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Trdsi Houpt
Don ord
Fd Green
STATE OF COLORADO
County of Garfield )
At aregularmeeting ofthe Board of County Commissioners for Garfield County, Colorado,
held in the Commissioners'Meeting Room, Garfield County PlazaBuilding, in Glenwood Springs
on, Monday, the 3'u day of Februu.y e.n. Zo}3,there were present:
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Commissioner Chairman
Commissioner
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. Commis sloner
County Attorney
Clerk of the Board
County Manager
when the following proceedings, among others were had and done, to-wit:
RESOLUTION NO. &O O 3 -i'5
A RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE
DEFINITION OF SUBDIVISION IN THE GARFIELD COUNTY SUBDTVISION
REGULATIONS FOR MICHAEL DOOLEY FOR A TRACT OF LAND LOCATED IN
SW % OF NE % OF SECTION 6, T65, R92W OF THE 6TH P.M., APPROXIMATELY
THREE (3) MILES WEST OF SILT, OFF OF CR 225, GARFIELD COUNTY,
COLORADO
WHEREAS, Michael Dooley 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. 197 -7,30-28-101 (10) (a)-(d), as amended., and. the Subdivision Regulations of
Garfield County Colorado, adopted April23, 1984, Section 8:00 through 8:60 and forthe division of
a29.8 acre tract into two (2) tracts of approximately 2L 03 acres and 8.8 acres with the exemption
parcels more practically described as follows and contained in Exhibit A:
Lot 2: See Exhibit A (attached)
Lot 3: See Exhibit A (attached)
WHEREAS, the first exemption from the definition of subdivision occurred in July of 1973
creating a 5 acre lot. Subsequently, Michael Dooley (Applicant) purchased the remaining 35 acres in
1997.In 1998, the Board approved an exemption request for the Applicant to create Lot 1 and 2 of
the Dooley Exemption which is memorialized in Resolution No. 98-74. As a result, all future
subdivisions proposed for this property will be required to comply with the county's subdivision
process and are no longer qualified to be subdivided by exemption from the definition of
subdivision; and
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WIIEREAS, the Petitioners have demonstrated to the satisfaction of the Board of County
Commissioners of Garfield County, Coiorado, that the proposed division does not fa1l within the
purposes ofPart 1, Article 28, Title 30, Colorado Revised Statutes 1973,as amended, forthereason
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 fa1l within the
general purposes and intent of the Subdivision Regulations ofthe 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. 7973,30-28-101 (10) (a)-(d), as amended; and
WHEREAS, the Board of County Commissioners of Garfield County, Colorado, on the
basis of substantial competent evidence produced at the aforementioned hearing, has made the
following determination of facts,
Proper public notice was provided as required for the hearing before the Board of
County Commissioners;
The hearing before the Board of County Commissioners was extensive and complete,
all pertinent facts, matters and issues were submitted, and all interested parties were
heard at that meeting;
The above stated and other reasons, the proposed Exemption from the Definition of
Subdivision is in the best interest of the health, safety, morals, convenience, order,
prosperity and welfare of the citizens of Garfield County.
The application is in conformance with the Garfield County ZorungResolution of
1 97R as arnended'
NOW TIIEREFORE, BE IT RESOLVED that the division of the above described 29.8
acre tract is hereby exempted from such definitions and may be conveyed in the form of the $Lotz"
and "Lot 3" of the Dooley Exemption, 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.
1. 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.
2. The Applicant shall submit a final exemption plat indicating the legal description of all the lots
created, dimensions and areas (in acres) of the lots, and all easements (such as the access and
well easements) encumbering the property.
1
2
J
4
3. The Applicant shall record a well sharing agreement that governs the water serving Lots 2 and 3,
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the access easement for the purposs of maintaining access to Lot 3 from CR225.In addition, the
Applicant shall need to amend the well easement between Richard Murr and Michael Dooley so
that it correctly addresses the ability to serve Lot 3 as well as lot 2. These two documents (we1l
sharing agreement and the well easement shall be consistent with each other) so that legal and
adequate water is served to Lots 2 and 3. These easements shall be recorded in the Clerk and
Recorder's Office and shown on the exemption plat with the associated book and page number.
4. That the applicant shall have 120 days to present aplat to the Commissioners for signature from
the date of approval of the exemption.
5. That the following plat note shall appear on the Final Exemption Plat
a) "Control of noxious weeds is the respopsibility of the property owner."
b) "One (1) dog will be allowed for each residential unit within a subdivision and the dog shall
be required to be confined within the owner's property boundaries."
c) "No open hearth solid-fuel fireplaces will be allowed anywhere within an exemption. One
(1) new solid-fuel burning stove as defied by C.R.S. 25-7-401, et. seq., and the regulations
promulgated thereunder, will be allowed in any dwelling unit. All dwelling units will be
allowed an unrestricted number of natural gas burning stoves and appliances".
d) "All exterior lighting be the minimum amount necessary and that all exterior lighting be
directed inward, towards the interior of the subdivision, except that provisions may be made
to allow for safety lighting that goes beyond the property boundaries".
e) "Soil conditions on the site may require engineered septic systems and building
foundations."
0 "A1l residential construction will be consistent with the Colorado State Forest Service
(CSFS) reconunendations for construction of homes contained in the CSFS publications
"Wildfire Protection in the Wildland/Lrrban Interface" and "Model Regulations for Protecting
People and Homes in Subdivisions and Developments."
g) "The lega1 and adequate source of domestic water for Lots 2 and 3, is a domestic wellNo.
201479, approved by the Colorado State Engineers Oifice, Division of Water Resources."
6. That all recofllmendations contained in the September l2,z}Ozletter of the Rifle Fire Protection
District related to the posting of an address, road construction, and defensible space will be
considered conditions of approval.
7 . Prior to the approval of an exemption plat, the applicant will demonstrate that the well will meet
the following items as applicable:
a) That a four (4) hour pump test be performed on the well to be used;
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b) A well completion report demonstrating the depth of the well, the characteristics of the
aquifer and the static water level;
c) The results of the four (4) hour pump test indicating the pumping rate in gallons per minute
and information showing drawdown and recharge;
d) A written opinion of the person conducting the well test that this well should be adequate to
supply water to the number of proposed lots;
e) An assumption of an average or no less than 3 .5 people per dwelling unit, using 1 00 gallons
of water per person, per day;
0 The water quality be tested by an approved testing laboratory and meet State guidelines
conceming bacteria and nitrates;
g) A water sharing agreement will be filed with the exemption plat that defines the rights of the
property owners to water from the well.
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ATTEST:
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Upon motion duly made and seconded the
foilowing vote:
S
CO
GARFIELD COTINTY BOARD OF
COMMISSIONERS, GARFIELD
couNTY, COLORADO
the
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SSIONER TR HOI]PT
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I, , County Clerk and ex-officio Clerk of the Board ofCountyco-*i'ffiuntyandStaieaforesaid,doherebycertif,zthattheannexed
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.
STATE OF COLORADO
County of Garfield
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625278 04/16/2003 12rO2P 81458 P174 n RLSDORF
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IN WiTNESS WHEREOF, I have hereunto set my hand
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and affixed the seal of said County,
A.D. 20at Glenwood Springs, this _ day of
county clerk and ex-officio clerk of the Board of county commissioners
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: PROPERTY DESCRIPTffi:
LOI 2
il^,Ll'5^ql!,lsBJ'r#ii#'/fi ).J4fi ."r;-?i'^x,?i,i?Hi;T..p.*:slJn,AS FOLLOWS:
BEGINNING AT A POINT ON THE WEST LINE OF THE SW1/4NE1/4 WHENCETHE WEST r,z+ colf_En or Sa-lo'[-rtrror.r 6 BEARS st+rst,t7,,w 2j28.24
f_E_e.Ti _TH ENCE soo-l 2,J4"W +oo-, oo-FiErTHENcE N88.J4,,57"9 _a9s.o+ iiff rilErucr Noo.38,s4,,w r2J7.9J FEET;THENcE sas.J1,42',w !g9.gg rrri' THENcE szi.igAw.45.5e FEEr;
1;ENBE BBB:Lr#,W ,21_+,si reri, iH'Exr^c_r s.o?.sq,oz;w iss.eo_ r_rsr;
To THE rnu. i,ou.rfl#48fififrtrHrruci N-esi.2i3r,vi zt.u rrei ,
SAID PROPERIY CONTAINING 21,A3T ACRES MORE OR LESS.
LOT 3
A TRACT OF LAND_rN-THE SW1/4NE1 /!,pl.s_E_cTtoN 6, TowNSHtp 6 souTH,RANGE 92 WEST OF THE OTH F.U.'IfIruC UONE PARTICULARLY DESCRIBEDAS FOLLOWS:
BEGINNING AT A POINT ON THE WEST LINE OF THE SW1/4NE1/4 WHENCETHE_WEST 1/4 CORNEn or Slro'stlrror,r 6 BEARS S56i32's3" W 1876.24FEET; THENCE N8s.31.'42"E +OO.OO-iErT; THENCE NOO.39"O1"W 3OO.OOFEEr' THEN.E NBe.J1,42."q-sfi.!s F#Ii-Inqryqi sz2jae 14w 45.5e FEET;THENcE sosl e'1 o"w zz?.-ss-iEEi;'riiNcr' 5tii.3ay6i,il" rgg.ao rrrr,THENCE s2s.2s,4s,,w qQ1.18 rEEi ftrriicE NBe.22,J3,,w 21.81 FEET
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EXHIBIT
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