Loading...
HomeMy WebLinkAbout2.0 Resolution 80-231Recorded ;,t 12- — o'dork .(J P;A: 'FP `? ,2"n Reception No. 307705 MILDRED ALSDORF, ;RECORDER STATE OF COLORADO County of Garfield Ata regular ss. held at the Court House in Glenwood Springs on September A. D. 19 80 BO3K 556 ni3E482 meeting of the Board of County Commissioners for Garfield County, Colorado, Monday the 22nd day of there were present: Larry Velasquez Flaven J. Cerise Arthur A. Abplanalp, Jr. Nancy Sprick Page, Deputy when the following proceedings, among others were had and done, to -wit: Commissioner Chairman Commissioner Chairman Pro -Tem , Commissioner , County Attorney , Clerk of the Board RESOLUTION NO. 80-231 RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE GARFIELD COUNTY SUBDIVISION REGULATIONS FOR BILL AND HEL.LEN DAVIS WHEREAS, Bill and Hellen Davis have petitioned the Board of County Comm- issioners 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 119.3 acre tract described as follows: As described in the office of Clerk and Recorder of Garfield County in Book 468 page 297 document number 273255 into 4 tracts of approximately_ 2, 2, 2, and 6 acres each, more or less, which proposed divided tracts are more particularly described as follows: TRACT A: A parcel of land situated in part of Lot 2 and Lot 3 of Section 30, Town- ship 5 South, Range 90 West of the Sixth Pricipal Meridian, County of Garfield, Colorado; said parcel being more particularly described as follows: Beginning at the West Quarter Corner of said Section 30, a sandstone in place and properly marked; thence N 00°12'35" E. 309.81 feet along the Westerly line of said Section 30, to the Southerly bank of an existing irrigation ditch; thence leaving said Westerly line S 61°07'28"E. 55.72 feet along the Southerly bank of said ditch; thence along the Southerly bank of said ditch N 74°43'29" E. 60.06 feet; thence along the Southerly bank of said ditch S 71°42'21" E. 98.08 feet; thence leaving the Southerly bank of said ditch S 00°08'56" W. 580.41 feet to a point on the centerline of an existing irrigation ditch• thence along said centerline of said ditch N 74°46'29" W 32.41 feet; thence along said centerline of said ditch S 82°07'26" W. 141.01 feet: thence along said centerline of said ditch S 36°45'33" W. 43.69 feet to a point on the Westerly line of said Section 30; thence leaving said centerline of said ditch N 00°05'47" E. along the West- erly line of said Section 30, 362.29 feet to the Point of Beginning, con- taining 2.78 acres, more or less. Together with the following described 20.00 foot access easement: A strip of land being 20.00 feet in width, 10.00 feet either side of the following described centerline: Commencing at said West Quarter Corner of Section 30; thence S 06°14'07" E. 1342.89 feet to a point on the Southerly line of said Lot 3 of Section 30, the True Point of Beginning; thence N 00°29'02" W. 267.79 feet; thence N 23°58'22"E 105.63 feet; thence N 21°09'40" E. 173.55 feet: thence N 57°23'58" E. 139.79 feet; thence N 45°07'51" E. 287.84 feet; thence N 54°58' 52" W. 269.93 feet; thence N 85°02'21" W. 43.58 feet; thence N 48°09'14" W 87.26 feet; thence N 74°46'29"W. 43.46 feet to the Terminus (whence said West Quarter Corner of Section 30 bears N 33°26'20"W. 362.04 feet). TRACT B: A parcel of land situated in part of Lot 2 and Lot 3 of Section 30, Township 5 South, Range 90 West of the Sixth Pricipal Meridian, County of Garfield, State of Colorado; said parcel being more particularly described as follows: Commencing at the West Quarter Corner of said Section 30, a sandstone in place and properly marked: thence S 32°33'12" E. 370.71 feet to a point on the centerline of an existing irrigation ditch, the True Point of Beginning; thence leaving said centerline of said ditch N 00°08'56" E. 580.41 feet to a point on the Southerly bank of an existing irrigation ditch; thence BOOK 556 Pac€483 S 71°42'21" E. along said Southerly band 14.02 feet; thence S 19°53'01" E along said Southerly bank 155.24 feet; thence N 83°44'51"E. along said Southerly bank 65.56 feet; thence S 80°49'44"E along said Southerly bank 66.05 feet; thence N 63°57'11" E. along said Southerly bank 571.28 feet; thence leaving said Southerly bank of said ditch S 00°08'56" W. 485.95 feet to a point on the centerline of an existing irrigation ditch; thence S 66°13'53" W. along said centerline 98.25 feet; thence N 85°02'21"W. along said centerline 55.71 feet; thence N 48°09'14"W. along said centerline 88.23 feet; thence N. 74°46'29"W. along said centerline 38.40 feet to the True Point of Beginning, containing 2.87 acres more or less. Together with an subject to the following described 20.00 foot access easement: A strip of land being 20.00 feet in width, 10.00 feet either side of the following described centerline: Commencing at said West Quarter Corner of Section 30; thence S. 06°14'07" E. 1342.89 feet to a point on the Southerly line of said Lot 3 of Section 30, the True Point of Beginning; thence N 00°29'02"W 267.79 feet; thence N 23°58'22" E. 105.63 feet; thence N 21°09'40" E. 173.55 feet; thence N 57°23'58"E. 139.79 feet; thence N 45°07'51"E 287.84 feet; thence N 54° 58' 52" W. 269.93 feet; thence N 85°02'21" W. 43.58 feet; thence N 48°09'14"W 87.26 feet; thence N 74°46'29"W. 43.46 feet to the Terminus ( whence said West Quarter Corner of Section 30 bears N 33°26'20" W. 362.04 feet). Parcel C: A parcel of land situated in part of Lot 3 of Section 30, Township 5 South, Range 90 West of the Sixth Pricipal Meridian, County of Garfield, State of Colorado; said parcel being more particularly described as follows: Commencing at the West Quarter Corner of. said Section 30, a sandstone in place and properly marked; thence S 41°43'24" E. 1140.46 feet to a point in an existing fence line, the True Point of Beginning; thence leaving said fence line N 89°49'25" E. 565.40 feet to a point on the Easterly line of said Lot 3; thence S 00°13'53" E. along said Easterly line 481.86 feet to the Southeast Corner of said Lot 3; thence along the Southerly line of said Lot 3 S 89°49'25" W. 535.73 feet to a point lying on an existing fence line extended; thence leaving said Southerly line N 04°06'35" W. along said extended line and said fence line 483.00 feet to the True Point of Beginning, containing 6.07 acres, more or less. Together with the following described 20.00 foot access easement: A strip of land being 20.00 feet in width, 10.00 feet either side of the following described centerline: Commencing at said West Quarter Corner of Section 30; thence S 06°14'07"E. 1342.39 feet to a point on the Southerly line of said Lot 3 of Section 30, the True Point of Beginning; thence N23°58'22"E. 105.63 feet: thence N 21°09'40" E. 173.55 feet; thence N 57°23'58" E. 139.79 feet; thence N 45° 07'51" E. 287.84 feet; thence S 63°23'19"E. 247.11 feet; thence S 37°16' 06"W. 57.22 feet; thence S 04°06'35"E. 164.96 feet to the Terminus ( whence said West Quarter Corner of Section 30 bears S 42°05'53" E. 1147.13 feet). A parcel of land situated in part of Lot 3 of Section 30, Township 5 South, Range 90 West of the Sixth Principal Meridian, County of Garfield, State of Colorado, said parcel being more particularly described as follows: Parcel D: A parcel of land situated in part of Lot 3 of Section 30, Township 5 South, Range 90 West of the Sixth Pricipal Meridian, Coutny of Garfield, State of Colorado, said parcel being more particularly described as follows: Commencing at the West Quarter Corner of said Section 30, a sandstone in place and properly marked; thence S 41°43'24" E. 1140.46 feet to a point in an existing fence line, the True Point of Beginning; thence N 04°06'35"W. along said fence line 168.04 feet; thence N37°16'06" E. along said fence line 59.12 feet; thence leaving said fence line N 89°49'25" E 540.78 feet to a point on the Easterly line of said Lot 3 of Section 30, thence S 00°13'53" E along said Easterly line 214.58 feet; thence leaving said Easterly line S 89° 49'25" W. 565.40 feet to the True Point of Beginning;containing 2.80 acres, more or less. Together with and subjectto the following described 20.00 foot access easement: BOOK 556 eacE4b4 A strip of land being 20.00 feet in width, 10.00 feet either side of the following described centerline: Commencing at said West Quarter Corner of Section 30; thence S 06°14'07" E. 1342.89 feet to a point on the Southerly line of said Lot 3 of Section 30, the, True Point of Beginning; thence N 00°29'02" W. 267.79 feet; thence N 23°58'22"E. 105.68 feet; thence N 21°09'40" E. 173.55 feet; thence N 57° 23'58" E 139.79 feet; thence N. 45°07'51" E. 287.84 feet; thence S 63° 23'19" E. 247.11 feet; thence S 37°16'06"W. 57.22 feet; thence S 04°06' 35" E. 164.96feet to the Terminus (whence said West Quarter Corner of Section 30 bears S 42°05'53" E. 1147.13 feet). 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 a full sub- division review. 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 permit- ted 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 "sub- division" 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", "C", and "D", from the above described 119.3 acre tract is hereby exempted from such definitions and said tract may be divided into tracts "A", "B", "C", and "D", 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 sub- division 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", "B", "C",and "D", and that a copy of the instrument or instruments of conveyance when recorded shall be filed with this Resolution. THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO By: t t1 ATTEST: 1/11111L. L(CL i7.t aC.- De uty C,erle-of the Boa of County Commissioners Garfield County, Colorado haisman Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: Larry Velasquez Aye Flaven J. Cerise Aye Aye STATE OF COLORADO County of Garfield ss Commissioners I, , County Clerk and ex -officio Clerk of the Board of County Commissioners 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.