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Home My WebLink About2.0 Resolution 82-26STATE OF• COLORADO county of:Garfield 1;:::' > • Reccetion ; MILDRED ALSDORF, RECORDER No. Ata ..XAg.U4 .a meeting of the Board of County Commissioners for Garfield County, Coloraa , held at the Court House in Glenwood Springs on 11onda.y ;; the 25.th. ' day: of -,1•411,!..4"#$ A D 19 ..8 2 , 'there were resent: ..:Z1 37e..b...J c ti:S.e. , Commissioner Chairman , Commissioner Con in «oner:;: ..:.Earl, .:.Gr• Q I a , County Attorney :. 0. I.Iil C11 d; }.lty , Clerk of the Board when the following proceedings, among others were had and done;fito wit: BOOK 591 eacE634 r<. .o'clock- MM27 198 • ....sy Va1;aS4ufz. RESOLUTION NO L.9 A RESOLUTION CONCERNED WITH GRANTING ; AN EXEMPTION' FROM- THE GARFIELD•_COUNTY SUBDIVISION.. REGULATIONS FOR .Elmer: `Roberts.:: WHEREAS,'• Elmer."Roberts has ;.petitioned :the Board of County of Garfield County, Colorado,.: foran exemption from•the definition of the: terms'"subdivision":end "subdivided land" under C.R S.::'1973, 30-287-101 (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,-.132 acre tract described as follows,:. ,that par-eel:of land as filed in Book', 305;.; Page:241 in the Office of the'..Clerk,:and ;Recorder of Garfield County; -.Colorado' into:3 tracts "of approximately: 2, 2 2, and the remaining 126 acres each, more or, less; "which -proposed ::divided tracts are more: particularly.,; described ea .:follows,:', • TRACT :A A -tract of n= land situate i•the'NW' of the NES .of..Section•22, Township 5 South; Range West`of'the Sixth, Principal..:Meridian being more particularly:..,.' described..as follows.: Beginning At a poii,t on the south line of said NWS of the';:;whence the SE corner. of said NI of ,the.NE1.bears N. 89°23'11"E..670. 55 feet, thence• ..s,,,89°2 -3? -11"W t 212..39 feet ;along said south line;-: thence N.00°45' 54"fid .523.69 -feet: to the center of `a county road; thence._S.-74°15'33"E`.221..32 feet along,the center;'t�f..;said county ::road;, thence S.00 °45:' 54"E 461...37 feet to the ,Point,`> of beginning, containing 2.;399 acres -'more :or less. TRACT 'B: A •tract of land situate in :the NWS of the -of -:Section 22, Township• 5 South, `Range 91 West -of the Sixth Principal,Meridian- being more particularly described` :as follows :.;, Beginning at apoint,, on the south line of said NW': of the ;NES whence the SE corner of said NWS: of the NFA bears N.89°23' 11"E. 420`.00 feet; thence S.89 °23' 11"W 250.55 feet along said south ,:line;,: thence N. 00 °45' 54"W 461.37 feet to the center of a count road; thence along the center of said road the following courses: S.74°15'33"E. 85.95 feet; .thence:: 38.61 feet along the arc of 'x:266.81 foot radius curce to the right; :having". a central angle of 8°17',30" and subtending a chord bearing S.70°06'48"E 38.58 ::feet; thence S 65°58' 03"E 123..03 feet; thence 22.67. -,:,.feet along the • arc' of a 494.33 foot radius curve to the right having a,•central angle of 2°37'38" and subtending a chord bearing S 64°39' 14"E 22."67 feet; thence leaving said road on a course bearing S.00°45'54"E.. 362.43 feet to the point. of beginning, containing 2.399 acres more or less. TRACT C: A. tract of land situate in the:NWS of the NE' of Section 22, Township 5 South, Range 92: West of the Sixth Principal,Meridian being more particularly described as follows: Beginning at the SE corner of said NA; of the NE1, thence S.89023'11"W 420.00 feet'. along' the south line of said NWS of the NE1;:.thence N.00°45' 54"W' 362:43 feet to the center of a county road; ` thence along the center of said road the following courses: from a tangent bearing S.63°20'24"E southeasterly 87.77..feet along .the arc: of a 494.33 foot radius curve to the right, having a central angle of 10'10'22".`And subtending a chord, bearing S`:58°15' 14"E87.65 feet; .: thence S.53°10'03"E 126.61 feet; thence 254.-75 feet alongthe arc of a 1216:35 foot radius curve to the left havinga central angle -of 12°00!00" and ; subtending a chord bearing S.59°10'03"E 254.29 feet; thence S.65°10'03"E 32.06 feet to the east line of said NWS of the NE1; thence .'S.00°55 `53"E 92.10 feet 'along : said east `line to the pointof beginning, containing 2.112 acre,, more or less. BOOK 591 PAGE640 . and the remaining acres; (in the State•of ,Colorado:: and County of Garfield) , •and v' = n . :....WHEREAS: `the;.Petitioner.;has.: •demonstrated .to..;the :satisfacti_n of:i the - Board-. } of`County Commissioners of'Garfield County;:: Colorado,;that theitroposed division: does not „• fall within the purposes of,.'1.Part 1, Article :28,.Tit1e�:30,. Colorado Revised:: Statutes:;..19.73,':::a$..: amended.,;,: for the.' reason that'.:the.. impaCt.::created does..: ,.. .not warrant further subdivisionreview, and ' • r. . WHEREAS, s:the- ;:Petitioner,` has 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 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 "Wand "subdivided_ land":as-set forth in C RS. 1973,• 30-28-101 (10) (a) -(d), as amended, NOW, THEREFORE, HE IT RESOLVED tha the division of.. the above described tracts "A", "B", - and "C" fromthe above described 132 acretract 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 sulidivision.s.tatutes and'regulations, provided, however, that this . exemption ie. -granted' on,' ; :condition and with the express.'inudersta lding and agreement of 'the 'Petitioner': that'',no further exemptions' be allowed on - said tracts -"A", "B", an&'`''C"; and•" that a copy.: of :the ; instrument .Or •:instruments of conveyance.:when: recorded: shall.;:be filed: with`.: this::: Resolut-ton:::..:' ATTEST:: BOARDOF, COUNTY ::COMMISSIONERS :: GARFIELD.:COUNTY,'.:COLORADO De uty ,Clerk: of: the, Board-.., ` Chairman Upon motion duly made and secondedthe foregoing Resolution was adopted by the following vote: i::aYg l...J... .cr1e'.1,'La a Aye Eugene Ara,�.� ktQu Aye Larry Velas cillez. Aye Commissioners STATE OF COLORADO 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 Order is truly copied from the Records of the Proceedings of the Board of County Conuni«oners 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.