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Home My WebLink About4.0 Resolution 2002-84. ./ • I llllll lllll llllll llllll 1111111111111111111111111111111 610823 09/17/2002 03:25P 81387 P114 M ALSDORF 1 of 5 R 0.00 D 0.00 GARFIELD COUNTY CO ST ATE OF COLORADO ) )ss County of Garfield ) • At a regul ar meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Commissioners' Meeting Room, Garfield County Courthouse, in Glenwood Springs on, Monday, the 16th day of September A .D. 2 002, there were present: __ Jo~hn~M_art_in ____________ , Commissioner Chairman --=L=arry:.:....J.-..:.M==-cC=o=-wn'-'-=-----------' Commissioner --'W-'-a=l-"-t =-St"'""'o'-'-w'--'e'-------------' Commissioner -~D~o~n~D_e_F_o_r_d ____________ , County Attorney --=-M=i=ld=r'"""e=d-=-A=l"'-'sd=o=-r=-f ___________ , Clerk of the Board -=E~d_G~r_e_en _____________ , County Manager when the followi n g proceedings, among others were had and done, to-wit: RESOLUTION No. 2 0 0 2 -8 4 A RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FfZOM THE GARFIELD COUNTY SUBDIVISION REGULATIONS FOR ROCKY AND MARY GABOSSI. WHEREAS, Rocky and Mary Gabossi 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, 30-2 8-101 (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 61.468 acre tract as described in Book 1248, Page 776 and 777, as filed in the Offices of the Clerk and Recorder of Garfield County, Colorado, into three ( 4) tracts of approximately 20.479 acres, 2 .766 acres, 20.848 acres , and 17.375 acres each with the exemption parcels more practically described as follows and contained in Exhibit A: Lot 1: See Exhibit A (attached) Lot 2: See Exhibit A (attached) Lot 3: See Exhibit A (attached) Lot 4: See Exhibit A (attached) 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 dem onstrated to the satisfaction of the Board of County Commissioners of Garfield County, Colorado, that there is a reasonable probability of locating . /11111111111111111111111111 111111111•1111111111111111 610823 09/17/2002 03:25P 81387 P115 M ALSDORF 2 of 5 R 0.00 D 0.00 GARFIELD COUNTY CO domestic water on each of said parcels, that there is existing ingress and egress to said parcels, 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 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; and NOW T H EREFORE, BE IT RESOLVED that the division of the above described 61.468 acre parcel is hereby exempted from such definitions and may be conveyed in the form of the "Lot 1 ", "Lot 2 11 , "Lot 3 11 , and "Lot 4" of the Gabossi Exemption , as are more fully described above and that a copy of the instrument or instruments of conveyance when recorded shall be filed with this Resolution. Dated this 16th day of September, A.D. 2002 ATTEST: GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFIELD COUNTY, C ORADO ~C~O~M=M~I~S~S~IO~N~E=R~C~H~A=IR~J~O=HN~F~·~M=A~R~T~IN"'-'-~~~~~~~~~~'Aye ~C~O~M_M~I~S~SI~O~N~E=R~L=ARR~~Y~L~.M~C~C~O_WN~~~~~~~~~~~~-'Aye =C~O=MM==I=S=S=IO=N~E=R~W~A=L=T=E=R'--=S~TO=-:..;W~E=--~~~~~~~~~~~-'Aye STATE OF COLORADO ) )ss County of Garfield ) 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 Resolution is truly copied from the Records of the Proceeding of the Board of County Commissioners for said Garfield County, now in my office. 2 '11111111111111111111111111 11111111111111111111111111 610823 09/17/2002 03:25P 81387 P116 M ALSDORF 3 of 5 R 0.00 D 0.00 GARFIELD COUNTY CO • IN WITNESS \\THEREOF, I have hereunto set my hand and affixed the seal of said County, at Glenwood Springs, this __ day of , A .D. 20 __ . County Clerk and ex-officio Clerk of the Board of County Commissioners 3 I LEGAL DESCRIPTION LOT 1 A TRACT OF LAND SITUATED IN THE N\Jl/4 OF SECTION 35, TO\JNSHIP 5 SOUTH, RANGE 90 'w'EST OF THE 6TH P.Mv COUNTY OF GARFIELD, STATE OF COLORADQ SAID TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BO UNDS AS FOLLO\JS: . BEGINNING AT A POINT FROM 'WHICH THE NORTH 1/4 CORNER OF SAID SECTION 3~ BEARS N.45.21'31'E. 855.56 FEET, SAID NORTH 1/4 CORNER BEING A . IRON PIPE \JITH AN ALUMINUM CAP, PLS NO. 15710; THENCE S.26.31'06'E. 55.72 FEET; THENCE S.26.11'52'\J. 62.99 FEETi THENCE S.11.39'34"w'. 51.69 FEET; THENCE S.37'28'23 .. w'. 80.15 FEET; THENCE S.49•48'42'\J. 68.45 FEETj THENCE S.22.37 '14'\J. 167 .65 FEETi THENCE S.04.15'08'E. 209 .64 FEET; THENCE S.40.24'52''w'. 63.16 FEETj THENCE S.23.42'17'\J. 160 .96 FEET; THENCE S.34.01'36"w'. 250.32 FEET; THENCE s.20·03'51'E . 69.80 FEET; THENCE s.02·38'42'\J, 142 .25 FEET; THENCE s.00•11 1 5l'E. 128.20 FEET; THENCE N.72.59'26'E. 101.15 FEETi THENCE S.68.43'16'E. 110 .56 FEET; THENCE S.74.56'17'E. 210.39 FEET; THENCE N.84.18'28'E . 105.41 FEET; THENCE S.24.46'00'\J . 319 .38 FEET TO A POINT ON THE NORTHERLY RIGHT OF \JAY OF STATE HIGH\JAY 6 AND 2~ THENCE ALONG SAID RIGHT OF \JAY THE FDLLO\JING 6 COURSES: D THENCE N.65.14'00'\./. 489.04 FEET; 2) THENCE 426.40 FEET ALONG THE ARC OF A CURVE TD THE LEFT HAVING A RADIUS OF 2010.00 FEET, A CENTRAL ANGLE OF 12.09'17' AND SUB.:. TENDING A CHORD \./HICH BEARS N.71.18'38'\J. 425.60 FEET; 3) THENCE S.13.12'00'\./. 50.00 FEET; 4) THENCE 270.72 FEET ALONG THE ARC OF A NON-TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 1960.00 FEET, A CENTRAL ANGLE OF 07'54'49' AND SUB-TENDING A CHORD \JHICH BEARS N.81.21'35'\J. 270.50 FEET; 5) THENCE N.85°19'00'\J. · 368.00 FEET; 6) THENCE 109.74 FEET ALONG THE ARC OF . A CURVE TO THE RIGHT HAVING A RADIUS OF 5680.00 FEET, A CENTRA L ANGLE OF 01•06'25' AND SUB- TENDING A CHORD 'w'HICH BEARS N.84.45'48''w'. 109.74 FEET; THENC£ DEPARTING SAID RIGHT OF \./AY N.23.00'lO'E. 85.51 FEET; THENCE N.33.41'22'E. 273.31 FEETj THENCE N.10.4l'Ol'E. 126.20 FEET; THENCE N.1s·oo'46'E. 102.71 FEET; THENCE S.79•05'06'E. 44 .25 FEET; THENCE N.87'14'08'E . 373 .76 FEET; THENCE S.83.55'42'E . 116 .11 FEET; THENCE N.45.21'3l'E. 1000.98 FEET TO THE POINT OF BEGINNING. TOGETHER W'ITH AND SUBJECT TO THE ACCESS AND UTILITY EASEMENT<S) INDICATED HEREON. SAID TRACT OF LAND CONTAINS 20.479 ACRES, MORE DR LESS . LEGAL DESCRIPTION LOT 2 A TRACT . OF LAND SITUATED IN THE N\Jl/ 4 OF SECTION 35, TDW'NSHIP 5 SOUTH, RANGE 90 'w'EST OF THE 6 TH P.Mv COUNTY OF GARFIELD. ST ATE OF COLORA DQ SAID TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS ~ BEG I NNING AT A POINI FROM 'w'HICH THE NORTH 114 CORNER OF SAID SECTION 35 BEARS N.45.21'3l'E. 1856.54 FEET, SAID NORTH 114 CORNER BEING A IRON PIPE IJITH AN ALUMINUM CAP, PLS NO . 15710; THENCE N.20.42'31''w'. 84.87 FEET; THENCE N.26.55'22''w'. 62.07 FEET; THENCE N.31.52'13'\J, 130.89 FEET; THENCE N.35.15'19'\J. 161.50 FEET; THENCE N.37'33'49''w'. 59.61 FEET; THENCE N.50.44'37'\J. 38.18 FEET; THENCE S.04.22'29'\./, 85.53 FEET; THENCE S.37'4B'l4''w'. 135.68 FEET; THENCE S.23.33'14"w'. 128.60 FEET; THENCE S.45.44'37'\./, 194.88 FEET; THENCE S.89.42'59'E. 34.78 FEET; THENCE S.79.05'06'E. 44 .25 FEETi THENCE N.87'14'08'E. 373.76 FEETj THENCE S.83.55'42'E. 116.11 FEET TO THE POINT OF BEGINNING . , TOGETH ER 'w'ITH AND SUBJECT TO THE ACCESS AND UTILITY EASEMENT<S) INDICATED HEREON . SAID TRACT OF LAND CONTAINING 2 .766 ACRES, MORE OR LESS I llllll lllll llllll llllll llll llll lllllll Ill lllll llll llll 610823 09/17/2002 03:2~P B1387 P117 M ALSDORF 4 of ~ R 0.00 D 0.00 GARFIELD COUNTY CO I • LEGAL DESCRIPTION LDT 3 • A TRACT OF LAND SITUATED IN THE N'v/1/4 OF SECTION 35, TOW'NSHIP 5 SOUTH, RANGE 90 W'EST OF THE 6 TH P.M., COUNTY OF GARFIELD, STATE OF COLDRADQ SAID TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLDW'S: , BEGINNING AT THE NORTHEAST CORNER OF THE SE1/4NW'l/4 OF SAID SECTION 35, SAID POINT BEING A REBAR W'ITH AN ALUMINUM CAP, PLS NO . 15710 FOUND IN PLACE FROM W'HICH THE NORTH 114 CORNER OF SAID SECTION 35 BEARS . N.07°03'10'W'. 1321.89 FEET, SAID NORTH 1/4 CORNER BEING A IRON PIPE \./ITH AN ALUMINUM CAP, PLS NO. 15710; THENCE S.07'03'10'E. ALONG THE EAST LINE OF SAID SEl/4NW'l/4 A DISTANCE OF 548.14 FEET; THENCE DEPARTING SAID EAST LINE S.9o·oo'OO'\J. 84.!Bl FEET; THENCE S.00°40'50'W'. 80.42 FEET; THENCE S.l0°10'24'E. 237.69 FEET TO A POINT ON THE NORTHERLY RIGHT OF 'WAY OF COUNTY ROAD NO. 138; THENCE ALONG SAID RIGHT OF 'WAY THE FOLLDW'ING FOUR COURSES1 D THENCE S.68°56'19'W'. 119.42 FEET; 2) THENCE S.75°17'1 ?'W'. 119.64 FEET; 3) THENCE S.79 .. 09 '05'W'. 64.99 FEET; 4) THENCE S.67.03'2l''w'. 153.83 FEET TO A POINT ON THE NORTHERLY RIGHT OF W'AY OF STATE HIGH\JAY 6 AND 24; THENCE N.65°14'00'W', 269.18 FEET ALONG SAID RILiHT OF \JAY; THENCE DEPARTING SAID RIGHT OF \JAY N.24.46'00'E. 319 .39 FEET; THENCE s,94•1s·2s·v. 105.41 FEET; THENCE N.7 4 ·sE.'17''w'. 210.39 FEET; THENCE N.E.8°43'16'\J . 110 .56 FEET; THENCE s.12•59'26''w'. 101.15 FEET; THENCE N.80°11'51 'W'. 128.20 FEET; THENCE N.02·3s'42'E. 142.25 FEET; THENCE N.20•03·51·w. 69.80 FEET; THENCE N.34 •01' 36'E. 250.32 FEET; THENCE N.23° 42'17'E. 160 .96 FEET; THENCE N.40°24'52'E. 63.16 FEET; THENCE N.88°28'24'E. 158.62 FEET; THENCE S.79°43'07'E. 159.13 FEET; THENCE S.84°39'20'E. 621.99 FEET TO THE POINT OF BEGINNING . TOGETHER 'WITH AND SUBJECT TO THE ACCESS AND UTILITY EASEMENT<S) IN DI CA TED HEREON. SAID TRACT OF LAND CONTAINS 20.848 ACRES, MORE DR LESS LEGAL DESCRIPTION LOT 4 A TRACT OF LAND SITUATED IN THE N'w'l/4 OF SECTION 35, TOW'NSHIP 5 SOUT~ RANGE 90 W'EST OF THE 6TH P~~ COUNTY OF GARFIELR STATE OF COLORADO, SAID TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLDW'S: BEGINNING AT THE NORTH 114 CORNER OF THE OF SAID SECTION 35, SAID POINT BEING A IRON PIPE W'ITH AN ALUMINUM CAP, PLS NO. 15710; THENCE S.07°03'10'E. ALONG THE EAST LINE OF THE NE1/4N\o/l/4 OF SAID SECTION 35 A DISTANCE OF 1321.88 FEET TO THE SOUTHEAST CORNER OF SAID NE1/4NW'l/4, SAID POINT BEING A REBAR 'w'ITH AN ALUMINUM CAP, PLS NO. 15710 FOUND IN PLACE; THENCE DEPARTING SAID EAST LINE N.84.39'20''v/. 621.99 FEET; THENCE N.79.43'07'\./. 159.13 FEET; THENCE s .es·28'24'\v'. 158.62 FEETJ THENCE N.04.15'08'\v', 209.64 FEET; THENCE N.22°37'14'E. 167.65 FEETi THENCE N.49.48 '42'E. 68.45 FEET; THENCE N.37"28'23'E. 80.15 FTFT: Tuc-.ir::~ ''..~l.39'34'E. 51.69 FEET; THENCE N.26•11 1 52'E. 62 .99 FEET; THENCE N.26.31'06'\o/. 55.72 FEETi THENCE N.45•21'3l'E. 855.56 FEET TO THE POINT OF BEGINNING. TOGETHER W'ITH AND SUBJECT TO THE ACCESS AND UTILITY EASEMENT($) INDICATED HEREON. SAID TRACT OF LAND CONTAINS 17.375 ACRES, MORE DR LESS. I llllll lllll llllll llllll 1111111111111111111111111111111 .. 610823 09/17/2002 03:25P 81387 P118 M RLSDORF 5 of 5 R 0.00 D 0.00 GARFIELD COUNTY CO