HomeMy WebLinkAbout4.0 Resolution 96-37•
494612 B-982 P-184 06/18/96 01:17P PG 1 OF 3 REC DOC NOT
MILDRED ALSDORF GARFIELD COUNTY CLERK AND RECORDER 0.00
STATE OF COLORADO )
)ss
County of Garfield )
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 17 t h o f June A.D. 19 9 6 , there were present:
Marian I. Smith , Commissioner Chairman
Arnold L. Mackley , Commissioner
Elmer (Buckey) Arbaney , Commissioner
Don DeFord , County Attorney
Mildred Alsdorf , Clerk of the Board
Chuck Deschenes , County Administrator
when the following proceedings, among others were had and done, to -wit:
RESOLUTION NO. 9 6 - 3 7
A RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE
GARFIELD COUNTY SUBDIVISION REGULATIONS FOR JEFFERY T. BOYD AND
JUDITH CAROL DAY.
WHEREAS, JEFFERY T. BOYD AND JUDITH CAROL DAY 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 19.80 acre tract as described in Book 371 at Page 340, Reception
#232482 as filed in the Offices of the Clerk and Recorder of Garfield County, Colorado, into three (3)
tracts of approximately 5.83, 6.50 and 7.47 acres each, with the exemption parcels more practically as
follows:
Parcel 1
Parcel 2
Parcel 3
See Attached Exhibit A
See Attached Exhibit A
See Attached Exhibit A
(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 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
iFf
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494612 B-982 P-185 06/18/96 01:17P PG 2 OF 3
NOW THEREFORE, BE IT RESOLVED that the division of the above described 19.80 acre
parcel is hereby exempted from such definitions and may be conveyed in the form of parcel "1", parcel
"2" and parcel "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 17th day of June , A.D. 19 96
ATTEST:
Cle of the Board
vote:
GARFIELD COUNTY BOARD OF
COMMISSIONERS, GARFIELD
COUNTY, COLORADO
Chairman
Upon motion duly made and seconded the foregoing Resolution was adopted by the following
Marian I. Smith
Arnold L. Mackley
Elmer (Buckey) Arbaney
STATE OF COLORADO )
)ss
County of Garfield )
, Aye
, Aye
, Aye
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 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
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494612 B-982 P-186 06/18/96 01:17P PG 3 OF 3
PROPERTY DESCRIPTION
PARCEL 1
A TRACT OF LAND SITUATED IN LOTS 6 AND 8, SECTION 35, TOWNSHIP 7 SOUTH, RANGE 88
WEST OF THE SIXTH P.M., GARFIELD COUNTY, COLORADO AND BEING A PORTION OF THOSE TRACTS
OF LAND AS DESCRIBED IN DOCUMENTS RECORDED UNDER RECEPTION NUMBERS 372300 AND 380981
OF THE RECORDS OF SAID COUNTY, SAID TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS;
BEGINNING AT THE SOUTHWEST CORNER OF PARCEL 2 OF THAT TRACT OF LAND AS DESCRIBED
IN SAID DOCUMENT RECORDED UNDER RECEPTION #372300, SAID POINT OF BEGINNING BEING
MONUMENTED WITH A NO. 5 REBAR FOUND IN PLACE, THEN ALONG THE WEST LINE OF SAID PARCEL
N.00'19'51"W. A DISTANCE OF 1153.78 FEET TO THE THREAD OF THE ROARING FORK RIVER;
THEN ALONG THE THREAD OF SAID RIVER THE FOLLOWING FIVE COURSES:
1 5.63'46'54"E. A DISTANCE OF 31.01 FEET;
2 S.6415'31"E. A DISTANCE OF 128.21 FEET;
3 S.44'17'49"E. A DISTANCE OF 178.55 FEET;
4 S.3611'53"E. A DISTANCE OF 117.22 FEET;
5 S.49'06'50"E. A DISTANCE OF 88.42 FEET; THEN DEPARTING SAID RIVER S.22'05'22"W.
A DISTANCE OF 579.78 FEET; THEN S.05'37'17"W. A DISTANCE OF 254.52 FEET; THEN
S.00'53'34"W. A DISTANCE OF 22.18 FEET TO THE SOUTHERLY UNE OF SAID TRACT AS
DESCRIBED IN DOCUMENT RECORDED UNDER RECEPTION #380981; THEN ALONG THE SOUTHERLY AND
WESTERLY UNES OF SAID TRACT THE FOLLOWING TWO COURSES:
1) N.88'42'51"W. A DISTANCE OF 154.12 FEET;
2) N.00'19'51"W. A DISTANCE OF 5.13 FEET TO THE POINT OF BEGINNING.
SAID TRACT OF LAND CONTAINS 6.50 ACRES AS DESCRIBED.
PROPERTY DESCRIPTION
PARCEL 2
A TRACT OF LAND SITUATED IN LOTS 6, 7, 8 AND 18, SECTION 35, TOWNSHIP 7 SOUTH, RANGE
88 WEST OF THE SIXTH P.M., GARFIELD COUNTY, COLORADO AND BEING A PORTION OF THOSE
TRACTS OF LAND AS DESCRIBED IN DOCUMENTS RECORDED UNDER RECEPTION NUMBERS 372300,
380981 AND 478497 OF THE RECORDS OF SAID COUNTY, SAID TRACT OF LAND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS;
BEGINNING AT A POINT FROM WHICH THE SOUTHWEST CORNER OF PARCEL 2 OF THAT TRACT OF
LAND DESCRIBED IN SAID DOCUMENT RECORDED UNDER RECEPTION #372300 BEARS N.86'48'34"W.
A DISTANCE OF 154.34 FEET, THEN N.00'53'34"E. A DISTANCE OF 22.18 FEET; THEN
N.05'37'17"E. A DISTANCE OF 254.52 FEET; THEN N.22'05'22"E. A DISTANCE OF 579.78
FEET TO THE THREAD OF THE ROARING FORK RIVER; THEN ALONG THE THREAD OF SAID RIVER THE
FOLLOWING TWO COURSES:
1) S.49'06'50"E. A DISTANCE OF 37.08 FEET;
2) S.5217'07"E. A DISTANCE OF 428.00 FEET; THEN DEPARTING SAID RIVER S.45'27'53"W.
A DISTANCE OF 487.23 FEET; THEN S.30'51'00"E. A DISTANCE OF 95.91 FEET; THEN
S.05'52'00"E. A DISTANCE OF 140.78 FEET TO THE SOUTHERLY UNE OF SAID TRACT AS
DESCRIBED IN DOCUMENT RECORDED UNDER RECEPTION #478497; THEN ALONG SAID SOUTHERLY UNE
S.89'42'00"W. A DISTANCE OF 38.34 FEET; THEN ALONG THE SOUTHERLY UNE OF THAT TRACT
OF LAND AS DESCRIBED IN SAID DOCUMENT RECORDED UNDER RECEPTION #380981 THE FOLLOWING
TWO COURSES:
1) N.39'05'41"W. A DISTANCE OF 40.99 FEET;
2) N.88'42'51"W. A DISTANCE OF 262.06 FEET TO THE POINT OF BEGINNING.
SAID TRACT OF LAND CONTAINS 5.83 ACRES AS DESCRIBED.
PROPERTY DESCRIPTION
PARCEL 3
A TRACT OF LAND SITUATED IN LOTS 6, 7 AND 18, SECTION 35, TOWNSHIP 7 SOUTH, RANGE
88 WEST OF THE SIXTH P.M., GARFIELD COUNTY, COLORADO AND BEING A PORTION OF THOSE
TRACTS OF LAND AS DESCRIBED IN DOCUMENTS RECORDED UNDER RECEPTION NUMBERS 372300,
380981 AND 478497 OF THE RECORDS OF SAID COUNTY, SAID TRACT OF LAND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS;
BEGINNING AT A POINT FROM WHICH THE SOUTHWEST CORNER OF PARCEL 2 OF THAT TRACT OF
LAND DESCRIBED IN SAID DOCUMENT RECORDED UNDER RECEPTION #372300 BEARS N.84'31'06"W.
A DISTANCE OF 482.49 FEET, THEN N.Q5'52'00"W. A DISTANCE OF 140.78 FEET; THEN
N.30'51'00"W. A DISTANCE OF 95.91 FEET; THEN N.45'27'53"E. A DISTANCE OF 487.23
FEET TO THE THREAD OF THE ROARING FORK RIVER; THEN ALONG SAID RIVER THE FOLLOWING THREE
COURSES:
1 S.52'17'07"E. A DISTANCE OF 133.38 FEET;
2 S.65'58'13"E. A DISTANCE OF 214.05 FEET;
3 S.8117'54"E. A DISTANCE OF 184.09 FEET TO THE EAST LINE OF SAID LOT 18; THEN
DEPARTING SAID RIVER AND ALONG THE EAST UNE OF SAID LOT 18 S.00'29'05"E. A DISTANCE
OF 251.82 FEET; THEN DEPARTING SAID EAST UNE N.68'31'45"W. A DISTANCE OF 68.78 FEET;
THEN S.13'26'48'W. A DISTANCE OF 76.62 FEET; THEN 5.22'08'54"W. A DISTANCE OF 66.34
FEET TO THE SOUTHERLY BOUNDARY OF THAT TRACT OF LAND AS DESCRIBED IN SAID DOCUMENT
RECORDED UNDER RECEPTION #478497; THEN ALONG SAID SOUTHERLY BOUNDARY THE FOLLOWING TWO
COURSES:
1) S.89'24'57"W. A DISTANCE' OF 287.67 FEET;
2) S.89'42'00"W. A DISTANCE OF' 374.37 FEET TO THE POINT OF BEGINNING.
SAID TRACT OF LAND CONTAINS 7.47 ACRES AS DESCRIBED.