HomeMy WebLinkAbout4.0 Resolution 83-89STATE OF COLORADO ) Records.,
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County of Garfield )
At a regular meeting of the Board of,County
Commissioners for Garfield County, Colorado, held at -the Commissioners
Annex in Glenwood Springs on' Monday the 28th day
of March A.D. 1983 there were present:
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Recept:on No. 340336 6 MILDRED ALSDORF, RECORDER.
Eugene "Jim" Drinkhouse
Larry Velasquez (absent)
Flaven J. Cerise
Earl Rhodes
Mildred Alsdorf
r
when the following proceedings, among others
Commissioner Chairman
Commissioner
Commissioner
County Attorney
Clerk of the•Board
were had and done, to -wit:
Resolution No. 83-89
A RESOLUTION GRANTING AN EXENPTION FROM THE. GARFIELD COUNTY SUBDIVISION:
REGULATIONS FOR WES AND JUDY BURKE-ANDGARY ROBERTS.
WHEREAS, Wes and Judy Burke and Gary Roberts 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) and 3.02 01 for the division of a 6.862 acre tract
described as follows: NW 1/4 SW 1/4 Section 33, Township 5 South, Range
90 West of the 6th Principal Meridian into 2 tracts of approximately 3.655
and 3.207 acres each, more or less, which proposed divided tracts are more
particularly described as follows:
TRACT A:
Beginning at `the west' one -quarter -corner of 'Section 33,
Township 5.South, Range 90 West of the 6th Principal
Meridian, Garfield County, Colorado: thence 5.6`.24'07"E.
430.37 feet along the west line of Section 33 to a point on
the northerly right-of-way line of County Road No. 11;
thence along said northerly right-of-way line the following
two courses: N. 70G 04'40"E. -87.30 feet;' thence N.71?
49141"E. 284.32 feet; thence N. 0°02'22"W. 309.55 feet;
thence 5.89°58'24"W. 400.00 feet along the east/west
centerline of Section 33 to the Point of Beginning.
Containing 3.207 acres, more or less. SAID TRACT "A" being
subject to a twenty foot wide access easement the centerline
of which is described as follows: Beginning at a point on
the east line of Tract A whence the soateast corner of Tract
A- bears 5..0'021-22"E, 87.44 feet; thence N. 87"52' 00'W. 125.39
feet; thence.N.67`30'00"W. 52.50 feet; thence N.16°10'00"W.
28.50 feet; thence N.67'30'00"E. 196.62 feet to the point of
termination on the east line of said Tract A; the
•right-of-way lines of said twenty foot wide access easement
being shortened or lengthened to lie on said east line of
Tract A. AND ALSO subject to a ten foot wide well and
waterline easement being described as beginning at a point
on the east line of Tract A whence the northeast corner of
.Tract A bears N.0°02'22"W. 65.70 feet; thence S.89 57'38"W.
65.'00 feet; thence S. 0" 02' 22"E. 10.00 feet; thence N. 89`'
57'38"E. 65.00 feet; thence N.0 02'22"W. 10.00 feet to the
Point of Beginning.
TRACT B:
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Beginning at a point on the east/west centerline of Section
33, Township 5 South, Range 90 -West of the 6th Principal
Meridian, Garfield County, Colorado whence the West
one-quarter corner of Section 33 bears S.89458'24"W. 400.00
feet; thence 5.0 02'22"E. 309.55 feet to a point on the
northerly right-of-wai line of County Road No. 11; thence
along said northerly right-of-way line the following three
courses: N.71` 49'41"E. 227.09 feet; thence N.75"34'34"E.
452.30 feet; thence N. 68` 59' 01."E. 282.93 feet; thence N.5''
42'12"E. 25.15 feet along the centerline of an existing
lane; thence S.89 58'24"W. 920.63 feet along the east/west
centerline of Section 33 to the Point of Beginning.
Containing 3.655 acres, more or less. SAID TRACT "B" being
subject to a twenty foot wide access easement the centerline
of which is described as follows: Beginning at a point on
the west line of Tract B whence the southwest corner of
Tract B bears 5.0`02'22"E. 87.44 feet; thence 5.87`52'00"E:
245.11 feet to the point of termination on the southeasterly
property line of Tract B, also being the northerly
right-of-way line of County Road No. 11; the right-of-way
line of said twenty foot wide access easement being
shortened or lengthened to lie on said west line and
southeasterly line of Tract B.
(in the State of Colorado and 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 impact created 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
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;
NOW, THEREFORE, BE IT RESOLVED that the division of the above
described tracts "A" and "B" from the above 6.87 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 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 instrument or instruments of conveyance when recorded shall be •
filed with this Resolution.
ATTEST:'
7 za . (2.e,�i6
Cle k•of the Board
3()Oi( 6.23 ►'r,GE"i f'2
BOARD OF COUNTY CO
ISSIONERS•
GARF.IE.LLD COUNTY, (0IfORA *0
-ma n
Upon motion duly made and seconded the foregoing Resolution was
adopted by the following vote
Eugene "Jim" Drinkhouse Aye
Larry Velasquez (absent)
Flaven J. Cerise Aye
Commissioners
STATE OF COLORADO )
)ss
County of Garfield )
I, , County Clerk and
ex -officio of the Board of County Commissioners in and for the County and
State aforesaid do hereby certify 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 and affixed the seal
of said County, at Glenwood Springs, this day
of A.D. 19
the Board of County Commissioners
County Clerk and ex -officio Clerk of