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Home My WebLink About4.0 Resolution 83-51STATE OF COLORADO County of Garfield At a negular Commissioners for Garfield County Annex in Glenwooci Springs on of March meeting of , CoIorado, Monday Board of County at the Commissioners the 14th day the held ,A.D. t-9 63 , there v/ere present: Eugene'rJimll Drinkhouse , Commissioner Chairman , Commissioner , Commissioner , County Attorney , C1erk of the Board Larry Velaseuez Plaven J. Cerlse Earl Rhodes Mildred Alsdorf when the following proceedings, among others were had and Cone, to-wit: Resolution No. 83-51 A RESOLUTION CONCERNED WITH AN EX},IVIPT'ION I'ROI'I FULL SUBDIVISION REVIEW FOR ALLEN AND ELAINE SUNDMACHER. WHEREAS, Al1en ano Elaine Sundmacher have petitioned the Board of County Commissioners of Garfield County, Colorado, for an exemption from the definition of the terms "suboivision" and "subdivioed lano" under C.R.S. L973, 30-28-101 (10) (a)-(d), as amended, and the Suboivision Regulations of Garfield County, Colorado, adopted January 2, L979, Sections 2.02.21 (d) and 3.02.01 for the division of a 5I.06 acre tract describeci as follows: that parcel of land as oescribed in Document No. 293356 as filed in the Offi.ce of the Clerk and Recorder of Garfield County, Colorado into 2 tracts of approximately 42.53 and 8.53 acres each, more or less, which proposed ciivided tracts are more particularly described as follows: TRACT A: A parcel of land situated in Section :.-2, Township 6 South, Range 92 tlest ot the Cti: Princ:.5:a1- t'ierl.dian, Garf:e1i: Co.;nti', Ccloraio, more particulariy uescr ibed as foliows: Commencing at an iion post and brass cap properly marked and found in place for the North Quarter Corner of Section 7, Township 6 Qouth, Range 91 West of the 6th Principal Meridian, thence S.57o21'39"w. 7128.11 feet to a point on the-North right-of-way of County Road hlo. 335, the True Point of Beginning; (rvhence the East Quarter Corner of said Section 7, a rockproperly markeo ano founo in placer bears I'r.81"33'20"8. 87OO.4Lfeet); thence N.11" 29'L0"W. along a line running 5.OO feet easterly of the centerline of an existrng water pipeline, 288.07 feet to a point in an existing fence line; thence N.81"32'3OuE. along said fence 274.55 feet; thence N.26"11'04"ii. along said fence 24.23 feet; thence I.i.80c 3O'25"E. along said fence 114.03 feet; thence leaving saici fence N.03"43'38"W. 320.17 feet to the headgate oi an existing ditch on the south bank of the ColoradoRiver; thence I'1.77"24'31"8. 529.86 f eet to the centerline of the Colorado River; thence N.81oI4'10"E. along said centerline 684.18feet; thence leaving sald centerline S.08445'50"8. 160.55 feet to a point of intersection with the centerline of a gulch; thence leaving said south banl< S.13052'34"E. along saicl centerline of gulch , 174.3L f eet; tLrence S.48" 03'12"Ij. along said centerline 12I.91 feet; thence 5.27" 56'41"8. along said centerline i 448.28feet; thence S.01o 52'47"8. along saio centerline 4A3.72 feet; thence S.11o 26'42"1,t. along said centerline 266.41 feet; thence S.00o 12'39"8. along sairl centerline 92.4? feet to a poi.nt on the ncrttr right-of -way of County Roao No. 335; thence I'J. 83" 28'24"v1.' along said north right-ot-way 14I.16 feet; tl'rence along said north rigttt-of-way along a curve to the rrgllt, having a central angle of 2Io 33'26" and radius of 83B.83 feet, a clistance of 315.61 feet (chord bears N.72" 4l'40"v,i. 313.75 f eeL) ; thence alongsaid north right-of-way N.610 54'57"W. 153.62 leet; thencer along said rrorth right-of-v/ay along a curve to the left, having a centr.al angle of 02o:l 4'38" ar,d radius of Ll4l-.22 feet, a l - ._.: - distance of 44.70 feet (chord bears N.63"02'18'w. 44.69 feet); thence along saici north right-of-way N.64'09'36"w. 523.7L fEt*; thence along said north right-of-way along a curve to the left, having a central angle of 05'20'57" and radius of 1054.62 feet, a distance of 98.46 feet (chorC bears N.66"50'04"w. 98.42 feet); thence along said north right-of-way N.69o30'32"w. 2A7.37 feet; thence along said north right-of-way along a curve to the left, having a central angle of 18"29'59" ano radius of 5I3.99 feet, adistance of 198.24 feet (chord bears N.78"45'3I"w. 197.38 feet); thence along said north right-of -\"ray N.8B"O0'32"w. L29.75 feet; thence along saici north right-of-way along a curve to the right,having a central angle of 51o37'03" ano radius of 185.79 feet, adistance of 167.38 feet (chord bears N-62o1Ir59"w- 151.77 feet)to the True of Point of Bggrnnlrg-i containing 42.53 acres, moreorlessF Together with the following easement: A 20.00 foot access easement lying 10 feet to either side of acenterline described as follows: Commencing at saio North Quarter Corner of Section 7; thence S.59" 55'41"W. 7OI3.60 feet to the True Point of Beqinning; thence N.83"39'55"8. 406.16 feet to the w ve describedparcel, the Terminus. Subject to any easements or rights-of-way for existing power transmission lines across the parcel described above. TRACT B: A parcel of land situated in Section L2, Township 6 South, Range 92 West of the 6th Principal lterioian, County of Garfield, Stateof Coloraoo, more particularly described as follows: Commencing at an iron post and brass cap properly marked andfound in place for the North Quarter Corner of Section 7, T ownship 6 South, kanoe 91 West of the 6th Pr:r neir:al ivieridian, thence S.59" 33'04"'tv. 7029.29 feet to a point on an existing fence1inetheTruePoi@;thenceN.1I"29'1o,'w.a1ongaline runn of the centerline of an exiitingwater pipeline, 522.35 feet to a point on the south bank of the Colorado River; thence N.15o59'31"8. 278.03 feet to a point onthe centerline of said Colorado River; thence 5.74" OOr29"E. alongsaid centerline 955.43 feet; thence leaving said centerline 5.77" 24r31"W. 529.86 feet to the headgate of an existing ditch on thesouth bank of said river; thence S.03o43'38"E. 320.17 feet to anexisting fence line; thence S.80"30'25"w. along said fence 114.03feet; thence S.26"11'04"w. along said fence 24.23 feet; thence S.81u32'30"W. along saio fence 274.55 feet to the True Point ofBeginning; containing 8.53 acres, more or less Together with and subject to the following easements: (1) A 20 foot access easement lying I0.00 feet to either side ofa centerline described as follows: Commencing at said North Quarter Corner of Section 7 i thence S.60'55'22"W.6505.89 feet to the headgate of an existing dithc, theTrue Point of Beginning; thence S.3Io 47'31"W. 208.56 feet; thencet to the Terminus. (2) A 2A foot access easement lying I0.00 feet to either side ofa centerline described as follows: Commencing at said North Quarter Corner of Section i i thence 9.59o55I4I"W. 7013.60 feet to a point on the westeriy line of the above described parcel, the True Point ol Agg:.n-!_l_iq ;- thence N.83o39'55"Ei. 406.16 feet to a po of che above clescr ibed parcel, the I'erminus. ( 3) A 20 foot ditch easement lyirrg 10.00 f eet to either sioe ofthe centerline of an existing ditch described as follows: Commencing at said Noith Quarter Corner of Section 7 i thence S.60" 55'22"W. 6505.89 feet to the headgate of said ditch on the south bank of the Colorad+-Rj.ver, the-True Pojnt of Beginninq;-thence N.890 o3'I0"W. 456.88 feet to the bove described parcel, t,he Terminus. (4) Any easements or rights-of-way for existing Po$rer transmission Iines across the parcel described above. (in the State of Coloraoo and County of Garfield); and VIHEREAS, 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, fi-t1e 30, Colorado Revised Statutes 1973r ds amended, for the reason that the impact created does not warrant further suboivision reviewr dDd WHEREAS, the Petitioners have demonstrated to the satisfaction of the Board of County Commissioners of Garfielo County, Colorado, that there is a reasonable piobability of locating oomestic water on each of said tracts, that there is adequate ingress and egress to said tracts, that the location of septic tanks wiff be permitteo by the Colorado Department of Health, that the requested division is not part of an existing or larger oevelopment and doeJ not faIl within the general purposes and intent of the su[aivision regulations of the State of Colorado and the County of Garfielor dDd should, therefore, be exempted from the oefinition of the terms "subdivision" and "subdivided land" as set forth in C.R.S. L973, 30-28-101 (10) (a) -(d) , as amended; NOW, THEREFORE, BE IT RESOLVED that the ciivision of the above described tracts rrArr and rrBrr from the above 51.06 acre tract is hereby exempted from such definitions and said tract may be divided into tracts ,'A:' and "B", aII as is more fully describeci above, and saio divided tract lray be conveyed in the form of such smaller tracts without further ccmptiance ,itf, the aforesaici suboivisron statutes ano regulations; proviCeaT lrrw€Ve f 7 that this e::::.;'-::n is granted on the '-ondition and *itf, the express understanding and agreement of the Petitioners that no further exemptions be allowed oh said tracts rrArr and "B", and that a coPy of the instrument or instruments of conveyance when recorded sha1l be filed with this Resolution. ATTEST:BOARD OF COUNTY GARFIELD COUNTY, COMIqISS IONERS