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HomeMy WebLinkAbout2.0 Resolution 81-35STATE OF. COLORADO ISOOK r r� M. FEB6i8.1 County of Garfield 1 - Q' tO"" J Zeception No. 311783 MILDRED ALSDORF, RECQRGCR At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held at the Court House in Glenwood Springs on Monday the nd day of kb�l,x y - A.D. 19 81 , there were present: XY' Ve LasgueZ , Commissioner Chairman Flaven J. Cerise :Commissioner. Eugene "Jim" Drinkhouse , Commissioner Arthur A.. Abpl anal p, Jr. . , County Attorney Cheryl J. Koss Deputy , Clerk of the Board when the following proceedings; among others were had and done, to -wit: RESOLUTION NO. 81-35 A RESOLUTION CONCERNED WITH GRANTING. AN EXEMPTION FROM THE GARFIELD.. COUNTY SUBDIVISION REGULATIONS FOR RALLO H. AND JOANNE MEEKS WHEREAS,.Railo H. and Joanne Meeks have 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 42 acre tract described as follows: In document #217641 filed in the Office of Clerk and Recorder of Garfield County, Colorado, into 3 tracts of approximately 2, 3, and. 37 acres each, more or less, which proposed divided tracts are more particularly described as follows: Tract A: A parcel of land lying in the SWISE% of Section 19 and in the NL NE%4 of Section 30, Township 5 South, Range 92 West of the 6th Principal Meridian, Garfield County, Colorado being more particu- larly described as follows: Beginning at the North of said Section 30; thence S 0°13'19" E,. 335.00 feet along the west line of the NWI4NE14 of Section 30; thence N 58°31'12" E, 455.67 feet; thence N. 0°13'19" W, 122.00 feet to a point on the southerly right of way line of County Road #251; thence ( along said right of way) along a curve to the right having a central angle of 14°54'51", a radius of 165.02 feet; an arc length of 42.95 feetand of which the chord bears S 82°46'34" W, 42.83 feet; thence (continuing along said right of way line) N 89°46'00" W, 346.81 feet to a point on the west line of the SW14SE1/4 of Section 19; thence S. 0°21'43" W, 20.98 feet along said west line to the point of beginning. Containing 2.114 acres, more or less. Tract B: A parcel of land lying in the SW, SES of Section 19, Township 5 South, Range 92 West of the 6th Principal Meridian, Garfield County, Colorado more particularly described as follows: Beginning at the Southeast Corner of the SWI4SE1/4 of said Section 19: thence. N 0°05'29" W, 382.57 feet to a point on the southerly right of way line of.. County Road ##251; thence along said southerly right of way line the following fifteen courses: Along a curve to the left having a central angle of. 13°48'50", a redius of 100.00 feet, an arc length of 24.11 feet and of which the chord bears S 67°10'25" W, 24.05 feet,; thence S 60°16'00" W, 38.40 feet; thence along a curve to the right having a central angle of 42°59'00", a radius of 130.00 feet; an arc length of 97.53 feet and of which the chord bears S 81°45'30"W, 95.26 feet; thence N. 76°45'00" W, 21.67 feet; thence along. a curve to the left having a central angle of 55°07'00",. a radius of 55.00 feet, an arc length of 52.91 feet and of which the chord bears S. 75°41'30". W, 50.89 feet; thence S 48°08'00" W, 52.21 feet; thence along.. a curve to the right having a central angle of 8°36'00", a radius of 114.57 feet an arc length of 17.20 feet and of which the chord bears 8 72°20'00".`_ W, 17.18 feet; thence S 68°0.2'00", a radius of 60..00 feet, an arc length::. of 60.70 feet and of which the chord bears N 82°59'00" W, 58.15 feet; thence N 54°00'00" W. 181.06 feet; thence S 37°18'00" W, 241.73 feet: thence`. along a curve to the right having a central angle of 33°.14'00" , a radius. of 60.00 feet, an arc length of 34.80 feet ;and of which the chord bears S 53°55'00" W, 34.32 feet; thence S 70°32'00" W, 35.32 feet; thence along a curve to the right having a radius of 165..02 feet, an arc length of BOOK J PAGE 68A Tract ;C. A "parcel of land lying: in. the SW1/4SEt of Section 19 and in the, . . NW�NE1/4 of Section 30,Township p 5 South, Range 92 West of ..the Principal Meridian, ` Garfield : County, ,,Colorado,being more particularly, described as follows: g g Be ronin at the Northeast Corner of said Section 30: thence N $9°33'` 39" W, 865.86 feet; thence N 0°13'19" W, 58.09 feet to a point on the Southerly right of way.. line of County Road ##251; thence (along said right of way) along a curve to the left having a central angle of 23° 22'08", a radius of 165.02 feet, an arc length of 67.31 feet and of which the chord bears S 63°38'05" W, 66.84 feet; thence S. 0°13'19" E 122.00 feet' thence S 58°31'12" W, 455:67 feet to a point onthe west line of the NWI4NE1/4 of. Section 30; thence S 0°13'19" E, 983.08 feet along said west line to the Southwest Corner of the NWINE14 of Section 30, thence S 89°41'29" E, 1314.97 feet along the south line of said NW1NW4 to the Southeast corner of said NW1/4NE1/4 of Section 30; thence N 0°12'14" W, 1315.07 feet along the east line of said NW101E' to the point of. beginning. Containing 37.886 acres, more or less. (in the State of Colorado and 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 impact created does not warrant a full 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 reason- able 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 regulationsof the State of Colorado and the.. County of Garfield, and should, therefore, be exempted from the definition of the terms "subdivison" 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 42 acre tract is hereby exempted from suchdefinitions 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 inthe form of suchsmaller tracts without further compliance with the aforesaid subdivi- sion statutes and regulations; provided, however, that this exemption is granted on the condition and with the express understanding and agreement of the Petitioners that no further exemptions be allowed on said tracts "A", "B", and "C", and that a copy on the instrument or instruments of conveyance when recorded shall be filed with this Resolution. ATTEST: THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO 1puty C rk or/ e Board By: of Countmpb-i-gsioners Garfield County, Colorado. Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: Larry Velasquez Aye Flaven J. Cerise Aye STATE OF COLORADO County of Garfield Eugene "Jim" Drinkhouse I� Aye Commissioners , 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: