HomeMy WebLinkAbout13.0 Boruch 2002-46 Resolution1 111111 1101111111 11111 1111 11111 1111111 IIT 11111111
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STATE OF COLORADO
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County of Garfield
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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
Tuesday, the 13th of May, 2002 , there were present:
John Martin . Commissioner Chairman
Larry McCown . Commissioner
Walt Stowe , Commissioner
Don DeFord , County Attorney
Mildred Alsdorf , Clerk of the Board
Ed Green County Manager
when the following proceedings, among others were had and done, to -wit:
RESOLUTION NO. 2002-46
A RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE GARFIELD
COUNTY SUBDIVISION REGULATIONS FOR THE BORUCH SUBDIVISION EXEMPTION.
WHEREAS, Robert Boruch 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 161.217 acre tract as described in Book 1232, Page 770, as filed in the Offices of the Clerk and
Recorder of Garfield County, Colorado, into three (3) tracts of approximately 5.362, 7.330, and
148.525 acres each with the exemption parcels more practically as follows:
Lot 1
Lot 2
Lot 3
See Attached
See Attached
See Attached
(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 division does not warrant further subdivision review; and
WHEREAS, the Petitioners have 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
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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 THEREFORE, BE IT RESOLVED that the division of the above described
161.217 acre parcel is hereby exempted from such definitions and may be conveyed in the form of the
Lot "1", Lot "2" and Lot "3" , 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 13th day of May, A.D. 2002
ATTEST:
GARFIELD COUNTY BOARD OF
COMMISSIONERS, GARFIELD
COUNTY, COLORADO
vote:
Upon motion duly made and seconded the foregoing Resolution was adopted by the following
COMM.ISS.ZONER CHMRMMI JO[* F. MARTIN
COMMISSIONER WALTER A. STOWE
COMMISSIONER LARRY L. MCCOWN
Aye
, Aye
Aye
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STATE OF COLORADO )
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County of Garfield )
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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 February, A.D. 2001
County Clerk and ex -officio Clerk of the Board of County Commissioners
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LOT 1 DESCRIPTION
1
A parcel of land situated in the east half of the southeast quarter of
Section 11 and the west half of the southwest quarter of Section 12,
Township 7 South, Range 96 West of the 6th Principal Meridian, County
of Garfield, State of Colorado, being more particularly described as
follows:
Commencing at a U.S. B.L.M. Cadastral Survey aluminum capped survey
monument for the quarter corner common to said Section 11 and said
Section 12 whence a U.S. G.L.O. brass capped survey monument for the
south corner common to said Section 11 and said Section 12 bears South
01°02'04" West, a distance of 2652.88 feet with all bearings herein
relative thereto;
Thence South 01°02'04" West, a distance of 2113.69 feet to the Point of
Beginning;
Thence South 69°44'55" West, a distance of 102.63 feet;
Thence North 30°17'01" West, a distance of 477.39 feet;
Thence North 52°56'25" East, a distance of 370.65 feet;
Thence 319.63 feet along the arc of a 325.00 foot radius non -tangent
curve to the right, through a central angle of 56°20'56", with a chord
bearing South 46°53'49" East, a distance of 306.90 feet;
Thence South 18°43'20" East, a distance of 303.07 feet;
Thence South 69°44'55" West, a distance of 298.57 feet to the Point of
Beginning.
Containing 5.362 acres, more or less.
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LOT 2 DESCRIPTION
A parcel of land situated in the past half of the southeast quarter of Section
11 and the west half of the southwest quarter of Section 12, Township 7 South,
Range 96 West of the 6th Principal Meridian, County of Garfield, State of
Colorado, being more particularly described as follows:
Commencing at a U.S. B.L.M. Cadastral Survey aluminum capped survey monument
for the quarter corner common to said Section 11 and said Section 12 whence a
U.S. G.L.O. brass capped survey monument for the south corner common to said
Section 11 and said Section 12 bears South 01°02'04" West, a distance of
2652.88 feet with all bearings herein relative thereto;
Thence South 01°02'04" West, a distance of 962.93 feet to the Point of
Beginning;
Thence South 61°24'22" East, a distance of 482.12
Thence South 01°02'04" West, a distance of 171.07
Thence South 50°43'52" West, a distance of 356.05
375.00 foot radius curve concave to the southwest
feet;
feet;
feet to the beginning of a
radial to said line;
Thence northwesterly and westerly 337.63 feet along the arc of said curve,
through a central angle of 51°35'07", with a chord bearing North 65°03'42"
West, a distance of 326.34 feet to a point of reverse curvature;
Thence 471.52 feet along the arc of a 225.00 foot radius curve to the right,
through a central angle of 120°04'20", with a chord bearing North 30°49'05"
West, a distance of 389.85 feet;
Thence North 66°12'42" East, a distance of 383.66 feet to the Point of
Beginning.
Containing 7.330 acres, more or less.
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LOT 3 DESCRIPTION
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The east half of the southeast quarter of Section 11 and the west half
of the southwest quarter of Section 12, Township 7 South, Range 96 West
of the 6th Principal Meridian, County of Garfield, State of Colorado.
EXCEPT a parcel of land situated in the east half of the southeast
quarter of Section 11 and the west half of the southwest quarter of
Section 12, Township 7 South, Range 96 West of the 6th Principal
Meridian, County of Garfield, State of Colorado, being more
particularly described as follows:
Commencing at a U.S. B.L.M. Cadastral Survey aluminum capped survey
monument for the quarter corner common to said Section 11 and said
Section 12 whence a U.S. G.L.O. brass capped survey monument for the
south corner common to said Section 11 and said Section 12 bears South
01°02'04" West, a distance of 2652.88 feet with all bearings herein
relative thereto;
Thence South 01°02'04" West, a distance of 962.93 feet to the Point of
Beginning;
Thence South 61°24'22" East, a distance of 482.12 feet;
Thence South 01°02'04" West, a distance of 171.07 feet;
Thence South 50°43'52" West, a distance of 356.05 feet to the beginning
of a 375.00 foot radius curve concave to the southwest radial to said
line;
Thence northwesterly and westerly 337.63 feet along the arc of said
curve, through a central angle of 51°35'07", with a chord bearing North
65°03'42" West, a distance of 326 34 feet to a point of reverse
curvature;
Thence 471.52 feet along the arc of a 225.00 foot radius curve to the
right, through a central angle of 120°04'20", with a chord bearing
North 30°49'05" West, a distance of 389.85 feet;
Thence North 66°12'42" East, a distance of 383.66 feet to the Point of
Beginning.
AND EXCEPT A parcel of land situated in the east half of the southeast
quarter of Section 11 and the west half of the southwest quarter of
Section 12, Township 7 South, Range 96 West of the 6th Principal
Meridian, County of Garfield, State of Colorado, being more
particularly described as follows:
Commencing at a U.S. B.L.M. Cadastral Survey aluminum capped survey
monument for the quarter corner common to said Section 11 and said
Section 12 whence a U.S. G.L.O. brass capped survey monument for the
south corner common to said Section 11 and said Section 12 bears South
01°02'04" West, a distance of 2652.88 feet with all bearings herein
relative thereto;
Thence South 01°02'04" West, a distance of 2113.69 feet to the Point of
Beginning;
Thence South 69°44'55" West, a distance of 102.63 feet;
Thence North 30°17'01" West, a distance of 477.39 feet;
Thence North 52°56'25" East, a distance of 370.65 feet;
Thence 319.63 feet along the arc of a 325.00 foot radius non -tangent
curve to the right, through a central angle of 56°20'56", with a chord
bearing South 46°53'49" East, a distance of 306.90 feet;
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Thence South 18°43'20" East, a distance of 303.07 feet;
Thence South 69°44'55" West, a distance of 298.57 feet to the Point of
Beginning.
AND EXCEPT that portion described in Book 632 Page 180 of the Garfield
County Clerk and Recorder's records.
Resulting in a net acreage of 148.525 acres more or less.