HomeMy WebLinkAbout5.0 Resolution 2002-691111111 illi I I III 1111111111111
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STATE OF COLORADO )
)ss
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
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
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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
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
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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
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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.
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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
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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