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Home My WebLink About5.0 Resolution 89-26Recorded et 9 24 o'clock IEEB 1g89 Reception No. ' r:�i._i.:,; D i �. r. �. i ' ORDER (a..•.s=1_._E_. '_'i'Y', {CC1j_o)iAtio STATE OF COLORADO County of Garfield At a Commissioners for Meeting Room at the 13th day ) ss. 800X 7419 PAGE:.81 rP,ar meeting of the Board of County Garield County, Colorado, held at the Commissioners' •the Garfield County Courthouse.in Glenwood Springs on of February A.D. 1989 . , there were present: Marian I. Smith Arnold L. Macklev Elmer Arbanev 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: 1 RESOLUTION NO. 89-026 A RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM. THE GARFIELD COUNTY SUBDIVISION REGULATIONS FOR MARC ADLER WHEREAS, Marc Adler has 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, arfieldCounty, Colorado, adopted April 23, 1984, Section 8:00 through 8:60 and for the division of a 11.27 acre tract as described in Book 515, Pages 567-576, as filed in the Office of the Clerk and Recorder of Garfield • County, Colorado into two tracts of 5.668 acres and 5.602 acres, more or less, which proposed divided tracts are more practically described as follows: TRACT A: TRACT B: (in the State See attached legal description; Lot 1 See attached legal description; Lot 2 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 tract, through,- an existing well for Tract A and the use of a cistern with'no adjudicated well for Tract B, that there is existing 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=-bems "subdivision" and -"subdivided land" as :-.set forth in C.R.S. 1973, 30-28-101 (10) (a)=(d), as amended; BOOK 7'19 NOW THEREFORE, BE IT RESOLVED that the division of the above described tracts "A" and "B" from the above described 11.27 acre tract is hereby exempted from such definitions and said tract may be divided into said tracts "A" and "B" and may be conveyed in the form of such tracts "A" and "B", all as is more fully described above; however, this exemption is granted on the' condition and with the expressed understanding and agreement of the petitioner: that no further exemption 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. Dated this 13th day of February , A.D. 1989 . ATTEST: GARFIELD COUNTY BOARD OF COMMISSIONERS GARFIELD COUNTY, COLORADO /4 t C:.TF.:k of the Bcara L e. . 4 6 JL Chairman Upon motion duly made and seconded the forego!ng Resolution was adopted by the following vote: Marian I. Smith Aye _jump f_•. Mackley Aye Elmer Arbaney STN -'E 0''' COLORADO County of Garfield Aye 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 .trt.Iv copied from the Records of the Proceedings of the Board of County Commissioners for said Garfield County, now in my office. IN t•iITNESS HRR1EOF, I have hereunto set my hand and affixed the seal of said County, at Glenwood Springs , this day of , A.D. 1 9 of the Board of County Commissioners. County Clerk and ex -officio Clerk • TRACT A TRACT B A parcel of land situated in the NENE2' of Section 9 and the NWV4W% of Section 10, Township::7,South, Range 89 West of the Sixth Principal Meridian, lying westerly of ttheWesterly line of the County Road Number 117, said parcel of land is described, as follows: Beginning at an iron post with a:'brass cap properly,, marked for the corner , t commono.Sections 3, 4, 9 and:10 of;said Township and Range: thence 5.00°28'01"E;.692,09 feet along the line between said Sections 9 and 10 to the True Point of Beginning; thence S,00°28'01"E. 68.00 feet along the line between said Sections 9' and 10; thence S.89°49'32"E. 395.12 feet to a point on the westerly right -of --way line of said County Road; thence S.17°49'46"W. 44.43 .feet along the we terly line of said County Road; thence S.21°13'04"W. 49.71 feet along the westerly right--of-way line of said County Road; thence S.30°52'05"W. 47.05 feet along the westerly right -of --way line of said County Road; thence S.34°41'25"W.. 33.87 feet along the westerly r.ighi=-of-way line of said County Road; thence 236.94 feet along the arc of a curve to the right having a radius of 2251.62 feet and a central angle of 06°01'45"; (chord bears S.37°42'17"W. 236.83 feet)'; thence S.40°43'10"W. 16.64 feet along the westerly right -of --way line of said'County Road; thence N.89°46'05"W. 420.97 feet; thence N.19°12'47"W. 450.70 feet; thence S.89°49'32"E. 404.33.feetto the True Point of Beginning', said parcel containing 5.668 cres, more�or less. A parcel of.:'land situated in the Nc3LNE3f of Section 9 and the MW5QNS^i'.G of Section 10, Township 7 South, Range 69 West of the Sixth Principal Meridian, lying westerly ofthe westerly line of the County Road Number 117, said parcel of land is described as follows: J Beginning at an iron post,with a brass cap properly marked for the corner common to Sections 3, 4, 9 and 10 of said Township and Range; thence S.00°28'01"E. 692.09 feet along the line between said Sections 9 and 10; thence N.89°49132"W. 404.33 feet to the True Point of Beginning; thence S.19°12'47"E. 450.70 feet; thence S.00°28'01"E. 266.66 feet to a point on the southerly line of said NE14:NER of said Section 9; thence N.89°46'05"W. 396.70 feat along the. southerly line of said.N-2 NE<; thence N.00°36'30"W. 691.46 feet; thence S.89°49'32"W. 253.55 feet to the True Point of Beginning; said parcel containing 5.602 acres, more or less.