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Home My WebLink About3.0 Resolution 82-21' STATE OF'COLORADO Cor-ny of Garfield regular bo9Y. 590 A GE959 Recorded at 10:140 .. o'.clock. pt.. Rt.JAN 1`9 1982 Reception No. ' j23[49 9 MILDRED ALSDORF, RECORDER meeting of the Board of County Commissioners for. Garfield County, Colorado, Monday the...15 th day of anuary A. D: 19 82 ' there were present: • E�aven':J:: Cerise: . Id at the Court House in Glenwood Springs on .Eugene:Drinkhouse Commissioner Chairman: , Commissioner Larry Velasquez Commissioner Ear 1 Rho de s- _ County Attorney . Leanne;'Clelanc�; . DeRuty ;. Clerk of the Board when the following proceedings, among others wee.had.and done, to wit:::;; RESOLUTION NO. -82-21 A RESOLUTION CONCERNED'. WITH GRANTING AN EXEMPTION FROM FROM, THE GARFIELD COUNTY SUBDIVISION. REGULATIONS FOR Anvil Points Properties Ltd. WHEREAS, Anvil Points Properties, Ltd. has petitioned the Board of County Commissioners of Garfield County, Colorado, ;foran exemption from the definition :. of the terms "subdivision" and "subdivided land" under C.R.S. ;` 1973, 30-28-101 (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_622 acre tract' described' as follows:- that parcel of land as described in Document No. 273869:as:-filed in the Office of the Clerk and Recorder of Garfield County, Colorado into 2 tracts of approximately 10 and 612 acres each, more or less, which proposeddivided tracts are more particularly described': as follows: TRACT A: That portion of the East One-half of Section. 25,.Township•6 South, Range :'95-.West;of the Sixth Principal Meridian, and .that portion of: the::West.:One-Half of Sectionp 6 South,; Range 94 West,.: of'the .-Sixth. Principal'Meridian, Garfield County, -Colorado, described as'.foilows: Considering the East line of. the Northeast Quarter of Section .25 -as. bearing South. 01°03'00':'East; and with all bearings contained herein relative thereto: Beginning at the Northeast corner of said Section. 25, as monumented with a brass cap;: thence along said East line of the Northeast Quarter of Section 25 South 0°03'00' East. 2308.42:: feet to the. Southerly right of way line of the Denver and Rio Grande Western Railroad and the TRTJE POINT OF BEGINNING; thence along said railroad right of way line North 54°26'38" East 809.11 feet; thence. leaving said' railroad right of way South 35°33'22" East 261.19 feet; thence South. 42°09'50" West 162.12 feet; thence South 60°57'05" West 217.26• feet;. thence South 47°30'43" West 239.85 feet; thence South 43°33'29"_ West 799.98 feet to the Easterly right of way line of the Rulison Interchange. of Interstate: Highway 70; thence along said right of way line North 17°45'.08" West 473.77 feet to said Southerly right of way line of the Denver and Rio Grande Western Railroad; thence along said right of way line North54°26'38" East 443.98 feet to the TRUE POINT OF BEGINNING. Containing 10 acres, more or less. Reserving to the grantor a non-exclusive 40.00 foot, access easement, appurtenant to all contiguous property of grantor, said easement. being adjacent to and Southerly and Easterly of the Northerly and Westerly lines of the above described 10 acre parcel, and being described as follows: Beginning at said Northeast corner of Section 25; thence along said East line of the Northeast Quarter of Section 25 South 01°03'00" East 2308.42 feet to the. Southerly right of way line of the Denver and Rio Grande Western Railroad and the TRUE POINT OF BEGINNING; thence. along said railroad right of way line North 54°26'38" East 809.11 feet; thence leaving said railroad right of way line South 35°33'22" East 40.00 feet; thence parallel with said railroad right of way South 54°26'38" West 1209.34 feet to the beginning of a curve concave to the,Southeasi, having a` central angle of 72°11'46" and a radius of 20.00 feet; thence .Southwesterly along the arc of said curve 25.20 feet to a line which is parallel with and 40.00 feet (measured at right angles) Easterly from the .Easterly right of way line of the Rulison Interchange of Interstate Highway 70; thence along said parallel line South 17°45'08" East 4.08'..14 feet to the. Easterly line of the above described 10 acre parcel Of land; thence along said Southerly line South 43°33'29" West 45.60 feet to said Easterly right of way line of the Rulison Interchange; thence Boos 144E960 along said Easterly right of way North 17°45'08".West. 473'.77:.feet to said right of way line of the Denver -and Rio Grande Western Railroad;. thence along said right;:: of way :line" North::54°26'38" F±st '443 98"'feet.. to the TRUE POINT OF BEGINNING Together with all right` :and. interest of the..party ofthe:first.part:" ' in Colorado Permit to Constructa.Weil, No '122830 TRACT B:.. The. remaining 612 acres. (in the State of .Colorado and County of Garfield); and WHEREAS, the Petitioner has demonstrated to the satisfaction of the Board of County Coimnissioners of Garfield County, Colorado, that the proposed division does not fall within thepurposes of Part 1, Article 28, Title 309 Colorado Revised Statutes 1973.,: as amended, for the reason that the impact created does not warrant further subdivision review, and WHEREAS,: the Petitioner has demonstrated to the satisfaction of the Board of County Coinnassioners of Garfield County, Coloardo, that_ there is a reasonable probability of locating domestic water on each of said 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" 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" and''"WI from the above described 622 acre tract is hereby exempted from :such definitions and said tract nay be divided into tracts "A" and "B",. 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 subdivision statutes and regulations; provided., however, that this exemption .is granted on the condition and with the express understanding and agreement" of the Petitioner that no further exemptions be allowed on"said tracts "A" and "B",. and that a copy of the instrument or instruments of conveyance when recorded shallbefiled with. this Resolution. ATTEST: D-puty Clerk of the Board Upon motion duly STATE OF COLORADO County of Garfield BOARD OF COUNTY COMMISSIONERS GARFIELD COUNTY", COLORADO e and seconded the foregoing Resolution was adopted by the following vote: aven J. Cerise Aye Aye Aye Eugene Drinkhouse Larry Velasquez I� Commissioners 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 Commissionersfor 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.