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Home My WebLink About3.0 Resolution 80-24Reoorae' .904 Recept4:07.1 !J: .. iliildl �{� 1�i8G'JT�� Re'cordeE• 2_ STATE OF: COLORADO - - - County .of Garfield- Ata regular`. } held at the Court House in. Glenwood Springs on February •.80 A. D. 19_ Richard: C. _Jolley Larry Velasquez Flaven J. Cerise Arthur A. 'Abplanalp, Jr.. Nancy Sprick Page,- Deputy meetnng of the: Board of County Commissioners for Garfield Cour ty, Color: Tuesday1:9th • _ 4 :.. , .the: dal , there .were present: when the following proceedings, among others were had and done; to -wit: -Commissioner Chairman _-- , Commissioner , Commissioner... _ , County Attorney. , Clerkof the Board o RESOLUTION NO. 80724 - RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM:THE GARFIELD-COUNTY'SUBDI.VISIO REGULATIONS WHEREAS, Kenneth. and Irene Saueressig 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 div. " sion of a 57.3 acre tract described as follows: that parcel of land as described in Document No. 176159 as filed in the Office of the: Clerk and Recorder of "- Garfield: County, Colorado into 4 tracts of approximately 3.8, 10.4, 14 4, -and 28.7acres each, more or less, which proposed divided tracts... are. more particularly described as follows: Tract A Commencing at the Northeast corner of the SEQ of said Section_16, thence S.88°41'15" W. along the North line of theSE4 a distance of 2096.77-- _ feet to the centerline of County Road 226 and the true' point of beginning, thence N.88°41'15" E. 440.07 feet to the centerline of West Elk Creek, - thence along the centerline of said =creek =the following eight courses and_ distances: S.39022114" E. 121,19 feet, thence S..77°15'47"E. 68.35 feet,., thence S.20°42'13" E. 261.13 feet, thence N.-79°53'43' E. 118.66: -feet, thence S 22°04'05" E.209.34 feet, thence S 48°22'37" E. 181.58` feet, thence S_06°34'28" W. 46.90 feet, thence S.39°11'34 E. 260.58'feet=to the centerline of County Road 245, thencealong the centerline County Road 245. S.32°15'17" W..435.76 feet to the centerline intersection :with County Road 226, thence along the centerline of said County- Road_ 226,.'N 47038114" W 120.01 feet, thence along the arc of a curve to the right, havinQ a central angle of 25°31'40 and a radius of:525.00 feet, a distance of -233.91 feet,' thence" N. 22°06''34 W. 496.27feetA thence along the arc of a curve to the left having a central angle of 2937'36"and a radius of 650.00 feet, a 9 distance of 336.07 feet, thence N.51°43'59" W. 415.32 feet to the true point of beginning. Said tract or parcel contains 10 4262 acres 'and:: being subject to County Road -right-of-way for County Road 245: and. 226: - Tract B: Commencing at the Northeast corner of the SEn of said' Section T6., thence S.88°41'15 W. along the North line of the SE4 of said Section 16 a - distance of 1656.70 feet to the centerline of West Elk Creek known as the - courses and distance: S.39°22'14" E. 121.1.9 -feet, thence -S 7the following true point of beginning thence along the centerline_ of. said creek _eight7015' 47" E 68.-35 feet, thence S„20°42 '13" E. 261 13 feet, thence N.79°53'43" E. 118:66 feet,, thence S.22°04'05" E. 209.34 feet, thence :S.48°2237". E.._181 .58 feet, thence. , S.06°34'28". W. 46.9Q feet, thence S.39°1:1'-34" E._ 260.68 feet to the centerline_ of County Road .245,- thence along the centerline of said County Road. 245 along'. the arc of a curve to the left having 'a central 'angle of 65037."01-"-, a: radius of 263.59 feet and :a di stance of `301..88` feet, thence N.33°21 '43". W 1-56,„.25: :'.. feet; "thence..N.42°28'12"W. 190.65 feet, thence :N:46909'41"_41 1.87 18 thence N.37°42'09" W. 269.59 feet to a, point on the: -North -line of the.SEy of said Section 16, thence S.8894115" 15" W. 208.85 feet to the rue_ point "of beginnin Said -tract or parcel contains 3.8029"acres and being subject tor" County Road right-of-way' for _County ;Road_.245. Tract C: Commencing at the Northeast corner of the SES of. said Section 16, thence. 5.00°59'57" E. along the East line, of- the-SEQ.:of said -Section 16 a distance of 2035.28 feet to the centerline of County Road 226, also known as the true point of beginning thence along the '• centerline of saidCounty Road 226 N.61°25'15" W. 956.71 feet, thence along the arc of a curve to the right,` apoK :544 P cE233 having ;a central angle- of 11 04'54:', a radius of 875:00 fe•et, and a distance of 169.24 feet,; thence -N:50020120" W 283`:'00 'feet to a .point where: centerline• of. County 'Road'226 ,and centerline o.f County , Road 245 .:Entersect,- thence- along . sai d: centerline: County Road 245 N: 32°15'_ 17" .E . 435.76 feet to an -:intersection - poi ntt'of the centerl i ne- of County :Road 245 and centerline of West` Elk Creek, thence along centerline of said creek the following ei ght courses and distances`: S.67°59'00" E.-174.16 feet, thence S.37°02'05" E.`296.69 -feet, thence N.64°24'17" -E:.' 122.72.feet,. thence S.55°35'21_".E. 210.37 feet, thence N 45°.08'14 E 143.15 feet,. thence S.42°20-'29" E. 76.94 feet, thence S.89037106" E. 91.55 feet, thence S. 25°16'35"-E: 200.72 feet_ to a, point on the East line of SE4 of said =-Secti:on 16,- thence S:00°59157 E. .595:67 feet -to, the true point of beginning. Said=tract or parcel' contains 14.4845 acres and being subject: to County Road right-of-way.. for`County Road 226 and ,County Road 245: Tract 0: Commencing at the .Northeastcorner of the SE', of said Section 16 also known as the point of beginning thence S. 00°59'57." E 1439.61 feet along the East line . of the SEi of said Section 16 to the centerline of test Elk Creek, thence along the centerline of said creek the following eight courses and distances: N.25°16'35" W. 200.72 feet, N.89°37'06" W.-91.55 feet, thence. N.42°20'29" W. 76.94 feet, thence S.45°08'14" W. 143.15 feet, thence N.55°35'21" W. 210.37 feet, thence S.64°24'17" W. 122.72 feet, thence N.37°02'05 W.: 296.59 feet; thence N.67°59100" W. 374.16 feet to the centerline of County Road 245,. thence along the centerline of said County Road 245 along. the arc of a curve to the left, having a central angle of- 65037'01", a radius ---.. of 263.59 feet, and a distance of 301.88 feet, thence M.33°21'43" W. 155.86, feet, thence N.42°28'12" W. 190:65 feet, thence N.46009'41" W. 187.18 feet, thence N.37°42109" W. 269.59 feet to a point on the North line of the 5E%, of said Section 16, thence N.88°41'15" E. 1447.85 feet to .the true point of beginning. Said tract or parcel contains 28:7195 acres and being subject to County Road right-of-way for County Road 245. Tract "A"., "B", "C" and" D" are located in the State of Colorado and County of Garfield; and. WHEREAS, the Petitioners' have demonstrated to the satisfaction of the Board of County Commi-ssioners of Garfield County, Colorado, that the proposed division doe not fall within the purposes of Part 1, Article 28, Title 30, Colorado Revised as for the reason that the impact created is not large enougheto:pthrough the full subdivision review; and proceed9 WHEREAS., the Petitioners have demonstrated to the: satisfaction of the Board of - County Commissioners of Garfield County, Colorado, that there is a reasonable pro- bability of_ locating domestic water on each of said tracts, that there is adequate ingress and egress to said tracts, that the locationof septic tanks will be permit- ted 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 "sub- division" and "subdivided land" as set forth in C.R.S.1973, 30-28-101 (10) (a) -(d), as amended; BOOK .544 . PA 3E234 NOW, T..HEREFORE,• BE -IT RESOLVED that the division of the above described. tracts "A".,= "B"';: "C" and "D" from the above described_ 57.3 acre tract is hereby exempted:from `such definitions and said tract may: be divided: into-. tracts.. "A"', _ "B", ".G" 'and ""D", :all as i 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 subdivis>ron statutes and regulations, provi:ded,,;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 of the instrument or.instruments of conveyance when recorded shall be filed with this BOARD OF COMMISSIONERS' ATTEST: GARFIELDCOUNTY,; COLORADO ty C `• rk' pfthe:13o.444 d Choi rman' Upon motion duly made and secogelthe fpregoing, Ike olution was adopted by the .following vote: •'chard .C: uoa i ey Aye Larry Velasquez .: Aye Flaven J:`Cerise Aye Commissioners ::STATE_OF. COLORADO County of Garfield_ _• I, , County Clerk and ex -officio Clerk of the Board of County Commissioners d_for, the county and State aforesaid do 1iereby certify that the annexed and foregoing Order: is truly copied from the Records of h� Proceedings of• the Board of CountyCommissioners. for said Garfield _County, now in myOffice; • •, WITNESS:WHEREOF, I: have hereuntoset :myhand and affixed the seal of said ..County,. at Glenwood Springs,... day of ` A. D. 19 County Clerk and ex -officio Clerk of the Board of County Commissioners.: