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HomeMy WebLinkAbout6.0 Resolution 90-046RECORDED AT a3f ©'CLOCK 1 .M.ro ►Y 17 lyyU REC. •# 412664 MILDRED ALSDORF, COUNTY CLERK GARFIELD COUNTY, COLORADO STATE OF COLORADO ) )ss County of Garfield ) At a regular Commissioners for Garfield Commissioners' Meeting Room at Glenwood Springs on the 14th there were present: Marian I. Smith E.'C K 779 ntE315 meeting of the Board of County County, Colorado, held at the the Garfield County Courthouse in day of May A.D. is o , Arnold L. Mackley Elmer (Buckey) Arbaney 'Don DeFord Mildred Alsdorf Chuck Deschenes when the following proceedings, to -wit: , Commissioner Chairman , Commissioner , Commissioner , County Attorney , Clerk of the Board , County Administrator among others were had and done, RESOLUTION NO. 90-046 A RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE GARFIELD COUNTY SUBDIVISION REGULATIONS FOR DAVID TOMASETTI AND ROGER WILDE. WHEREAS, David Tomasetti and Roger Wilde 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 April 23, 1984, Section 8:00 through 8:60 and for the division of a 12.94 acre tract as described in Book 762, Page 327, as filed in the Office of the Clerk and Recorder of Garfield County, Colorado into three tracts of approximately 4.27 acres, 4.33 acres and 4.34 acres more or less, which proposed divided tracts are more practically described as follows: TRACT A: TRACT B: TRACT C: See attached legal description for Lot "A" See attached legal description for Lot "B" See attached legal description for Lot "C" (in the State of Colorado and the 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 division does not warrant further subdivision review, and WHEREAS, the Petitioners have demonstrated to the satisfaction of the Board of County Commissioners of Garfield County, Colorado, proof of a legal and adequate source of 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 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; BOOK 779 1E316 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado that the division of the above described tracts "A", "B" and "C" from the above described 12.94 acre tract is hereby exempted from such definitions and said tract may be divided into said tracts "A", "B" and "C" and may be conveyed in the form of such tracts "A", "B" and "C" all as is more fully described above; however, this exemption is granted on the condition and with the expressed understanding and agreement of the petitioner that no further exemption 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 Resolution. Dated this 14th day of May , A.D. 19910 ATTEST: GARFIELD COUNTY BOARD OF COMMISSIONERS GARFIELD COUNTY, COLORADO erk of the Board Chairman Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: hiarian i _ Smith Arnold 1, Mickley R1 mAr (R>>rkey) Arbaney STATE OF COLORADO County of Garfield Aye Aye Aye 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 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. LEGAL DESCRIPTIONS Lot A A tract of land situated in Lot 14 of Section 18, Township 7 South, Range 87 West of the 6th Principal Meridian, Garfield County, Colorado, lying southerly of the Northerly boundary line of said Section 18 and easterly of the Easterly right-of-way line of Garfield County Road No. 100 as built and in place, said tract of land being more particularly described as follows: Beginning at a point on the Northerly -boundary line of said Section 18 whence the Northeast Corner of said Section 18 beers N 89°55'36" E 2109.10 feet; thence South 494.21 feet; thence S 89°40'28" W 410.00 feet to a point on the Easterly right-of-way line of said County Road; thence along said County Road right-of-way line on the fo.ilowing,courses: N 02°48' W 280.14 feet; thence N 43°55' E 137.84 feet; thence N 20-1°15' E 128.47 feet to a point on the Norther- ly boundary line of said Section 18; thence .leaving said Easterly right-of-way line on a course bearing N 89°55'36" E for 275.34 feet along the Northerly boundary line of said Section 18 to the point of beginning, containing 4.34 acres more or less. Lot B • A -tract of land situated in Lot 14 of Section 18, Township 7 South, Range 87 West of the 6th Principal Meridian, Garfield County, Colorado, lying southerly of the Northerly boundary line of said -Section 18, and being more particularly described as follows: Beginning at a point on the Northerly boundary line of said Section 18, also being a point in the.center of a ditbh as built and in place, whence the Northeast Corner of said Section 18 bears'N.89°55'36" E 1726.29 feet; thence along said ditch centerline on the following courses: S 02°42'20" E 52.54 feet; thence S 02°38'34" W 211.60 feet; thence: S 04°20'05" E 229.27 feet; thence leaving said ditch centerline on a course bearing: S 89°40'28" W 392.87 feet; thence North 494.21 feet to a point on the Northerly boundary line of said Section 18; thence N 89° 55'36" E 382.81 feet along said Northerly boundary line to the point of beginning, containing . 4.33 acres more or less. • Lot C A tract of land situated in Lot 14 of Section 18, Township 7 South, Range 87 West of the 6th Principal Meridian, Garfield County, Colorado, lying southerly of the Northerly boundary line .of said Section 18,and being more particularly described as follows: .Beginning at a point on the Northerly boundary line of said Section 18 whence the Northeast Corner of said Section 18 bears N 89°55'36" E 1343.13 feet; thence S 01°08'53" W 490.99 feet; thence S 89°40'28" W 363.28 feet to a --point in the center, of a ditch as built and in place; thence along said ditch centerline on ttie fol1owfng courses: N 04°20'05" W 229.27 feet; thence N 02°38'34" E 211.60 feet; thence N 02°42'20" W 52.54 feet to a point on the•Northeriy boundary line of said Section 18; thence leaving said ditch centerline on a course bearing ' N'89°55'36'" E for 383.16 feet along the Northerly boundary line of said Section 18 to the point of beginning, containing 4.27 acroq more or 'e