of County. Commissioners.. for':Garfield•County, Colorado, held at the Commissioners` Annex .<in _Glewoo nd :Spr.ings :on Monday'. , the,., 3Pth day . of April :A.D:- .19 84 .: there wer:e..:present: . Larr.'y Ve.asq iez Flaver__ :J. Cerise' .Eugene "Jim" :J)rinkhbus.e Earl. Rhode, Mildred' iiisdorf when t e following proceedings among Comini;s`sioner 'Chairman Commissioner Commissioner County ;Attor-:ney Clerk of :the .Board others `were :?gad and done; o -wit: RESOLUTION:NO.:811_ 6 A RESOLUTION CONCERNED WITH GRANTING AN`. EXEMPTION FROM THE GARFIELD COUNTY SUBDI'VISION _:REGULATIONS FOR CLYDE:AND LUCY :'SIEVERS WHEPEAS, Clyde:: and Lucy Sievers have Petitioned' the Board of County Commissioners -of :.Garfield; County,exemption Colorado,_for; an: exem tion from ti -,e definition of the :ter.ms - "subd3:visi'on" and "subdivided %la•nd" ` under C:"R S. - 1.973., : ;30-28101 (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 37.22acre tract described as: follows: that parcel of land as described.in Book 48.3, Page 940, as' filed' in the Office of the Clerk and Recorder. of Garfield County, .'Colorado, into 2 tracts of approximately 35.20 acres and .2 02:. acres each, more; or less, which `proposed divided tracts(s) is/are more particularly 'described as folhows: Parcel 1 A parcel'of land situated in Section 9 and 10, Township 6, South,`:Range 92 West of -the Sixth Principal Meridian, Garfield '•County, Colorado,. lying Southerly of the ::Southerly, right-of-way`. line 'of _I-70 Highway , westerly of a fence as now constructed and .in -place-also as described by a parcel of land as filed in the Garfield County, Colorado . records under Book 520 of Page 872, and Northerly of the approximate .- Centerline of the. Colorado River, said parcel of land is more fully described as follows: :,Beginning at an angle,:point on :said I-70 right -of way, .whence the Northeast :Corner of said Section - 9. (also Ubeing • a S.tr eet 'Survey Monument on Fir t Street and, Grand Avenue in` the town.:of: Silt, .C.olo'rado.). be:a,rs 18°.38'26" E. 1214.13 feet, thence along said I .70 right- of --way the • following 3 courses: (1) S 84°29'00" E 394.73. feet;:(2);":S 00°42'00 E .44.7.0 feet; (3) S 82°37'02" E 700.00: feet; thence south 25-.98 feet, : thence S :89'27'02w W 646.15 feet: thence S 85°0048.."..:14 38,45 feet` to a :point in': said Easterly fence line; thence S 00°24.'38" E:along'said Easterly fence, 1012.02 feet. to a point in said Colorado River, thence N 88°2`6'02".:W along' said Centerline River, 237.69 feet; thence .N 00°00'00" E 263, 4:feet, thenceN 57°30'-24" W 189.84 feet; thence S 23°20'08" W 66.91`feet; thence S 47°16'37" W 95.99 feet;thence S 72°32'07" W 37.49 feet`; thence S .06°27'.3.0"W 219.96 feet to said river centerline; thence..N 88°26`027.W 147.88 feet to an angle point of the North (right) Ban's Meander•:.::Li.ne', thence N 83°00'46" W along said Centerline, 613.74 feet; thence N •88°30'-00 W 168.58 feet along said Centerline River;. thence N 11°43'30" 480.75 feet along said Westerly fence line; thence N 32°.35'1.3" E:126.08 feet along. said. Westerly fence line; thence S 64°45'00" E.along said Westerly fence line, 212.38 feet to a point on the West line of _Lot' 7, Section 9; thence N 00°43'35" W along said Lot line and said Westerly .fence line 423.18 feet toa point on said .I-70 right-of-way line; thence along said I-70 right-of-way line, 656.35 feet along the arc ofa,.curve to the right, having a radius of 2714.789 feet,• the chor.d.of which:bears::N 7.8°-53'55." E 654:75 feet; thence N 72°20'30" E 28.4<.30 feet to the point -.of beginning, containing 35.22 acres, more or less. fOOK 648 PAGES 5 sub,.ject to the :.r 1:.1owing. road easement: A road -easement situated 'in Sections .-9 and::10,:. Township 6 South,- Range 92 West of:.the 6.th' P:rincipal..Meridian being. 30 feet. in width and lying 15 feet -on each side of the enterl;ine of, a road .as' built and in 'place more particularly- described.:as' follows: Beginning at a pont on the.southerly right-of-way line of Interstate 70 whence the northeast corner of. said Section 9 bears N 01°36'06 W 1237.35 feet;;: thence S 00°54'26".; E 13..52 feet; thence S 53°28'57" W 63.71 feet; thence -S 89°49'27" 1A1.34:.'76 feet; thence N' 85°29'49"W 29.67 feet; thence S 81°45'15" W 124.08 fet, thence 169:31 feet along the arc of a 125.00 foot radius curve to .the left,: having a centrad angle of 77°36'15" and subtending a:chord bearing S 42°57'08" W 156.66 feet; thence S 04°09'00" W 595.92 feet to the north boundary ; line of Parcel 2 Parcel 2;., A tract.of land situated in Section 9, Township 6 South, Range. 92 West. of the .:6th Principal Meridian,'being more particularly described as follows. Beginning at', the northeast corner of said Section 9, thence S 16°08'45" W 2447.87feet;: thence . S 88°26'02" E :147.88 feet to. the True Point of Beginning -with all bearings ..contained herein beingrelative to ,a bearing of N89°46'40:". E::•on the centerline of Grand Avenue in the Town of Silt, Colorado, thence -N. 06°•27''30"' E 219:.96. feet; . thence N 72°32'07":.E 37.49 feet; thence N 47°16'37" E 95:99 'feet; thence N 23°20'08" E .66.98 feet; thence:S.;57°30'24". E •189 84. feet; thence'S 00°00'00" E 263;14 feet to :a point in;the center of the ' Colorado River; thence :N.88°26'02". W 317..80 feet` along the center of `said::river to the True Point of Beginning, containing 2.02 acres more or less. (in the .:State: of Colorado : and County of Garfield) ; and 'WHEREAS','the Petitionershave demonstrated to the satisfaction of the. Board -of Coilnty. Commissioners of Garfield County, Colorado, that the proposed: division: doesnot fall within the purposes of Part. 1, Article 28, Title 30:: Colorado .Re.vised Statutes 1973, as amended, for the reason that the.impact created does not warrant further subdivisic,n 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 .tracts,: that ; there. is adequate ir'gr ess and egress to said .:tracts,: .ghat' the lodat:ion,,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 parcels ."1" and "2" from the above. described 37.22 acre tract is hereby exempted from :such 'definitions and said tract may be divided into parcels "1" and "2",.all-asi_s' 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, however, that this` exemption is granted on the condition and with'the'expr,ess understanding and agreement of the Petitioners that no. further exemptions: be allowed`on-sai_d parcels "1" and "2", and that a copy of.the .instrument or:. instruments of conveyance when .recorded shall ;be filed •with::;this Resolution. Dated this 30th day of ATTEST: Cle April` , A.D. 1984. of the: Board THE BO. D OF COUNT.Y•COMMISSIONERS OF A' LD.COUNTY., COLORADO a rman Upon: nioti:on' duly. niade;.and seconded adopted _by the following .'vote`: • La' y: Veiasj p' :RTaven.:::J ' Cerise Eugene ',Jim!'.:`Drinkhouse':' s 4tJOK $ PAGE876 the foregoing Resoa`u.Lion ';was Ay: e td.flrk .n� o i tc i � leek o.::theBo«s'oountyCorimisioners'in .:a:nd' or'=:the;Countyand::Sate aforesa.i:d :do1he'>eby: ;. .i-fy.:that :-the .annexed .and f_oregoing:",Or:d:er is:; truly copied frmth'e. R oecords of the Proceedings of the `Board,` of: County: Commissioners f;o:r: said �arf•ie1d- County, now 'in. my ofti;ce:.. TNWITNESS WHEREOF, I' Kaye. h"ereunto. set my: hand anc affixed Lhe seal said County, at , Glenwood Springs, thisday of , A.D .1 of the Board of County Commissioner s .County C1Prk.an:d x -officio