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Home My WebLink About5.0 Resolution 97-10} STATE OF COLORADO County of Garfield • 111111111111111111111111U111111111111111111111111111 504850 02/21/1997 10:48A B1009 P795 447 1 of 5 R 0.00 D 0.00 N 0.00 GARFIELD COUNTY CLER )ss 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 Tuesday , the 18th of February A.D. 19 97 , there were present: Marian I. Smith John Martin Larry McCown Don DeFord Mildred Alsdorf Chuck Deschenes , Commissioner Chairman , Commissioner , Commissioner , County Attorney , Clerk of the Board , County Administrator when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 97-10 A RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE GARFIELD COUNTY SUBDIVISION REGULATIONS FOR C.A. & IDA BETZ. WHEREAS, C.A. and Ida Betz 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 9.593 acre tract as described in Book 305, Page 170, as filed in the Offices of the Clerk and Recorder of Garfield County, Colorado, into two parcels of approximately 7.225, and 2.368 acres each, more or less, which proposed divided tracts are more practically described as follows: Lot 1: Lot 2: See Attached See Attached (in the State of Colorado and the County of Garfield); and r 11111115048i0 i 111111e 111111io 11111si n 2 of 5 R 0.00 D 0.00 N 0.00 GARFIELD COUNTY CLER 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 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 Lots "1" and "2" from the above described 9.593 acre tract is hereby exempted from such definitions and said tract may be divided into said Lots "1" and "2" and may be conveyed in the form of such Lots "1" and "2" all as is more fully described above and that a copy of the instrument or instruments of conveyance, when recorded, shall be filed with this Resolution. Dated this20th day of February , A.D. 19 97 ATTEST: GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFIELD COUNTY, COLORADO Clerk of the Board Chairman Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: Chairman Marian I_ Smith Commissioner John F Martin CommissinnPr Tarry r McCown , Aye , Aye , Aye • nnnnyy111111nnn11111111iiiiiiii48A ii447 STATE OF COLORADO )ss County of Garfield 3 of 5 R 0.00 D 0 00 N 0.00 GARFIELD COUNTY CLER 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 , A.D. 19 County Clerk and ex -officio Clerk of the Board of County Commissioners • 1111111 11111 111111 11111 1111110 111111111 1111111 111 504850 02/21/1997 10:4 1009 P798 447 4 of 5 R 0.00 D 0.00 N 0.00 GARFIELD COUNTY CLER LOT 1 A PARCEL OF LAND SITUATED IN GOVERNMENT LOT 4 OF SECTION 6, TOWNSHIP 6 SOUTH, RANGE 89 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO; SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SECTION 34, TOWNSHIP 5 SOUTH, RANGE 89 WEST OF THE SIXTH PRINCIPAL MERIDIAN, A G.LO. BRASS CAP STANDARD MONUMENT IN PLACE, SAID CORNER ALSO BEING AT THE NORTH UNE OF SAID LOT 4, TOWNSHIP 6 SOUTH, RANGE 89 WEST OF THE SIXTH PRINCIPAL MERIDIAN; THEN N.89'S0'00"E. ALONG THE NORTH LINE OF SAID LOT 4, A DISTANCE OF 352.83 FEET TO A REBAR AND ALUMINUM CAP; THEN S.1919'00"E. A DISTANCE OF 197.07 FEET TO A REBAR AND CAP, PLS 1 29030; THEN S.28'20'00"E, A DISTANCE OF 136.00 FEET TO A REBAR. AND CAP, PLS 1 29030; THEN N.61'40'00"E. A DISTANCE OF 60.50 FEET; THEN S.28'20'00"E. A DISTANCE OF 20.00 FEET, THEN S.61'4C'00"N. A DISTANCE OF 60.50 FFFT TO A RE9AR AND CAP, PLS 1 29030; THEN S.2820'00"E. A DISTANCE OF 78.50 FEET (FROM WHICH A REBAR AND CAP, PLS 1 29030, WITNESS CORNER BEARS S.7210'00"W. A DISTANCE OF 10.60 FEET); THEN S.72'10'00"W. A DISTANCE OF 131.18 FEET TO A REBAR AND CAP, PLS 1 29030; THEN N.86'42'37"W. A DISTANCE OF 263.32 FEET TO A REBAR AND CAP, PLS 1 7972 AT THE EASTERLY LINE OF THAT PROPERTY DESCRIBED IN BOOK 643 AT PAGE 686 OF THE GARFIELD COUNTY RECORDS; THEN S.89'50'00"W. ALONG THE SOUTHERLY UNE OF SAID PARCEL, A DISTANCE OF 133.52 FEET TO A REBAR AND CAP, PLS # 7972; THEN S.89'08'30"W. ALONG SAID SOUTHERLY LINE, A DISTANCE OF 314.40 FEET; THEN N.01'06'00"W. ALONG THE WESTERLY LINE OF SAID PARCEL, A DISTANCE OF 416.48 FEET TO A REBAR AND CAP, PLS # 29030 AT THE NORTH UNE CF SAID GOVERNMENT LOT 4 OF SECTION 6; THEN `1.89'02'50"E. ALONG SAID NORTH LINE, A DISTANCE OF 314.56 FEET; TO THE PONT CF BEGINNING, SAID PARCEL CONTAINING 7.220 ACRES, MORE OR LESS. • 510114181,11e110111,1211,111.1911111.101:4.11BIli101e19111,1791191 141411,1 11111111 5 of 5 R 0.00 D 0.00 N 0.00 GARFIELD COUNTY CLER LOT 2 A PARCEL OF LAND SITUATED IN GOVERNMENT LOT 4 OF SECTION 6, TOWNSHIP 6 SOUTH, RANGE 89 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO; SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A REBAR AND CAP, PLS # 7972 AT THE EASTERLY LINE OF THAT PROPERTY DESCRIBED IN BOOK 643 AT PAGE 686 OF THE GARFIELD COUNTY RECORDS FROM WHICH THE SOUTHWEST CORNER OF SECTION 34, TO5 SOUTH, RANGE WEST OF THE SIXTH PRINCIPAL MERIDIAN, A G.L.O. BRASS CAPIP STANDARD MONUMENT89 IN PLACE, BEARS N.18'44'47"W. A DISTANCE OF 439.87 FEET; THEN 5.86142'37"E. A DISTANCE OF 263.32 FEET TO A REBAP, D THEN N.72'10'00"E. A DISTANCE OF 131.18 FEET (FROM WHICH AA R, PLS EBAR AND 030; CAP, PLS # 29030, WITNESS CORNER BEARS S.7210'00"W. A DISTANCE OF 10.60 FEET); THEN S.28120'00"E. A DISTANCE OF 60.00 FEET TO A REBAR AND CAP, PLS # 29030;; THEN S.2620'00"E. A DISTANCE OF 160.05 FEET TO A REBAR AND CAP, PLS # 29030;; THEN S.0216'00"E. A DISTANCE OF 3.62 FEET TO A REBAR AND CAP, PLS # 29030;; THEN 5.79' ' FEET; THEN S.13'06'21 "t. A DISTANCE 27 54"W. A DISTANCE OF 153.86 ..E OF 153.04 FEET TO A REBAP, AND CAP, PLS # 29030;; THEN S.89'50'06"W. A DISTANCE OF 155.54 FEET; THEN 14.3125'00"W. A DISTANCE OF 412.98 FEET; TO THE POINT OF BEGINNING, SAID FARCEL CONTAINING 2.368 ACRES, MORE OR LESS. GARFIELD COUNTY Building and Planning March 19, 1996 Mr. C.A. Betz 0355'County Road 132 Glenwood Springs, CO 81601 RE: Subdivision Exemption Approval Dear Mr. Betz, On Monday, March 18, ,1996; the Board of County Commissioners conditionally approved your petition for an exemption from the definition of subdivision. The conditions that must be met prior to final approval are as follows: That all representations'of the applicant, either within the application or stated at the' meeting before the Board of County Commissioners, 'shall be considered conditions of approval. A Final Exemption Plat shall be submitted, indicating the legal description of the property, dimension and area of the proposed lots, access to a public right-of-way, and any proposed easements for setbacks; drainage, irrigation, access, water supply or utilities. That the applicant shall have 120 days to present; a plat to the Commissioners for signature, from the date of approval of the exemption. The Board may grant extensionsof up to one (1) year from the original date of approval. That the applicant `shall submit $200.00, in School Impact Fees for the creation of the exemption parcel. That the following plat notes be included: "The minimum defensible space distance shall. be 30 feet on level terrain, plus appropriate modification to recognize: the increased rate of fire spread at sloped sites. The methodology described in"Determining Safety Zone Dimensions, Wildfire Safety Guidelines for Rural Homeowners,", (Colorado; State Forest,Service) shall be used todetermine` defensible space requirements for the required defensible `space within building envelopes in areas exceeding five (5) percent grade. "Upon adoption of road impact fees by the Board of County Commissioners; the lots created by this exemption shall be subject to paying the fees, paid at time of f building ;permit; application, paid by the building permit applicant." "Soil conditions on the site may require` engineered building foundations.",. 109 8th Street, Suite 303 945-8212/285-7972 ` Glenwood Springs, Colorado 81601 The control of noxious weeds shall be the responsibility of the landowner. The applicant shall receive any necessary driveway permits, for the exemption parcel, from the County Road and Bridge Department,prior to signing of an exemption plat. Prior to final approval, the applicant shall submit either a completed pre -annexation agreement or submit an invoice demonstrating that a water tap has been purchased from the pity of Glenwood Springs. Final approval of the West Glenwood Sanitation District regarding the waste water services and tap willbe; submitted to the Planning Department, prior to the authorization of an exemption plat: If you have any questions regarding these conditions, please do not hesitate to contact this'office.‘ Sincerely, Eric D. McCafferty Garfield County Planner