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Home My WebLink About2.0 Resolution 82-126STATE OF COLORADO County of Garfield ss. At a..........,..,.........I.9.gH,1g,f......................meeting of the Board of County Commissioners for Garfield County, Colorado, ...............Y9y ......A. D. re.:. ..9.?.... , there were present: .........-E..e.r.-r.....Rhg.d'.9.9... , county Attorney .........L9.4nn9....C.1.e.1.4n.d.,.....D.ep-u.ty............ , crerk or the Board when the following proceedings, among others were had and done, to-wit: RESOLUTTSN NO. 82-L26 A RESOLUTION CONCERNED I^iITH GRANTING AN EXEI,IPTION FROI4 THE GARFIELD COUNTY SUBDIVISION REGULATIONS FOR GENE MULVIHILL, AS TRIJSTEE FOR ANDREW MI]LVIHILL. WHEREAS, Gene Mulvihill, as Trustee for Andrew Mulvihi11, has petitioned the Board of County Conrnissi-oners of Garfield County, Colorado, for an exempti-on from the definition of the terms "subdivision" and "subdivided land'l 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 2.02.2I (d) and 3.02.01 for the divlsion of a 520 acre tract described as follows: that parcel of land as described in Document No. 258065 as filed in the Offlce of the Clerk and Recorder of Garfield County, Colorado lirto 3 tracts of approximately 10, 29, and the remaining 481 acres each, more or 1ess, wlrlch proposed divided tracts are more particularly descr:ibed as follows: TRACT A tseginning at a point on the east line of Section 33, Tor"'nship 5 South, Range 92 West of the 6th Principal Merldian, Garfield County, Colorado, whence the Northeast Corner of Section 33 bears N.0o01'14"W. 69.92 feet; thence along the centerline of an existing roadway the follorving six courses: along a curve to the right having a central angle of 102"35'20" , a radius of 66.79 feet, an arc length of 119.59 feet and of which the chord bears N.51'08'41"E. i04.24 feet; rhence S.77'33'39"E. 20.94 feet; thence along a curve to the left having a central angle of 7"41'54", a radius of 800.00 feet, an arc lengtir of L07.49 feet and of which the chord bears S.81"24'36"8, lO7.4L feet; rhence S.85o15'33"E. i50.72 feet; thence along a curve ro the left havinEl a central angle of 9'33'40", a radius of 600.00 feet, an arc length of 100.L2 feet and of which the chord bears N.89'57'37"E. 100.01 feet; thence N.0"13'07"W. 1305 .67 feet along t east line of the West 15.00 acres of the 4'19"w. 498.04 feet along the NorthSI& SWk of Section 27; thence N.B4 line of the SII; SWk of Section 27 t the Northeast Corner of the SDa SEk of Secricrn 2B; thence S.B7o01'43"W. 566 94 feet along the north line of said Commissioner Commissioner centerline of an existing roadway curve to the left having a central E t , an arc 1erflgth of 35 . 11 f eet 35.04 feet; \thence S.18"39'06"E. eft having a\entral angle of SE% SE!4 of Section 28; thence along t in place the following seven courses: S.6"04t39"E. 760.77 feex; thence along angle of 12'34'27", a radius of 160.00 and of which the chord bears 5.12"2L153 203.24 feet; thence along a curve to th il e e 1 37"03'30", a radius of 400.00 feet, an arc tength of 258,72 feet and of which the chord bears S.37'10'51"E. 254.23 feet; t\,ur',c" 5.55'42'36"E. 22,20 feet; thencc along a curve to the right having a c{ntral angle of 6o00'30", a radiur; of 738.75 feet, an arc length of.77.47'feet and of which the chord bears 5.52"42'21"8. 17,43 feet; thence along a curve to tl're left having a central angle of 15"27'47", a radius of 660.00 feet, an arc iengrh of 178.L2 feet and of which the chord bears S.57o26'00"E 177.5 et ; thence S.65o09'53"E. acres, more or less.36.73 feet to the point of beginnlng. Containi .980 TRACT B: Beginning at a poinL on the east line of Section 33, To ship 5 South, Range 92 l/est of the 6th Principal Meridian, Garfield ty, Colorado, whence the Northeast Corner of said Section 33 bear .0 o01'14"w . 69.92 feet; thence S.0"01'14"E. 377.70 feet along s S.90'00'00"W. 401.24 feet; tirence N.0'29'13"W 98.96 feetl thence N.25'21 '37"I^I. 135.24 feer; st line; t1-rence 92.25 feet; thence N.B'30'04"1,J. ence l{ .63" 40 '3 0"w. 92 .7 4 feet; thence N.46'23'26"LI. 148.07 feet; thence 7 o15 r 20"tr^I. 88.35 feet; thence N.3'00'08"E . 268.65 feet; thence N.5"02'47 482.53 feet; thence N.15"00'14"8. L24.36 feet; thence S.74o49'38"E. 87.59 t to a point on the centerline of a county road in placel thence along s ty road theC fol1or",ing eight courses: S.6"04' 39"E. 405.03 f eet;thence along a curve to the left havi.ng a central angle of 12"34'27",T adius of 160.00 feet, an arc length of 35.11 feetland-oF-++hjcIi--t rd bears S.12 o21t 53t'E. 35.04 feet; thence S.18'39'06"E.2A3.24 feeq thence along a curve to the left having a central angle of 37"03'30", a radius of 400.00 feet, an arc length of 258.72 feet and of which the chord bears S.37'10'51"E. 254.23 feet; thence S.55"42t36"E.22.20 feet; thence along a curve to the right having a central angle of 6"00'30", a radius of 738.75 feet, an arc length of 77,47 feet and of which the chord bears 5.52'42'2L"8.77.43 feet; thence along a curve to the left having a central angle of 15o27'47", a radius of 660.00 feet, an arc length of 178.12 feet and of which the chord bears 5.57"26'00"E. 177.58 feet; rhence S.65"09'53"E. 36.73 feet to the point of intersection of said centerline with the east line of Section 33 (to the point of beginnirg). Containing I0.000 acres, more or less. TRACT C: The remaining 48i (in the StaEe of Colorado and the County of Garfield); and I'II{EREAS, the Petitioner has demonstrated to the satisfaction of the Board of County Conrnissioners of Garfield County, Colorado, that the proposed division does not fal1 within the purposes of Part 1, Article 28, Title 30, Colorado lLevised Statutes 1973, as amended, for the reason that the 29 acre tract will be conveyed to an adjoining property o\Arner, and thus no nerv 1ot is created; and secondly, the impact created does not warrant further subdivislon review, and WHEREAS, the Petitioner has demonstrated to the satisfaction of the Board of County Cormnissioners of Garfield County, Colorado, that there is a reasonable probability of locating domestic water on each of sald 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 developmenE and does not fal1 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; NOW, THEREFORE, BE IT RESOLVED that the division of the above described tracts t'A" and "8" from the above descri,bed 520 acre tract is hereby exempted from such definitions and said tract may be divided into tracts t'Att and "B", all as j-s more fully described above, and said divided tract may be cclnveyed in the form of such smaller tracts without further compliance with the aforesaid subdivlsion statutes and r:egulations; provided, however, that this exemption is granted on the conditlon and with the express understanding and agreement of the Petitioner that no furLher exemptions be allowed on said tracts "A" and "B", and that a copy of the instrument or instruments of conveyance when recorded shall be filed with this Resolution. ATTEST:BOARD OF COI]NTY CO}4}IISSIONERS GARFIELD COUNTY, COLORADO acres. /i p ty Clerk of the Board Chairman Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: F-1.a.yen....J.*....C9.r.i.s.e.................... ..............Aye ... .: ::.:H.\+se-ne,..D'i.nli[.e-,].s.e.......... ............ .. .. .AyeLar Commissioners 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 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, this.................... day of , A. D. 19 County Clerk and ex-officio Clerk of the Board of County Commissioners.