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Home My WebLink About2.0 Resolution 81-160STATE OF COI,ORADO County of Garfield f" At a............f.99,Y1.3.f........ ...mee:ting oi the Boaro of county Commissioners for Garfield county, Colorado,n :Y{!i::::::::::::::::::T:,:T:br ::H;?;*;; ' "'" ?oth dav'r ....'.tri**{i{triii*.tlr+*= i ::ffi=ill "- .......9h9.rx]....{.:....5.g.s-g..,.....Q.gp.gIt............ , crerk or the Board when the follo*'ing proceedings, among others were had ald dcne, to-wit: RES0LUTTON NO. B1_160 I{HEREAS, Everett and Dorothy Turgoose have petitioned the Board of County Comrnissioners of Garfield County, Colorado, for an exemption from the definition ofthe terms "subdivision" and "subdivided land" under C.R.S. L973, 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 55.44 acretract described as follows: That parcel of land as described in Document No. 235894 as filed in the Office of the Clerk and Recorder of Garfield County, Colorado into 2 tracts of approx- imately 53.36 and 2.08 acres each, more or }ess, which proposed divided tract(s) are more particularl.y descrj-bed as follows: Tract A: A parcel of land being tn. 561-rSl.ly6EDo of Section 31, Township 5 South, Range 92 West of the Sixth Principal I'leridian, and situated in l-ot 2 of Section3, Township 6 South, Range 93 West of the Sixth Principal }feridian, all in Gar-field County, Colorado, lying i{ort}rerly of the Northerly right-cf-way fence line --of County Road No. 233 and Easterly of a fence line as no\^/ constructed and j-n place, said parcel of land is more fu11y described as follows: Beginning at a point on the torvnship line common to said Townships, whence the South Quarter Corner of said Section 31 bears: N.89o5B'57"I.I. 113.20 feet,(the North Quarter Corner of said Section 3 bears: S.89o43'44"w.399.28 feet from said South Quarter Corner); thence S.89"58'57"E. along said Tor,;rnship 1i-ne 556.48 feet to the Southu'est Corner of said SE%SW}4SE'.; thence N.00"08'56"E. 659.46 feet to the North\^resr Corner of said SEI-,.SW\fL.; thence N.Bg'59'11"8. 667.86 feet to the Northeast Corner of said SEkSwL<sEl4; thence S.00"00'34"E. 659.82 feet to the Southeast Corner of said SEkSWI4SE\; thence N.B9"5Br57"I{. along said township 1ine,407.36 feet to the Northeast Corner of said 7at 2; thence S.00'20'23"E. along the East line of said Lot 2, 1806.13 feet to a pointin said Coulty Road fence; thence 5.89"47'05'\{. 772.88 feet along sai-d County Road fence ; thence N.68"18 t 00"I.I. 487.7 9 feet; thence N. O0'45 ' OO'iE . l2O- 15 feet; thence N.66"24'07"W. 162.75 feet to a point in said Westerly fence; thence, along said fence 1lne, N.30o09'17"E. 84.31 feer; thence N.28"08t25"E.91.97 feex; thence N.22"49 '50"E. L37.30 feet; rhence N.19"36'57"E. 244.30 feet; thence N.24"41'17"E. 151.58 feet; thence N.19'40'16"E. 79.81 feet; rhence N.23'46'50"E. 50.64 feet; thence N.06"47'23"8. 42.03 feet to a point on the Westerly lower bank of the Raynard Ditch; thence along said loruer bank and fence line N.16"59124"1;tr.118.41 feet; thence N.12"29'34"E. 217.15 feet; thence N.23'30'14"E. 98.04 feet; thence N.27"Agt 05"E. L73.96 feet; thence N.08"10132"E. along sai.d fence, as projected 65.63 feet to thepoint of beginning, containing 53.35 acres, more or 1ess. SIIBJECT to power li.nes, telephone lines, pipe line and i-rrigation dj-tch easements and/or right-of-ways of record or as constructed and in p1ace. Tract B: A parcel of land si-tuated in the Southr^,est Corner of Lot 2 of Section 3, Township 6 South, Range 93 West of the Sixth Principal }leridian, Garfield County, Colorado, lying Northerly of the Northerly right-of-way fence line of County Road No. 233 and Easterly of a fence 1ine, both fence lines as nor{ constructed and in place, said parcel of land is more fu11y described as follows: Beginning at a point *-iT 1 rod (16.5 feer) and NoRTII r rocl (16.5 feet) from rheSouthwest corner of said Lot 2, whence the True closj-ng colrer for the NorthQuarEer corner of said section 3 bears: N.00"55r19"I^/. tgog.66 feet; thence N.00o45'00"E. 365.72 fe:t along said fence line; thence s.66"24'07,,E. 162.75 feet;thence s.00'45r00"w. 120.15 feet; thence s.68"18'00"E. 481.79 feet to a poinr insaid road fencel thence s.89"47'05'\^I. along said road fence, 600.00 feet to thepolnt of beginning, containing 2.Og acres, more or less. Together with a 10 foot utility and pipeline easement for a <lbmestic water wel1,lying 10 feet Southerly of the following described centerline. Beginling at apoint N.89"47'05"E. 150.00 feet and N.oo"4s'00"E. r7g.05 feet from the southeastcorner of the above described Parcel "B"; thence s.68'18'00',E. 481.79 feet to saidcounty road fence; and WHEREAS, the Petitioner(s) have demonstrated to the satisfaction of the Boarc] ofcounty cormnissioners of Garfield county, colorado, that the proposed division does notfa1l within the purPoses of ParE i, Article 28, Title 30, coiorado Revised sratures rg73,as amended, for the reason that the impact created does not warrant further subdivisionreview, and WHEREAS, the Petitioners have demonstrated to the satisfaction of the Board of countyCommissioners of Garfield County, colorado, that there is a reasonable probability oflocating domestic r'{ater on each of said tracts, that there is adequate i-ngress and egressto said tracts, that the location of septic tanks i.ri1l be permitted by the ColoradoDepartment of Healrh, that the requested division is not part or an existing or rargerdevelopment and does not fall within the general purposes and intent of the subd.ivisionregulations 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 setforth in C.R.S. 1973, 30-28-101 (10) (a)-(d), as amendeci;Now, THEREFORE, BE IT RESOLVED that the dlvision of the above described rractsttAtt, ttBt', from the above described 55.44 acre tract i.s hereby exempted from such definitionsand sai-d tract may be divided into tracts t'At', "8", all as is more fully described above,and said divided tract may be conveyed in the form of such smaller tracts without furthercompliance with the aforesaid subdivision statutes and regulations; provided, however,that this exemption is granted on the cond.ition and with the express understanding an6agreement of the Petitioner(s) that no further exemptions be aliowed on said tract(s)ttAtt, "Bt', and that a copy of the instrument or instruments of conveyance when record.edsha11 be filed with this Resolurion. BOARD OF COUNTY COI'MISSIONERS : 'l :i Upon motion duly made and seconded the foreqoing Resolution was adopted by the follovring vote:Larry Y.-91.e;.v.u.e.a._............... . ..................Aye"""F;r5veil J. 'Ce;i;e ::.:.:-{sssi}-e....:f :I-i.s.:: ...[iir.h.l]-"_uF.e...:.............. .... .........:......1;: Commissioners STATE OF COLORADO County of GarfielC l" in and for the county and state aforesaid do hereby certify that the annexed and foregoing order is truly copied from the Records oI the Proceedi.-.gs of tLe Board of County Cornmissiorrers for saici Garfield counry, now ul my oitrce., 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. GARFIEL ATTEST: Deputy Clerk o/ the of County Coumis Garfield County, Co