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HomeMy WebLinkAbout5.0 Resolution 85-197STATE OF COLORADO County of Garfield. At a Commissioners for Meeting Room, on Monday present: when ) ss Regular Garfield Garfield , the 18t Robert Richardson Larry Schmueser Flaven J. Cerise Don DeFord Mildred Alsdorf Roger Ludwig Recorded at (: 119 o' lockP Reception No. J » hT:.: -RED ALSDORF, RECORDER FIELD COUNTY, COLORADO BOOK 679 P*cE184 meeting of the Board of County. County, Colorado, held at the Commissioners' County Courthouse in Glenwood Springs h day of . November A.D. 19 5_, there were Commissioner Chairman Commissioner Commissioner County Attorney Clerk of the Board Administrative Assistant the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 85-197 A RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE GARFIELD COUNTY SUBDIVISION REGULATIONS FOR MATTHEW AND VONNIE VAN HOOSE. WHEREAS, Matthew and Vonnie Van Hoose 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) for the division of a 39.32 acre tract as described in Book 6.26, Page 96 and 97 as filed in the Office of the Clerk and Recorder of Garfield County, Colorado: into 2 tracts of approximately 19.663 acres each, more or less, which proposed divided tracts are more particularly described as follows: Tract A: See attached legal description for Parcel A. Tract B: See attached legal description for Parcel B. (in the State of Colorado and County of Garfield); and WHEREAS, the Petitioner has demonstrated to the satisfacti.�n 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 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 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; BOOK GM '74E1.85 NOW THEREFORE, BE IT RESOLVED that the division of the above described tracts "A" and "B" from the above described 39.-32 acre tract is hereby: exempted from such definitions and said tract may be divided into tracts "A" ►► " " " A and "B",and conveyed ..n the form of such tracts A and B , all as is more fully described above, however, that this exermption 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" and. "B" and that a copy of the in8trument or instruments of conveyance when recorded shall be filed with this "Resolution. Dated this 18th day of November , A.D. 1985. ATTEST: //,,_141/241 a Cle k of the Board THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO By: Chairman Upon motion duly made and seconded the foregoing Resolution was adopted by the. following vote: Robert Richardson Aye Larry Schmueser Conflict of interest F] aven J _ Cerise Aye STATE OF COLORADO ) County of Garfield ) 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 Proceedings of the Boz-" 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 -Re ec.rders No+e; Nol a:n or; gi ni I acpc.1 LEGAL MSC:RfF'rIcN "Parcel A" BOOK 679 PGE1.86 .- A'parcsl of land situate in. the NE 1/4' SE 1/4, and the SE 1/4 SE 1/4, • 4 5ection,13,.Ttunship 5 South, Range 91 West, and Int 3 and Lot 4, SectioA.18 -`hip 5 South, Range 90 Went of the sixth Principal Y ),*ridihn;'"all it th County of Garfie14,Ststect Colorado, lying 'easterly:;pf that'e terly right -of -Way lino of a County Road as western* of the easterly line of said lot. idularl gibed as fr11 ;: J { • � � point on said easterly right -3f -way line whence the "r Bras#: t t: 1/4 corner of said Section 13 tears N 66°02i O3" E 4? -;128.45A$- et. along said easterly right-of-way line the cacti sea 3 ` (1) From'a tart bearingid 24.43'05" E, 56.10 1650.10 foot radius curve to the left having a ;s.�cerfitrarangle of 1".56'52" and subtending a chord bearing N 2344'39" E :56.09., feet then (2)' from a tangent bearing N 23620'06w E, 203.06 ,:feet�-,alongi the arc of a 722.22 foot radius curve bo the left having a '.. central: angle of 16°06134" and subtending a chord bearing N 15'16'49" E '202.39 feett-.thenoe (3) N 07'47'24' E 4.99 feet; thence S 83'45'41" E 314.22.feet;:thence S 23°16100" W 511,18 feet; thence S 73`31'39" E 271.26 -feet; thence S 60'45'15" E 186.00 feet; thence S 87'53'52" E 59.11 feet; thence S 27604'18" E 301.65 feet; thence N 67612'00" E 374.00 reet; thence S 54°16'58" E 118.54 feet; thence S 10'01'09" W .;:_176.11.•feetl thence N 81652'08" E 149.70 feet; thence S 80630'17" E ;_ 196.08 feet; thence S 83'10'16" E 290.65 feet; thence N 75'56'09" F '::189`.05 feat; thence N 77'09'29" E 19.69 feet; to the northerly line of -'said Lot 4;.thence S 89'52'31" E 446.58 feet along said northerly line to the northeast corner of said Lot 4; thence S 00°37'26" W 693.34 ;;;.feet along the easterly line of said Lot 4; thence N 67'17'13" W '71878.13 feet; thence N 50617'30" W 493.99 feet/ thence N 65657'05" W ,198.87 feet; thence N 28635'11" W 405.45 feet to the point of -.;.beginning, containing 19.663 acres more or less. Subject to, but not limited to, easements shown on this plat for ditches, road occc!ss io lot E3, and well easement. Legal Description "Pa ce1.B A parcel of lard situate in the 74 1/2 SE 1/4 ant the -St f/4 SE 1/4, Section 13s Ttsensisip 5 South, Range 91 West and Lot . 4, Section 18, Mensitip i :ice.° 90 West of the Sixth principal -Meridian all in thestiexintyiorAlarfiel4,Stabe of Colorado 1yfr eas ly off ., the east; J "' :lists of a County. -ronstr.nctedT and in Places an $ easterly lire of said Lot 4 mare Manly Baqizslis4rat-A:pOint on said easterly ref y line Whence the bra> fOri/4= - of sad tion 13 beard- H- 56 ° 22.00 E 1738.39-feetr:thenoealOng said easterly right -of- vay:#tom following 3 courses; ('1 k . 3. 30.36°28 48.06 feet; thence (2) 1/-35,10'.13' E 169.58 ., f t i : themor f 31 301'.02 feet along the - arc of a 1650.10 -foot radii toy :tl 'left. havinc a centra/ . angle of 10°27'08" and subt ing a .dui bearing t4 29'56'39" E 300.61 feet; thence S 29.354114'E '406.45 feet; thence S 65'51'05° E 198.87 feet; thence S 50°1713Or B 493.99 feet; thence S 67°17'13" E 1878.13 feet to the easterly.line of said Lot 4; thence S 00'37'26° W 559.2" feet along said easterly liner thence N 60°29'54" W 1507.18 feet to a point cn the westerly line of said Lot 4; thence N 00609'30" E 102.66 feet aloe said westerly line; thence N 51-02'00" W 1169.66 feet; thence N 88°15'00" W 533.47 feet to the point of beginning, containing 19.663 acres more or less. Subject to, but not limited to., ditch easement, together with easements for access and well . as shown on this plat.