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Home My WebLink About3.0 Resolution 95-007411 • BOO} 0929 PAGE 688 STATE OF COLORADO ) )ss County of Garfield ) Recorded at 1:56 o'clock p.m. January 24,1995' Reception -NO. 473699 Mildred Alsdorf Recorder, Garfield County, Colorado At a regular 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 23rd of January A.D. 19 95 , there were present: Marian 1. Smith Arnold L. Mackley Elmer (Buckey) Arbaney Don DeFord Mildred Alsdorf Chuck Deschenes , Commissioner Chairman , Commissioner , Commissioner , County Attorney , Clerk of the Board , County Administrator when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 95-007 A RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE GARFIELD COUNTY SUBDIVISION REGULATIONS FOR MICHAEL AND JULIE KENNEDY. WHEREAS, MICHAEL AND JULIE KENNEDY 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 4.209 acre tract as described in Book 874, Page 472, Reception #452035 as filed in the Offices of the Clerk and Recorder of Garfield County, Colorado, into two (2) parcels of approximately 2.020 and 2.189 acres in size, more or less, with the exemption parcels more practically as follows: Lot A (See Attached) Lot B (See Attached) (in the State of Colorado and the County of Garfield); and 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 division does not warrant further 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 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 • . BfloXO9?9., ;68t 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 THEREFORE, BE IT RESOLVED that the division of the above described 4.209 acre tract into Lots A and B is hereby exempted from such definitions and may be conveyed in the form of such parcels" Lot A" and " Lot B" as is 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 23rd day of January , A.D. 19 95 . ATTEST: 44/ gif Clerk • the Board vote: GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFIELD COUNTY, COLORADO Chairman Upon motion duly made and seconded the foregoing Resolution was adopted by the following Marian I. Smith Aye Arnold L. Mackley , Aye , Aye Elmer (Buckey) Arbaney 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. 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- DESCRIPTIO[{ B0[40929=690 LQT A: A tract of land situated In Lot 25 of Section 28, Township 7 South, Range 88 West of the 6th Principal Meridian, Garfield County, Colorado, and being more particularly described as follows: Beginning at a point on the Westerly boundary line of said Lot 25 whence a Bureau of Land Management aluminum cap found in place and properly marked for the W'/, Corner of said Section 28 bears S 00-26' W 270.14 feet; thence N 00.28' E 385.90 feet along the Westerly boundary line of sald Lot 25 to the Northwest Comer of said Lot 25; thence S 89°23' E 143.27 feet along the Northerly boundary line of said Lot 25 to a point on the Southwesterly right-of-way line of the Denver and Rio Grande Western Railroad; thence S 22°03'44" E 499.17 feet along said railroad right-of-way line to a point on the Easterly boundary line of said Lot 25; thence S 00°31'12" W 152.76 feet along said Easterly boundary line; thence N 22.03'44" W 325.56 feet; thence West 100.00 feet; thence South 70.70 feet; thence West 110.00 feet to the point of beginning, containing 2.006 acres more or less. Also A tract of land situated In Lot 25 of Section 28, Township 7 South, Range 88 West of the 6th Principal Meridian, Garfield County, Colorado, and being more particularly described as follows: Beginning at a point on the Northerly boundary line of sald Lot 25 also being a point on the Southwesterly right-of-way Ilne of Colorado State Highway No. 82, Federal Aid Project No. 50130 (10) whence a Bureau of Land Management aluminum cap found In place and properly marked for the W'/ Corner of said Section 28 bears S 25°53'54" W 725.53 feet; thence S 35.14'19" E 39.38 feet along sald Southwesterly right-of-way line to a point on the Easterly boundary line of sald Lot 25; thence S 00.31'12" W 168.28 feet to a point on the Northeasterly right-of-way line of the Denver and Rio Grande Western Railroad; thence N 22°03'44" W 216.93 feet along said railroad right-of-way line to a point on he Northerly boundary line of said Lot 25; thence S 89-23' E 60.30 feet along said Northerly boundary line to the point of beginning, containing 0.183 acre more or less. The total acreage of Lot A Is 2.189 acres more or less. 1 -OT 8; A tract of land situated In Lot 25 of Section 28, Township 7 South, Range 88 West of the 6th Principal Meridian, Garfield County, Colorado, and being more particularly described as follows: Beginning at a Bureau of Land Management aluminum cap found In place and properly marked for the W'/, Corner of said Section 28; thence N 00°26' E 270.14 feet along the Westerly boundary line of sald Lot 25; thence East 110.00 feet; thence North 70.70 feet; thence East 100.00 feet; thence S 22.03'44" E 325.56 feet to a point on the Easterly boundary line of said Lot 25; thence S 00.31'12" W 43.39 feet along said Easterly boundary line to the Southeast Corner of sald Lot 25; thence N 89°16' W 333.96 feet along the Southerly boundary line of said Lot 25 to the point of beginning, containing 2.020 acres more or less.