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Home My WebLink About5.0 Resolution 81-401STATE OF COLORADO SS. County of Garfield Ata regular held at the Court House in Glenwood Springs on DeCegth.eL A. D. 19..-.8.1 , there were present: .Ly SZ 1 sj.iie I:e a n?............................ when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 81-401 Bog 589 ?16O Recorded at 3 o'clock () M. n F rr 2_2 1981 322947 MILDRED ALSDORF, RECORDER Reception No. meeting of the Board of County Commissioners for Garfield County, Colorado, Monday • the 21st day of , Commissioner Chairman , Commissioner , Commissioner , County Attorney , Clerk of the Board . RESOLUTION CONCERNED WITH GRANTING.AN EXEMPTION FROM THE 'GARFIELD COUNTY SUBDIVISION REGULATIONS TO AUSTIN. AND DORIS HEUSCHKEL. WHEREAS, Austin and Doris Heuschkel 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 January 2', 1979, Sections 2.02.21 (d) and.3.02.01 for the division of a .19 acre . tract described as follows: That parcel of land as described in Document No. 305509 as filed in the Office of the Clerk and Recorder of Garfield County, Colorado into 2 tracts of approximately .08 and remaining .11 acres each, more or less, which proposed divided tracts are more particularly described as follows: .TRACT A; A parcel of land situated in Lot 36, Section 1, T7S, R89W of the 6th Principal Meridian, being more particularly described as follows: Commencing at the Northwest Corner cf said Lot 36, whence the Witness Corner for said Northwest Corner (being a brass cap found in place and marked L.S. #10732) bears N.01°11'05"E. 10.00 feet; thence along the westerly line of said Lot 36, S.01°11'05"W. 311.49 feet to the northeasterly corner of Reception No. 249280, as filed in the Garfield County Clerk andRecorder's Office, the True Point. of Beginning; thence 5.87°47'00"E. along the northerly line extended of said Reception N.o. 249280, 28.66 feet to a point situated on a line 50.00 feet southwesterly of and parallel with the southwesterly right-of-way line of the Denver and Rio Grande Western Railroad; thence along said parallel line along the arc of a.curve to the right, having a radius of 1760.08 feet and a central angle of 00°19'46", a distance of 10.12 feet (chord bears S.23°16'46"E. 10.12 feet) to a point on. the easterly line of Reception No. 305509, as filed in the Garfield County Clerk and Recorder's Office, being also 25.00 feet westerly of the westerly line of Parcel D)of Reception No. 261923, as filed in Garfield County Clerk and Recorder's Office; thence S.03°I5'00"W. along a line 25.00 feet westerly of and parallel with said westerly line of Reception No. 261923 (and bounded on the west by Parcel D of Reception No. 305509 as filed in Garfield County Clerk and Recorder's Office), 92.29 feet to .a point on the southerly line of said Lot 36; thence N.8.7°05'49."W. along said southerly line(bounded on the south by said Reception No. 249280'and bounded on the North by said. Reception No. 305509) 29.53 feet to the Southeast Corner of said Lot 36, a brass cap found in place; thence leaving said southerly line N.01°11'05"E. along the westerly line of said Lot 36 (bounded on the west by said Reception No. 24280 and bounded on the east by said Parcel D of Reception No. 305509)101..08 feet to the True Point of Beginning. • TRACT B: A parcel of land situated in Government Lot 36, of Section 1, T7S, R89W, of the Sixth Principal Meridian, in the County of Garfield, State of Colored; being more particularly described as follows: •MT BON( 58) eacE161 Commencing at the Northwest Corner of said Lot 36, whence the Witness Corner for said .Northwest Corner (being a brass cap found in place marked L.S. #10732) bears N.01°11'05"E. 10.00 feet; thence along the westerly line of said Lot 36'S.01°11'05"W. 146.96 feet to the Northwesterly Corner Parcel D of Reception Number 305509, as filed in the Garfield County Clerk and Recorder's Office, being also the Southwesterly right-of-way line of the Denverand Rio Grande Western Railroad, the True Point of Beginning; thence along said right-of-way .(bounded on the Southwest by said Parcel D of Reception Number 305509) "along the arc of a curve to the right having a radius of 1810.08 feet and a central angle of :02°25'50", a distance of 76.79 feet (chord bears S.27°21'46"E. 76.78 feet); to a point on the Easterly line of said Parcel D of Reception Number 305509 being also"a point 25.00 feet westerly of the westerly line of Parcel D of Reception No. 261923,' as Med in Garfield County Clerk and Recorder's Office); thence S.03 °15'00"W. along a`line'25.00 feet westerly of and parallel with said westerly line of Reception No. 261923 (and bounded on the West by said Parcel D of Reception No.305509) 106.88 feet; to a point situated on a line 50.00 feet southwesterly of and parallel with the southwesterly right-of-way line of said Railroad; thence along said parallel line along the `arc ;;'of a curve to the left having a radius of 1760.08 feet and a central. angle of 00°19'46", a distance of 10.12 feet (chord bears N.23°16'46"W: 10.12 feet) to a point on the northerly line extended of Reception Number 249280, as filed in the Garfield County Clerk and Recorder's Office; thence N.87°47'00"W. along said Northerly line extended 28.66 feet to the Northeasterly corner of said Reception No. 249280, being also a point on the Westerly line of said Lot 36; thence N.01°11'05"E. along said westerly line (and bounded on the East by said Parcel D of Reception Number 305509 164.53 feet to the True Point of Beginning; containing .011 acres more or less. (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 fall within the purposes of Part 1, Article 28, Title 30, Colorado Revised Statutes 1973, as amended, for the reason that the, exemption will provide for adjustment of property boundaries with a contiguous land owner, and WHEREAS, the Petitioners have demonstrated to the satisfaction of the Board of'County Commissioners of Garfield County, Colorado, that thereis 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 tanksowill 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; NOW, THEREFORE, BE IT RESOLVED that the division of the above described tracts "A" & "B" from the above described .18 acre tract is hereby exempted from such definitions and said tract may be divided into tracts "A" & "B" 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 statutesand regulations; provided, however, that this exemption is granted on the condition and with the express understanding and 'agreement of the Petitioners that no further exemptions be allowed on said tracts "A" &'"B"and that a copy•of the instrument or instruments of conveyance when recorded shall be filed with this Resolution, and that no new lots are created by this action; no building permits will be issued for the .10 and .08 acre lots; and further, that the Planning -Department -receive a copy -of Mr. Stowe'' s existing---deed--to- ascertain. _ownership of the contiguous parcel by him. ATTEST: BOARD OF COUNTY COMMISSIONERS'. GARFIELD COUNTY, COLORADO (LI uty Clerk of the Board Chairman • Upon motion .duly made and seconded the foregoing Resolution was adopted by the following vote: Aye Aye Aye Commissioners STATE OF COLORADO County of Garfield h , 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.