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Home My WebLink About3.0 Resolution 80-103Recorded at - o'clock M. ';UN 10 1980 Reception No. 3 r4CA_G MIILDRED ALSDORF, RECORDER STATE OF COLORADO BOOK 549 PoE92`f _ i ss. County of Garfield At a .......reg O.ar.. ..................................... ..meeting of the Board of County Commissioners for Garfield County, Colorado, M held at the Court House in Glenwood Springs on....................!n Ay , the .......9th..... ............day of i ........................ Un.e...... ......A. D. 19...80......, there were present Richard C . ....11 e y ......, Commissioner Chairman ........................... LarrY....�el asquez........................ Commissioner Flaven J. Cerise .................. . Commissioner Arthur A.. Abpl..ana...p.,..�r. , County Attorney .. Nancy 8pri ck page, beputy ..... , Clerk of the Board when the following proceedings, among others were had and done, to -wit: j J i RESOLUTION NO. 80-103 -i RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE GARFIELD COUNTY SUBDIVISION REGULATIONS FOR JOYCE VAN EVERY WHEREAS, Joyce Van Every has 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 division of a 60.0 acre tract described as follows: the SUEi,�NE'.: and the NE';iSEi of Section 24, T.6S., R.92 W. of the 6th P.M. into 4 tracts of approximately 23.43, 13.24, 15.78, and 4.18 acres each, more or less, which proposed divided tracts are more - particularly described as follows: Tract A: A parcel of land situated in the NEI.;SE'- of Section 24, Township 6 South, Range 92 West of the Sixth Principal Meridian, - Garfield County, Colorado, lying westerly of the westerly right of -way line of County Road No. 311, said Parcel No. 1 is more fully described as follows: Beginning at a point on said right-of-way line, also Leing the Southeast Corner or Parcel No. 4, whence the re-established East Quarter Corner of said Section 24 bears: ii.54025'44"E. 509.61 feet; thence, along said right -of -.Jay line, 5.2205115" E. 343.73 feet; Thence 86.16 feet along the arc of a curve to the left, having a radius of 500.00 feet, the chord of which bears: S.270 47'26"E. 86.05 feet; thence S.32043'37"E., 128.31 feet; thence 250.03 feet along the arc of a curve to the right having a radius of 375.00 feet, the chord of which bears: S.13037'35"E. 2,15.42 feet;_ thence S.05028'2714. 279.63 feet to a point ori the South - line of said NE':,SE'_;; thence, leaving said right -of -v line, S.89007' 21 "W'. along the Southerly line of said NE•.:SE'.,; i`168.56 feet to the Southwest Corner of said NEI. -SE',; thence 1,1.n0,02/1" JJ"t•!. along the Westerly 1 ine of said idE'.;SE'.;; 797.25 feet to the Southwest Corner of Parcel No. 2; thence N.75010'00"E. 931.01 feet to the point of beginning. The above described Parcel No. 1 contains 23.43 acres, more or less. Tract B: A parcel of land situated in the I,E'.;SE'.i and S'_SE'.:NE': of Section 24, Township 6 South, Range 92 blest of the Sixth Principal Meridian, Garfield County, Colorado, lying westerly of the Center- line of Divide Creek, Westerly of the Nesterly ri aht-of-wav line of County Road Ido. 311 and Southerly of the Northerly line of the S'�SE'.;NE'.: of said Section 24, said Parcel No. 2 is more fully des- cribed as follows: Beginning at the intersection of said rinht-of-wav line and said Northerly line; whence the rs-established East Quarter r^rner of said Section 24 bears: S.46 42'46"E. 941.65 feet; then..e, 452.20 feet along the arc of a curve to the left on said richt-of-•ray line, having a radius of 468.054 feet, the chord of %%rhich bears: 5.010 5610311E. 434.82 feet to the Northeast corner of Parcel No. 4; thence N.83000'0014. 112.00 feet, more or less to said centerline creek; thence, more or less along said centerline creek, 5.34000'00"E. 50.00 feet; thence S.18038'10"E. 56.95 feet; thence SOUTH 60.00 feet; thence S.50021'30"W. 132.65 feet, thence S.40045'47"W. 142.07 feet; thence S.11048'30"E. 129.73 feet; thence S.07023'37"W. 151.59 feet; thence S.04035'35"E. 30.45 feet to the Southwest corner of Parcel Tract C: A parcel of land situated in the NESE,, and S-26E1NE, of Section 24, Township 6 South, Range 92 West of the Sixth Principal Meridian, Garfield County, Colorado, lying Easterly of the Easterly right-of-way line of County Road No. 311 said Parcel No. 3 is more fully described as follows: Beginning at the re-established East Quarter Corner of said Section 24; thence S.00021'11"E. along the East line of said Section' 24, 1311.88 feet to the Southeast Corner of said NE'-nSEI,; thence S.89007'21"W. along the South line of said NEnSE14, 88.11 feet to a point on said right-of-way line; thence, along said right-of-way line, N.05028'27"E. 272.95 feet; thence 290.03 feet along the arc of a curve to the left, having a radius of 435.00 feet, the chord of which bears: N.13037'35"W. 284.69 feet; thence N.32043'37"W. 128.31 feet; thence 75.82 feet along the arc of a curve to the right, having - a radius of 440.00 feet, the chord of which bears: N.27047'26"14. 75.72 feet; thence N.22051'15"W. 343.73 feet; thence 107.01 feet along the arc of a curve to the left, having a radius of 900.976 -_- feet, the chord of which bears: N.26015'24"W. 106.95 feet; thence N.29039'33"W. 273.33 feet; thence 83.24 feet along the arc of a curve to the right, having a radius of 362.246 feet, the chord of which bears: N.23004'34"W. 83.06 feet; thence 113.30 feet along the arc of a curve to the left, having a radius of 494.851 feet, the chord of which bears: N.23003'09"W. 113.05 feet; thence 424.89 feet along the arc of a curve to the right having a radius of 408.054 feet the chord of which bears: N.00013'06"E. 405.96 feet to a point on the North line of said SZSEIaNEn; thence leaving said right-of-way line, N.89008'10"E. along the North line of said S-2SE'AE'a, 613.09 feet to the Northeast corner of said SZSE'MI-a; thence S.00021'11"E. along the East line of said Section 24, 655.94 feet to the point of beginning. The above described Parcel No. 3 contains 15.78 acres, more or less. Tract D: A parcel of land situated in the NEI.,SE'-a and S=2SE'-:;NE'.i of Section 24, Township 6 South, Range 92 West of the Sixth Princi- pal Meridian, Garfield County, Colorado, lying Westerly of the Westerly right-of-way line of County Road No. 311 and Easterly of the Centerline of Divide Creek, said Parcel No. 4 is more fully described as follows: Beginning at a point on said right-of-way line; whence the re- established East Quarter Corner of said Section 24 bears: N.540 25'44"E. 509.61 feet; thence S.75010'00"W; 524.16 feet to a point in said centerline creek, also being the Southeast Corner of Parcel No. 2; thence, along said centerline creek, N.04035'35"W. 30.45 feet; thence N.07023'37"E. 151.59 feet; thence N.11048'3014. 129.78 feet; thence N.40045`47"E. 142.07 feet: thence N.50 021'30"E. 132.65 feet; thence NORTH 60.00 feet; thence N.18038'10"W. 56.95 feet; thence N.34000'00"W. 50.00 feet; thence, leaving said centerline creek, S.83000'00"E. 112.00 feet to a point on said right-of-way line; thence, along said right-of-way line, 99.56 feet along the arc of a curve to the right, having a radius of 434.851 feet, the chord of which bears: S.23003'09"E. 99.34 feet; thence 97.03 feet along the arc of a curve to the left, having a radius of 422.246 feet, the chord of which bears: S.230 04'34"E. 96.81 feet; thence S.2.9o39'33"E. 273.33 feet; thence 99.88 feet along the arc of a curve 'to the right, having a radius of 840.976 feet, the chord of which bears: S.26015' 24"E. 99.82 feet to the point of beginning. The above described Parcel No. 4 contains 4.18 acres, more or less. BOOK 549 PAGE s29 WHEREAS, the Petitioner has 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 impact created is not large enough to proceed through the full subdivision review; and WHEREAS, the Petitioner has demonstrated to the satisfaction of the Board of County Commissioners of Garfield County, Colorado, that there is a reasonable probability of locating domestic 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 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 regula- tions 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", "B", "C", and "D" from the above described 60.0 acre tract is hereby exempted from such definitions and said tract may be divided into tracts "A", "B "C", and "D", 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" "B" "C",and "D" and that a copy of the instrument or instruments of conveyance when recorded shall be filed with this Resolution. THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO B,! : Chairman/ ATTEST: fl. /'''� De uty Cl, rk' ef the Boa_ of Counti Commissioners - - Garfield County, Colorado Upon motion duly made anocon ed the fore ping Resolution was adopted by the follovring vote: ............................................. RiAar C. Jol�eY ............. Aye` Larry,..Vel asguez..............................................................Aye Fl aven J Cerise .................................. ......... .......Aye Corrunissioners STATE OF COLORADO s County of Garfield I..................................................................... County Clerk and ex-officio - Clerk- of the Board of County Commissioners _ in and for the County and Statc 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, ....... ... day of ............ , A. D. 19 ...... County Clerk and ex-officio Clerk of the Board of County Commissioners.