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HomeMy WebLinkAbout3.0 Resolution 89-134STATE OF COLORADO County of Garfield At EI negul ar Illeeting of Commissioners for Garfield County, Colorado, Meeting Room at the Garfield County Courthouse the 21sL August A. D. L9 B9 -l Marian I. the Board of CountY held at the Commissioners'in Glenwood SPrings on there were presents ss day of Smith Arnold L. MackIeY ELmer (Buckey) Arbaney , Commissioner Chairman , Commissioner , Commissioner , County Attorney , Clerk of the Board , County Administrator Don DeFord Mildred Al-sdorf' Chuck Deschenes when the following Froceedings, amongl others were had and done, to-wit: RESOLUTION NO. 89-134 A RESOLUTION CONCERNED WTTH GRANTING AN EXEMPTION FROM THE GARFIELD COUNTY SUBDTVISION REGULATIONS FOR EDWARD WAI,TERS AND DOYLE LIKELY. WHEREAS, Edward Walters and Doyle Likely 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 8:50 and for the division of a 3L.242 acre tract as described in Book 737 , Page 296 t as filed in the Office of the Clerk and Recorder of Garfield County, Colorado into two (2) parcels of approximately 29.L24 and 2.118 acres each, more or less, which proposed divided tracts are more practically described as follows: Parcel A: Parcel B: See attached Exhibit rrArr See attached Exhibit rtAx (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 falI within the purposes of Part L, Article 28, Titl-e 30, Colorado Revised Statutes 19731 6s amended, for the reason thatthe division does not warrant further subdivision review, and WHEREAS, the Petitioners have demonstrated to the satisfaction of the Board of County Commissioneis of Garfield County, Colorado, that there isa reasonable probability of locating domestic water on each of saidparcels, that there is existing ingress and egress to said parcels, thatthe location of septic tanks will be permitted by the Colorado Departmentof Health, that the requested division is not part of an existing orIarger development and does not fa1l within the general purposes andintent of the subdivision regul-ations of the State of Colorado and the County of Garfield, and should, therefore, be exempted from the definitionof 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 describedparcels ,Arr and rrBrr from the above described 31.242 acre tract is herebyexempted from such definitions and said tract may be divided into saidparcels ,A'r and rrB't and may be conveyed in the form of such parcels xArr and "8", aII as is more fully described above and that a copy of theinstrument or instruments of conveyance when recorded shatl be filed withthis Resolution. Dated this 21sL day of August A. D. 89 ATTEST:GARFIELD COUNTY BOARD OF COMMISSIONERS GARFTELD COUNTY, COLORADO , ,r-.('."/z*)r;r-,-/ A '--/ Chairman Upon motion duly made and seconded adopted by the following vote: the foregoing Resolution was Marian I. Smlth Arnold L. Mackley Aye Elmer (Buckev) Arbanev AYQ STATE OT COLORADO County of Garfield I, , County Clerk and ex-officio C1erk of tne ners iir and for the County and State aforesaid do hereby certify that the annexed and foregoing Resolution 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 of said County, at Glenwood Springs, this 19_ my hand and affixed the seal day of -, A.D. County Clerk and ex-officio Clerk of the Board of County Commissioners. ye ) ) ) -, DESCRTIIITCDI - PARCEL A ' A tract of lard situate in t}re NE 1/4 of the s.I 1/4 of section 32,ltownship 5 soYqj Range 90 West of the 6th'P.M. beirg' nore particularly described as follows:.,., Beginnilg, 3t the intersection of ttre rprth rightrcf-rvay line of al@unty' rrcad ard the east line of said NE 1/4 of tie gt 1/4 whince the southeast'corner of said section 32 bears s 65"11'38" E 3055.54 feet; thenc€s'70'44t01n I.I 7.2.16 feet along said ncrth right-of-vay line to tf," rprt5rightrcf-+ray line of U.S. nijnway G & Z4;' in.nd r.r: Og"rZ;OO, w 300.37 , feet J,tong said-rprth qightrc!*uy rine of u.s. Highway 6 & 24; thence.N 03"21t07t' E 235.64 feet; thencre N 69"22,.00" w -375.00 feet; thenceS 20'38100'W 225.00 feeE to said rprth right-pf*ay line of U.S. High- .' .way 6 & 24; thelce alorg said rorth righc.of*ay rine of Highway.6 e 24 ,the followirrg'three (3) courses: . - ", 1) N 69o22t1}".w, lgg.25 feet; thence I' 21 477.30 feet along the arc of a 2815.00 foot radius cqrve to the righthaving a central arry1e of 09"42'53" ard subterrtirg a chcrd bearing. N 64"30'33n w 476.73 feet; thence'3) N 59'39'00n w 13.g5 feet to ttre rrcst lirre of said tE 1/4 0f the*1 1/4i thence '. N 02'56159" w 595.82 feet to the rprthr+est @rner of said tio.1/4 of the.sw 'ty'4; thence s gg'33'21" E 1374.g4 feeE to the rprttreast, ;d.;isaid E l/a 9f B. g{.1/4t. rhence s 02'35,18" E 1206.34 feet. along theeast line of said' NE 1/4 of tie s{ 1/4 to' t}re poinE of b.giniring,containirry 29.124 acres rrrfre or less. ; I - 1 ) ; DESCI(TPMON - PEPSI PANCNT, A tradt of lard situate in the lE 1/4 ot the g{ 1/4 of section 32,,rownship 5 south, Range 90 west of the 6th p.M. beirrg rore trnrticurarrydescribed as foll,ows: Beginnirg at a lnint on the rprth right--of-way line of u.s. Highway 6 a24, whence ttre scutheast @rner of said sectitn:2 bears s 6G.44,4g,8J9!3:]9'feet; thenc-e N 20'38'00n E z2s.oo reei; thence s 6g"2z,oon E375.00 feet; thence s 03'2,l'07, w 23s.64 feet to said rprttr right-ofwayline of U.S. Highruy.ltr. 6 & 24; rhenc.e N 69"22;00" w 445.00 flet alorgsaid rishr-of-uay line ro the poinE or 6innirg, ;;;il; 2.fi8acres rrDre or less. .Subject to a ten-foot wide utility anC rprt}erly of the south line of easemenL adjacent to, ;nra1lel withsaid described property.