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Home My WebLink About3.0 Resolution 84-35Hecorded at /L o'clocK 4 M. Reception No.___________ MILDRED ALSDORF,'RECOnDER GARFIELD COUNTY, COLORADO FEB 2 21984 BOOK 644 fvE691_. STATE OF COLORADO ) )ss County of Garfield ) At a regular -meeting of the Board of County Commissioners for Garfield, Colorado, held at the Commissioners' Annex in Glenwood Springs on Tuesday 'I the 21st day of February A.. ) 19 844 , there were present: Larry Velasquez :Flaxen .J. Cerise Eugene "Jim'! Drin4<house Earl Rhodes. Mildred- Alsdorf , , , Commissioner Chairman Commissioner Commissioner County Attorney Clerk of the Board when •the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 824-35 A RESOLUTION GRANTING AWtXEMPTION FROM THE GARFIELD COUNTY SUBDIVISION REGULATIONS FOR JAMES TARRO _WHEREAS , Jame.s Tarro 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=38-101 (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 10 acre tract .described.as follows:' as. found in Docket.No. 217740, as ic.'rded in the Garfield County Clerk and Recorders office,.into 2 tracts of approximately 8 and 2 acre's each, more of less,,which proposed divided tracts are more particularly described as follows: Tract A: A parcel of land situated in the SE 1/4NW 1/4 of Section 4; Township 6 South, Range 91 West of the. Sixth Principal Meridan, Garfield County, Colorado, lying Southerly of the Northerly right-of-way easement fence line of the Ware and. Hinds Ditch as surveyed in 1979 being the Southerly lines of Parcel "B" and "C" of the Kuhns Subdivision Exemption as'filed in the Garfield'County, Colorado records, and Northerly of the Northerly right-of-way line of US Highway 6 & 24, said Parcel of land is more fully described as follows: Beginning at the intersection of the East line of said SE 1/4NW 1/4 with said highway right-of-way line, whence a stone corner properly marked for the West Quarter Corner of said Section 4 bears: S.78°00'407W. 2688.56 feet;` thence 318.76 feet along the arc of a curve to the right, having a radius.of 13.92.477 feet, the chord of which bears: S.70°33'31"W. 318.07 feet along said highway right-of-way line; thence S.77°07'00"W. 170.0 feet along said highway right-of-way line; thence N.00° 17'19"W: 239.24 feet to a point .on the Southerly line of said Parcel "C thence S.55°46 0.7:"E. 68.21'fee,t along the Southerly lines of said Parcels "B"and "C", thence N.89°43'21"E. 79.99 feet along said Parcel "B"; thence North` 104.69 -feet along said Parcel "'B"; thence EAST 275.00 feet along said Parcel` "B", thence S.04'°24'26"E 141.88. feet to the point of beginning, containing 2.02 acres, more or. less. The bearing source fo,r.the above described isS.45°29'38"E. being established between the West and South Quarter Corners of said'Section`4. Subject toditch, utility and any other easements or rights -of way of record, and/or'as`now in place and.in use. (in the State of Colorado and County of Garfield); and BOOK 644 nicE692 Tract B: A parcel of land situated in the SE1/4 NW1/4 of Section 4, Township 6 South,.Range 91 West of the Sixth Principal Meridian, Garfield County, Colorado, lying Southerly of the. Northerly right-of-way easement fence line of the Ware and Hinds Ditch as surveyed in 1979, being the Southerly lines of Parcels "C" & "D" of the Kuhns Subdivision Exemption in 1979 and Parcel No. 1 as described by Reception No. 176854, all as filed in the Garfield County, Colorado records, Northerly of. the Northerly right-of-way, line of US Highway 6 & 24, and Easterly of a fence line as now constructed and in place, said parcel of land is more fully described as follows: Beginning at the interesection of the West line of said SE1/4 NW1/4 with the'.Northerly right-of-way line of said highway, whence a stone corner properly marked for the West Quarter Corner of Said Section 4 bears: S.80°29'07"W. 1332.53 feet; thence N.00°41'35"W. along the West line of said SE1/4 NW1/4 61.26 feet to a point in said West fence line; thence N.00°25 -'45"E. along said fence, 386.89.feet to a point on the Southerly line of said Parcel No. 1; thence -N.76°511 -51"E. 425.33 feet along the Southerly line of said Parcel No. 1; thence S.74°14'54"E. 149.50 feet along the Southerly line of said Parcel "D"; thence N.82°13,'07"E. 88.01 feet along the Southerly line of said Parcels "D" and "C"; thence S.72°08'52"E. 24.33 feet along the Southerly line of said Parcel "C"; thence S.59°59'10"E. 63.91 feet along the Southerly line of. said Parcel "C"; thence S.70°42'29"E. 130.23 feet. along the Southerly line of said Parcel "C"; thence S.00°17'19"E. 239:24 feet to a point on said highway right-of-way line; thence S.77°07'00"W. along said right-of-way line, 872.02 feet to the point of beginning, -containing 7.79 acres, more or less. ALSO, a parcel of land situated in the SE1/4 NW 1/4 of Section 4, Township 6.South, Range 91 West of the Sixth Principal Meridian, Garfield County, Colorado, lying Westerly of a fence line as now constructed and in place, said parcel of land is more fully described as follows: Beginning at the intersection of the West line of said SE1/4 NW1/4 of said fence line, whence the'point of beginning of the above described parcel of land bears: S.00°41'35"E. 61.26 feet; thence N.00°41'35"W. along the West line of said SE1/4 NW 1/4 385.14 feet to a point on .the North right-of-way/easement fence line of the Ware and Hinds Ditch; thence N,76°51'.51"E. along said ditch fence 7.76 -feet to a point in said Easterly fence line; thence S.00°25'45"W. along said Easterly fence line 386.89 feet to the point of beginning, containing 0.03 acres, more or less. The above two descriptions contain a total of 7.82 acres, more or less. The,bearing source for the above :described.is S.4.5°29'38"E. being established between the West and'South Quarter Corners of said Section 4. Subject to ditch, utility and any other easements.or rights-of-way and/or :as now in place and in. -use: noox 641 racE693 WHEREAS, the Petitioner has 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. WHEREAS, the Petitioner has 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 tracts, that there is adequate ingress and egress to said tracts,_that the location of septic tanks will be permitted by the C.Lorado Department of. Health, that the requested division is not part of 4a 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" and "B; from the above described 10 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 above, and said divided `tract may be conveyed in the form of such smaller tracts without further compliance with the aforesaid subdivision statutes and regulations;. provided, however, that this exemption is granted on the condition and with express understanding and agreement of the Petitioner that no further 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. Dated this 21st day of February , A.D. 1984_. THE BOARD OF COUNTY COMMISSIONERS OF GARF.IELD COUNTY, COLORADO • By: ATTEST; Clerk of the Bp'ard • of County Commission4rs Garfield County, Colorado Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: Larry Velasquez Flaven J. Cerise Eugene "Jim" Drinkhouse STATE OF COLORADO ) )ss County of Garfield ) Aye Aye Aye I,. , County Clark and ex -officio Clerk of the Board of County Commissioners in and for the County and State aforesaid do hereby cer'-ify 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 affixed the seal of said County, at Glenwood. Springs, this day of , A.D.. 19 of the Board of County Commissioners. County Clerk and ex -officio Clerk.