HomeMy WebLinkAbout2.0 Resolution 81-221At a..................'..'f gg.U.LeI.......................meeting of the Board of County Commissioners for Qarfield County, Colorado,
.Jgly-......... .......A. p- r?.9.1.,...... , there were present:
..!.*f .fy...Yp-L+.s-.g-t+.,g.2................-..... , commissioner chairmanFlaven J. Cerise
Eugene "Jim" Drinkhouse '" commissioner
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when the following proceedings, among others were had and dcne, to-wit:
STATE OF COLORADO
County of Garfield
Tract
P.M.,
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A tract of land in the N% of the SWk of Section 12, T65, R92W, of the 6th
Garfield County, Colorado, and being more particularly described as follows:
RESOLUTION NO.8L-22L
A RESOLUTION CONCERNED I'IITH GRANT]NG AN EEMPTION FROM ITIE GARFIELD COUNTY SIEDI\TSION
REGIILATIONS FOR JOHN REPACI.
IIHEREAS, John Repaci has petitioned the Board of County Commissioners of Garfield
County, Colorado, for an exemption from the definition of the terms "subdivision" andfrsubdivided land" under C.R.S . L973, 30-28-101 (10) (a)-(d), as amended, and the Subdivision
Reg-rlations of Garfield County, Colorado, adopted January 2, 1979, Sections 2.02.21 (d)
and 3.02.01 for the division of a L2.7239 acre tract described as follows:
A parcel of land situated in the W% Section 12, Township 6 South, Range 92 West of
the 6th Principal Meridian, Garfield County, Colorado, more particularly described
as follows:
Conrnencing at an iron post and brass cap properly marked and found in place for the
North Quarter Corner Section 7, Tovmship 6 South, P.ange 91 tr{est of the 6th Principal
Meridian, thence S 66'25'09" I,l 7542.64 feet to a point on the North right-of-way of
Couitty Road No. 335, the True Point of Beginning (r"'hence the East Quarter Corner
sald Section 7, a rock properly marked and found in place, bears N 87oL7t23" E
9527.08 feet); thence N 09"58'50" W 431.85 feet to rhe South Bank of the Colorado
River; thence S 60'49'L7" E along said South Bank 937.39 feet; thence S 76"5212L1t E
along said South Bank 5.50 feei; thence leavi,ng said South Bank S 11,"29r10'r E elong
a line running 5.00 feet easterly of the centerline of an existing water pipeline, a
dj'''.-ince of 810.42 f eet. to a point on the North right-of-ruay of said County Road No.
3lt ,. ihence along said North right-of-way along a curve to the right, having a central
an[;irr of 16o00'30" and radius of 185.79 feet, a clistanee of 51.91 feet (chord bea's
N 28o23'12" trJ 5L.74 feet; thence along said North right-of-rvay ll 20"22'57" I^I 66.53
feet; thence along sai.d No,:th right-of-'day along a curve to the lef t, having a cen-
tral angle of 16o42'53" and radj-us of 817.82 feet, a distance of 238.58 feet; thence
along said North right-of-way N 37'05'51" Ii 2I8.75 feet; thence along sald North
right-of-way along a curve to the left, having a cenEral angle of 29o42tl2tt and radi-us
of 558.78 feet, a distance of 289.68 feet; thence along said l.Iorth righr-of-way N
66o48t03'r tr{ 361.66 feet; thence along said North right-of-vay along a curve to the1,eft' haveing a central angle of 13"20'29" and radius of 261.87 feet, a distance of
60.98 feet to the true point of beginning into 2 tracts of approximately 6.262 and
6.263 acres each, more or less, which proposed divided Eracts are more particularly
described as follows:
A:
in
Beginning at a point from which the Nk Corner of Section 7, T65, R91W, bears I{
66"25'09" E a distance of.7542.64 feet; said point being the true point of beginning
and being also on the Northerly right-of-ruay line of County Road No. 335; thence along
the said Northerly right-of-way line or County Road No. 335 along a curve to the
right having a central angle of i3o?Atzgtt, a radius of 261.87 feet; a chord bearing
S 73"28t16" E and an arc length of 60.98 feetl thence S 66"48'03" E and continuing
along said Northerly right-of-way line a distance of 227.55 feet; thence N 27o47'19"
E a distance of 294.74 feet to a point on the approximate south bank high water line
of the Colorado River; thence N 27"47 '19" E a disEance of 261.58 feet to a point on
the center line of the Colorado River; thence N 62ol2t4I" I.l and along the centerline
of the said Col-orado River, a distance of 551.C0 feet; thence S 27"47 '19" I'i a distance
of 245.04 feet to a point on the approximate south bank high water line of the said
Colorado River; thence S 09'58'50" E a distance of 431.85 feet more or less to the
true point of heginning of parcel A.Containing 6.262 acres.
,
Tract B: A tract of land in the N% of the SW% of Section 12, T65' R92w' of the 5th
p.M., in Garfield County, Colorado, ancl being more particularly described as follows:
Beginning at a point from which the N14 Corner of Section 7, T65, R91W, bears N 57o
zLr3g,' E a disrance of 7L28,11 feet; thence N 11"29'01" I{ a distance of 810 '42 to a
point on the approximate south bank high \.nater line of the Colorado River; thence
N 15o59,31,,E a disrance of 279.06 feer to a point on the centerline of the Colorado
River; thence N 62'12'4L" W and along the centerline of ttre said Colorado River, a
distance of.328.92 feet, thence S 27"47'19" lnl a distance of 261.59 feet to a point on
the approximate south bank high waterline of the said Colorado Riverl thence S 27"
47,1g,, w a distance of 2g4.74 feet. to a point on the northerly right-of-rvay line of
County Road No. 335; thence S 66o48'03" E and along the northerly right-of-way line of
said County Road No. 335 a distance of 134.11 feet; thence continuing along said north-
erly right-of-way line, along a curve to the right having a central angle of 29"42'12"
and a radius of 558.78 feet, for an arc length distance of.289.68 feet; thence S 37o
05r51', E and continuing along the said northerly right-of-way line, a distance of
ZlB.7S feet; thence continuing along the saicl northerly right-of-way 1ine, along a
curve to the right having a central angle of 16"42'35", and a radius of 817'82 feet
for an arc length distance of 238.38 feet; thence S 20"23'16" E and continuing along
said northerly right-of-way line for a distance of 66.54 feet, thence continuing along
said northerty right-of-way line along a curve to the left having a central angle of
' 16o00'30" and a radius of 1aS.79 feet for an arc length distance of 51'91 feet more
or less to the true point of beginning of Parcel B' Containing' 6'263 acres more or
less.
WHEREAS, the petitioner has demonstrated to the satisfaction of the Board of county
Comnissioners of Garfield County, Colorado, that the proposed division does not fa1l within
the purposes of part 1, Article iB, ritl" 30, Colorado Revised Statutes 1973, as amende<i'
for the reason that the impact created does not warrant a full subclivision revierv, and
WHEREA5, the petitioner has demonstrated to the satisfaction of the Board of County
Commissioners of Garfield County, Colorado, that there is a reasonable probability of loc-
ating domestic r,rater on each of said tlacts, 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 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 t'subdivision" and "subdivided land" as set forth in C'R'S' L973'
30-28-101 (10) (a)-(C), as amendedl
Now, THEREFORE, BE IT RESOLVED that the division of the above described tracts I'A"'
,t8,,, from the above described 12.723g acre tract is hereby exempted from such definitions
and said tract may be divided into tracts "A", and "B", all as is more fully described:bove'
and said divided tract may be conveyed in the form of such smaller tracts rvithout further
compliance with the aforesaid subdivision statutes and regulations; provided, however' that
this exemption is granted on the condition and r.rlth the express understanding and agreement
of the petitioner that no further exemptions be allorued on said tracts "Att and t'Bt', and that
a copy of the instrument or instruments of conveyance when reco::ded sha1l be filed with this
Resolution.
TIIE BOARD OF COUNTY CO}OITSSIONERS
Garf ield CountY, Co.loradoUPon motlon du\i 9qd9 an{,s.ego1{ed the foregoing Resolution was adopted by the following vote:
..4r.rv ...y9.l3isu-9.?...... ... . . .. .. ... ........ ......... ..Ave"El'even "J. Cerise avo
::P-*eers ::iisr::-,-i*rlih-q-"-s"- : : : . ::: -:;;;
Commissioners
STATE OF COLORADO
CountY of Garfield
, County Clerk and ex-officio Clerli cf the Board of County CommissionersIr ........'.........
in and for the county and state aforesaid do hereby certify that the annexed and foregoing Order is truly copied from the Records ot
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 thc 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
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ATTEST:
P"pirtv ClerU of the Board
of CountY Commissioners