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HomeMy WebLinkAbout4.0 Resolution 80-282Booz 560 pAu 7'51 STATE OF COLORADO t�Ot� 5 Rra County of Garfield Reception too. 9i�r1._Mi NED ALSD©Ri=, RLCORt.s.:R At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held at the Court House in Glenwood Springs on....Monday , the 24th day of November A. D. 19....8.0 , there were present: Rich.ax:d. C., .JQl.l.e..y , Commissioner Chairman Larry Velasquez , Commissioner , Commissioner ....Arthur...A Abplaxl.a.l.R., Jx.R , County Attorney ....Mil dr.e.4 ... agg?.Qxf , Clerk of the Board when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 80-282 RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE GARFIELD COUNTY SUBDIVISION REGULATIONS FOR SEBASTIAN J. BRUNGS WHEREAS, Sebastian J. Brungs 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, 30-28-101 (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 156.4 acre tract described as follows: that parcel of land as described in Document No. 244831 as filed in the Office of the Clerk and Recorder of Gar- field County, Colorado, into 4 tracts of approximately 17.5, 17.5, 17.5, and 103.9 acres each, more or less, which proposed divided tracts are more particularly des- cribed as follows: TRACT A: A portion of Lot 7 and the SE4SW4 of Section 6 and the NE4NW4 of Section 7, Township 5 South, Range 90 West of the Sixth Principal Meridian, more particularly described as follows: Commencing at an iron post and brass cap properly marked and found in place for the Witness Corner to the Southwest Corner of said Section 6; thence N 00°55'59" E. 66.00 feet to the true Southwest Corner of said Section 6; thence along the West Line of said Section 6 N. 00°26'04" E. 1238.81 feet to the True Point of Beginning; thence S. 68°39'16" E. 2372.96 feet to a point in the centerline of East Elk Creek; thence along said centerline S. 47°07'42" W 347.35 feet; thence along said centerline S. 64°10'27"W. 141.53 feet; thence along said centerline S. 56°30'18" W. 95.69 feet; thence along said centerline S. 33°20'23" W. 57.79 feet; thence leaving said centerline N. 56°23'34" W. 2062.29 feet to the West Line of said Section 6; thence along said West line N. 00°26'04" E. 121.34 feet to the True Point of Beginning; containing 17.50 acres, more or less. TRACT B: A portion of Lot 7, the SE4SW4, and the SW4SE1 of Section 6, Township 5 South, Range 90 West of the Sixth Principal Meridian, more particularly described as follows: Commencing at an iron post and brass cap properly marked and found in place for the Witness Corner to the Southwest Corner of said Section 6; thence N. 00°55"59" E. 66.00 feet to the true Southwest Corner of said Section 6; thence N. 00°26'04" E. 1279.40 feet to the True Point of Beginning; thence S. 80°59'45" E. 2548.45 feet to a point in the centerline of East Elk Creek; thence along said centerline S. 13°51'23" W. 133.03 feet; thence along said centerline S. 17°52'45" W. 75.41 feet; thence along said centerline S. 37°05'57" W. 296.54 feet; thence along said centerline S. 47°07'42" W. 100.00 feet; thence leaving said centerline N. 68°39'16" W. 2372.96 feet to the West Line of said Section 6; thence along said West Line N. 00°26'04" E. 40.60 feet to the True Point of Beginning; containing 17.50 acres, more or less. TRACT .C: A portion of Lot 7, the SE4SW 4j and the SW4SE 4 of Section G; 6O 'rA E 752 Township 5 South, Range 90 West of the Sixth Principal Meridian, more particularly described as follows: Board of division Colorado Commencing at an iron post and brass cap properly marked and found in place for the Witness Corner to the Southwest Corner of said Section 6; thence N. 00°55'59" E. 66.00 feet to the True Southwest Corner of said. Section 6; thence N. 00°26'04" E. 1320.00 feet along the West Line of said Section 6 to the Northwest Corner of said Lot 7, the True Point of Beginning; thence along the North line of said Lot 7 and said SE4SW4 of Section 6 N. 87°45'18" E. 2451.89 feet to the Northeast Corner of said SE4SW4 Section 6; thence along the North line of said 'SW4SE4 Section 6 N. 87°46'29" E. 172.12 feet to a point in the centerline of East Elk Creek; thence along said centerline S. 19°12'06" W. 58.08 feet; thence along said centerline S. 04° 16'48" E. 119.83 feet; thence along said centerline S. 13°01'55" E. 82.66 feet; thence along said centerline S. 34°11'22" W. 198;95 feet; thence along said centerline S. 00°00'07" W. 114.86 feet; thence along said centerline S. 13°51'23" W. 8.10 feet; thence leaving said centerline N. 80°59'45" W. 2548.45 feet to the West Line of said Section 6; thence along said West Line N. 00°26'04" E. 40.60 feet to the True Point of Beginning; con- taining 17.50 acres more or less. (in the State of Colorado and County of Garfield); and WHEREAS, the Petitioner has demonstrated to the satisfaction of the County Commissioners of Garfield County, Colorado, that the proposed does not fall within the purposes of Part 1, Article 28, Title 30, Revised Statutes 1973, as amended, for the reason that the impact created is not large enough to proceed through the full 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; NOW, THEREFORE, BE IT RESOLVED that the division of the above described tracts "A", "B", and "C" from the above described 156.4 acre tract is hereby exempted from such definitions and said tract may be divided into tracts "A", "B", and "C", 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 statutues and regulations; provided, however, that this exemption is granted on the condition and with the express understanding and agreement of the Petitioner that no further exemptions,be allowed on said tracts "A", "B", and "C" , and that a copy of the instrument or instruments of conveyance when recorded shall be filed with this Resolution. ATTEST: Upon motion duly made and seconded the foregoing Richard .C._ J.°'ley Lar, v.ela.s.quez BOARD OF COUNTY COMMISSIONERS 9 Clerk By`t n -" \ 1 "77 -,`Pr, '% Chairman Resolution was adopted by the following vote: STATE OF COLORADO ss County of Garfield Aye Aye Aye Commissioners 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 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 County Clerk and ex -officio Clerk of the Board of County Commissioners.