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HomeMy WebLinkAbout5.0 Resolution 2002-691111111 illi I I III 1111111111111 606725 V/09/2002 03:41P B13,. 587 M ALSDORF 1 of 4 R 0.00 D 0.00 GARFIELD COUNTY CO STATE OF COLORADO ) )ss County of Garfield ) • 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 Monday, the 8th day of July, 2002 , there were present: John Martin Larry McCown Walt Stowe Don DeFord Mildred Alsdorf Ed Green , Commissioner Chairman , Commissioner , Commissioner , County Attorney , Clerk of the Board , County Manager when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 2 0 0 2- 6 9 A RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE GARFIELD COUNTY SUBDIVISION REGULATIONS FOR BETH E. BROCK. WHEREAS, Beth E. Brock 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 44.664 acre tract as described in Book 360, Page 84, as filed in the Offices of the Clerk and Recorder of Garfield County, Colorado, into three (3) tracts of approximately 4.368, 5.547 and 34.749 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 11111111111 P11111 1111111111111 IIIIlI 11111 1111 1111 • /2002 03:41P B13688 11 ALSDORF 2 of 4 R 0.00 D 0.00 GARFIELD COUNTY CO 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 44.664 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 8th day of July, A.D. 2002 ATTEST: GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFIELD COUNTY, COLORADO Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: CO , Aye COMMISSIONER WALTER A. STOWE ,Aye COMMISSIONER LARRY L. MCCOWN ,Aye STATE OF COLORADO ) )ss County of Garfield ) 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 July, A.D. 2002 County Clerk and ex -officio Clerk of the Board of County Commissioners 1111111 IIII 111111 11111 1111111111111111 III 11111 1111 I11I 606725 07/09/2002 03:41P B1368 P589 M ALSDORF 3 of 4 R 0.00 D 0.00 GARFIELD COUNTY CO 1111111 ;� iiiiiui 1111inii6 590 M imiggii 3:41P i 4 of 4 R 0.00 D 0.00 GARFIELD COUNTY CO LOT1 A PARCEL OF LAND SITUATE IN THE W1/2NW1/4 OF SECTION 19, TOWNSHIP 6 SOUTH, RANGE 93 WEST OF THE SIXTH P.M., COUNTY OF GARFIELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER 1/4 CORNER OF SAID SECTION 19 A REBAR AND CAP LS NO. 195981N PLACE; THENCE S89 °24'29"W ALONG THE CENTERLINE OF SAID SECTION 19, 1321.38 FEET TO THE WEST CENTER 1/16 CORNER OF SAID SECTION 19, AN ALUMINUM CAP LS NO. 31143 SET IN PLACE THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID CENTERLINE S89 24'29 "W 274.15 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY OF COUNTY ROAD NO. 321, A REBAR AND CAP LS NO. 31143 SET IN PLACE; THENCE DEPARTING SAID CENTERLINE AND CONTINUING ALONG SAID NORTHERLY RIGHT-OF-WAY N89°09'54"W 715.95 FEET TO A REBAR AND CAP LS NO. 31143 SET IN PLACE; THENCE DEPARTING SAID NORTHERLY RIGHT-OF-WAY N00 "23'13"W 1306.37 FEET TO A POINT ON THE SOUTHERLY LINE OF THE NWI/4.YW1 /4 OF SAID SECTION 19 A REBAR AND CAP LS NO. 31143 SET IN PLACE; THENCE N89°2 7'14"E ALONG SAID SOUTHERLY LINE 526.83 FEET TO A REBAR AND CAP LS NO 31143 SET IN PLACE; THENCE DEPARTING SAID SOUTHERLY LINE 1f0031'16"W 460.00 FEET TO A REBAR AND CAP LS NO. 31I43 SET IN PLACE; THENCE N8925'24 "E 460.00 FEET TO A POINT ON. THE EASTERLY LINE OF SAID NWT/ 4NW1 /4 A REBAR AND CAP LS NO. 31143 SET IN PLACE; THENCE 50031 '16 E ALONG SAID EASTERLY LINE 460.00 FEET TO THE NORTHWEST 1/ 16 CORNER OF SAID SECTION 19 AN ALUMINUM CAP LS NO. 31143 SET IN PLACE; THENCE DEPARTING SAID EASTERLY LINE S00 31'16'E ALONG THE EASTERLY LINE OF THE SW1 / 4NW1 / 4 SAID SECTION 19, 1323.64 FEET TO THE TRUE POINT OF BEGINNING, SAID PARCEL OF LAND CONTAINING 34.749 ACRES, MORE OR LESS. SUBJECT TO AND TOGETHER WITH A 20 FOOT WATER LINE AND IRRIGATION EASEMENTS FOR THE PURPOSE OF ACCESS, MAINTENANCE AND REPAIR TO INCLUDE A 20 FOOT RADIUS EASEMENT FROM THE CENTER OF THE EXISTING WELL FOR TTM PURPOSE OF ACCESS, MAINTENANCE AND REPAIR AS SHOWN HEREON. ALSO TOGETHER WITH A 25 FOOT ACCESS EASEMENT THROUGH LOT 2 AND LOT 3 AS SHOWN HEREON. LOT2 A PARCEL OF LAND SITUATE IN THE SWI/4NW1/4 OF SECTION 19, TOWNSHIP 6 SOUTH, RANGE 93 WEST OF THE SIXTH P.M., COUNTY OF GARFIELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCWG AT THE CENTER' 1/ 4 CORNER OF SAID SECTION 19 A REBAR AND CAP LS NO. 195981N PLACE;; THENCE S8924'29"W ALONG THE CENTERLINE OF SAID SECTION 19, 1321.38 FEET TO 774E WEST CENTER I/ 16 CORNER OF SAID SECTION 19, AN ALUMINUM CAP LS NO. 31143 SET IN PLACE; THENCE CONTINUING ALONG SAID CENTERLINE 58924 29"W 274.15 FEET PO A POINT ON ThhE NORTHERLY RIGHT -OF --WAY OF COUNTY ROAD NO. 321, A REBAR AND CAP LS NO. 31143 SET IN PLACE; THENCE DEPARTING SAID CENTERLINE AND CONTINUING ALONG SAID NORTHERLY RIGHT-OF-WAY N89"09'54"W 715.95 FEET TO A REAR AND CAP LS NO. 31143 SET IN PLACE THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID NORTHERLY RIGHT-OF-WAY N89°09'54141 251.86 FEET; THENCE CONTINUING ALONG SAID NORTHERLY RIGHT-OF-WAY ALONG THE ARC OFA CURVE TO TIM LEFT HAVING A RADIUS OF 253.85 FEET, AN ARC LENGTH OF 82.14 FEET (CHORD BEARS 57627'24"W 81.78 FEET) TO A POINT ON THE WESTERLY LINE OF SAID SECTION 19 (WHENCE THE WEST I/ 4 CORNER BEARS S0021'38"E 5.77 FEET); THENCE DEPARTING SAID NORTHERLY RIGHT-OF-WAY NO0 21'38"W ALONG SAID WESTERLY LINE 588.69 FEET 7V A REBAR AND CAP LS NO. 31143 SET IN PLACE; THENCE DEPARTING SAID WESTERLY LINE N89'26'36"E 331.17 FEET; THENCE S00'23'13 "E 576.43 FEET TO THE TRUE POINT OF BEGINNING SAID PARCEL OF LAND CONTAINING 4.368 ACRES, MORE OR LESS. SUBJECT TO AND TOGETHER WITH 20 FOOT WATER LINE AND IRRIGATION EASEMENTS FOR THE PURPOSE OF ACCESS, MAINTENANCE AND REPAIR 7O INCLUDE A 20 FOOT RADIUS EASEMENT FROM THE CENTER OF THE EXISTING WELL FOR THE PURPOSE OF ACCESS, MAINTENANCE AND REPAIR AS SHOWN HEREON. ALSO TOGETHER WITHA 25 FOOT ACCESS EASEMENT AS SHOWN HEREON. LOT 3 A PARCEL OF LAND SITUATE IN THE SWI /4NW1 / 4 OF SECTION 19, TOWNSHIP 6 SOUTH, RANGE 93 WEST OF THE SIXTH P.M., COUNTY OF GARFIELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER 1/4 CORNER OF SAID SECTION 19 A REBAR AND CAP LS NO. 19598 IN PLACE; THENCE S89 °24'29"W ALONG THE CENTERLINE OF SAID SECTION 19, 1321.38 FEET TO THE WEST CENTER 1/16 CORNER OF SAID SECTION 19, AN ALUMSNUM CAP LS NO. 31143 SET IN PLACE; THENCE CONTINUING ALONG SAID CENTERLINE S89 '24.29"W 274.15 FEETIO A FONT ON THE NORTHERLY RIGHT-OF-WAY OF COUNTY ROAD NO. 321, A REBAR AND CAP LS NO. 31143 SET IN PLACE; THENCE DEPARTING SAID CENTERLINE AND CONTINUING ALONG SAID NORTHERLY RIGHT-OF-WAY N89"09'S4 "W 715.95 FEET TOA REBAR AND CAP LS NO. 31143 SET IN PLACE; THENCE DEPARTING SAID NORTHERLY RIGHT-OF-WAY N00 °23'13"W 576.43 FEET A REBAR AND CAP LS NO. 31143 SET IN PLACE THE TRUE POINT OF SEG11 G; THENCE S8926'36"W 331.17 FEET TO A POINT ON THE WESTERLY LINE OF SAID SECTION 19 A REBAR AND CAP LS NO. 31143 SET IN PLACE; THENCE N0021'38"W ALONG SAID WESTERLY LINE 730.00 FEW' TO THE NORTH 1/ 16 CORNER BETWEEN SEC,T%ONS 19 AND 24 A REBAR AND CAP LS NO. 31143 SET IN PLACE; THENCE DEPARTING SAID WESTERLY LINE N89`27'14"E ALONG THE NORTHERLY LINE OF SAID SWI/4NW1 /4 330.84 FEET TO A REBAR AND CAP LS NO. 31143 SET IN PLACE; THENCE DEPARTING SAID NORTHERLY LINE S00 °23'13'7✓ 729.94 FEET 7r THE TRUE POINT OF BEGINNING, SAID PARCEL OF LAND CONTAINING 5.547 ACRES, MORE OR LESS. TOGETHER WITH A 20 FOOT WATER LINE AND IRRIGATION EASEMENTS FOR THE PURPOSE OF MAINTENANCE AND REPAIR TO INCLUDE A 20 FOOT RADIUS EASEMENT FROM THE CENTER OF THE EXISTING WELL FOR THE PURPOSE OF ACCESS, MAINTENANCE AND REPAIR AS SHOWN PMREON. ALSO TOGETHER WITH 25 FOOT ACCESS EASEMENT AS SHOWN HEREON. • • GARFIELD COUNTY Building and Planning Department February 7, 2002 Ms. Beth E. Brock 0631 County Road 321 Rifle, CO 81650 Re: Brock Subdivision Exemption Dear Beth: The purpose of this letter is to inform you that your client's request for an exemption from the rules of subdivision has been scheduled for a public meeting before the Board of County Commissioners. The public meeting will occur at 10:00 a.m., on Monday, March 25, 2002, in the Garfield County Courthouse, Commissioners Hearing Room, Suite 301, 109 8th St., Glenwood Springs. The applicant shall be solely responsible for the publication, posting and mailing of all notices and shall present proof of publication and mailing at or before the meeting. Notice for the meeting shall be given as follows: (1) Notice by publication, including the name of the applicant, description of the subject lot, a description of the proposed exemption and nature of the meeting, and the date, time and place for the hearing shall be given once in a newspaper of general circulation in that portion of the County in which the subject property is located at least thirty (30) but not more than sixty (60) days prior to the date of such meeting, and proof of publication shall be presented at hearing by the applicant. (2) Notice by mail, containing information as described under paragraph (1) above, shall be mailed to all owners of record as shown in the County Assessor's Office of lots within two hundred feet (200') of the subject lot and to all owners of mineral interest in the subject property at least thirty (30) but not more than sixty (60) days prior to such meeting time by certified return receipt mail, and receipts shall be presented at the meeting by the applicant. (3) The site shall be posted such that the notice is clearly and conspicuously visible from a public right-of-way, with notice signs provided by the Planning Department. The posting must take place at least thirty (30) but not more than sixty (60) days prior to the hearing date and is the sole responsibility of the applicant to post the notice, and ensure that if remains posted until and during the date of the hearing. Please use the attached notice for the publication and mailings. Please use the attached sign to post the property. Failure to complete the above stated noticing requirements will require re- Ph:62500916 144'/ E. 3rd Street, Suite 208 Rifle, CO 81650 www.garfield-county.com • • noticing for a future hearing. It is your responsibility to ensure the legal description you provided to this office, included in this notice, is accurate. Please do not hesitate to contact me in the event you have any questions. Sincerely, Kit Lyon Senior Planner Ph:62500916 144 '/2 E. 3rd Street, Suite 2(0 Rifle, CO 81650 www.garfield-county.com