HomeMy WebLinkAbout4.0 Resolution 84-89BOOK 649 fAGE698
STATE OF COLORADO ) Recorded at ()`C o'ciock_M MAY l 5 1q�4
) silleception No.� =05 MILDRED ALSDORF, RECORDER
County of Garfield ) GARFIELD COUNTY, COLORADO
At a regular meeting of the Board of County
Commissioners for Garfield County, Colorado, held at the Commissioners'
Annex in Glenwood Springs on. Monday , the 14th day
of May A.D. 198th, there were present:
Larry Velasquez
Flaven J. Cerise
Eugene "Jim" Drinkhouse
Earl Rhodes
Mildred Alsdorf
when the
, Commissioner Chairman
, Commissioner
, Commissioner
, County Attorney
, Clerk of the Board
following praceedings, among others were had and done, to -wit:
RESOLUTION NO. 84_89
A RESOLUTION CONCERNED WITH GRANTING AN EXEAPTION FROM THE GARFIELD COUNTY
SUBDIVISION REGULATIONS FOR GRANT & HARRIET KNIGHT.
WHEREAS, Grant and Harriet Knight have 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 572 acre tract described as follows:
In Docket No. 170977 as filed in the office of the Clerk and Recorder
.of Garfield County, Colorado
into 5 tracts of approximately 2.78,3.57, 2.77, and 561 acres each, more
or less, which propos. •ideJ tracts are more particularly described as
follows:
Tract A: A tract. of land located in the SW 1/4 NW 1/4, Sec. 4 and the SE
1/4,. NE 1/4, Sec. 5, Township 7S, Range 95W of the 6th Principal Meridian;
more particularly described as follows:
Beginning at the 1/4 corner between said Sections 4 and 5 thence S
89°21'57"E 11 feet along the south line of said SW 1/4, NW 1/4, Section 4
to the center of Garfield County Road 309; thence along the following
courses within the traveled surface of said County Road 309: NO3°01'21"E.
156.557 feet; N 24°46'53" E. 102.779 feet; N 54°27'44" E. 95.650 feet; N
77°38'50" E. 150.00 feet; thence leaving said County Road 309; N 12°21'10"
W. 15.00 feet; thence S 86''09'42"W. 401.339 feet; thence S 30°23'55" W.
173.908 feet; thence S 24°46'11" W. 138.494 feet to the south line of said
SE 1/4 NE 1/4 Sec. 5; thence along the south line of said SE 1/4 NE 1/4,
Sec.5, S 89°13'25" E. 284 feet to Point of Beginning containing 2.00 acres
more or less. The above described tract is subject to said County Road
309 right-of-way as built and in place.
Tract B: A tract of land located in the SN 1/4 NW 1/4, Sec. 4, T7S, Range
95W of the 6th Principal Meridian; more particularly described as follows:
Beginning at a point on the south line of said SW 1/4 NW 1/4, Sec. 4, and
the center line of Garfield County Road 309, whence the west 1/4 corner of
said Section 4 bears N 39°21'57"W. 11.00 feet; thence S 39°21'57" E. 393
feet along the south line of said SW 1/4 NW 1/4 Sec. 4; thence N 00°38'03"
E. 368.287 feet to a point in Garfield County R..,,d 309; thence along the
following courses within the traveled surface of said County Road 309:
S 77°38'50"W 274.229 feet
S 54°27'44"W 95.650 feet
S 24°46'58 102.779 feet
BOOK 649 1) EG99
Said tract is subject to said County Road 309 right-of-way as built and in
place.:.
The above described tract is subject to a 30 foot wide roadway and utility
easement situated along the entire length, north of, adjacent to, and
parallel with the south line of above described tract.
Tract C: A tract of land located in the SW 1/4 NW 1/4, Sec. 4; Township
7S; Range 95W of the 6th Principal Meridian; more particularly described
as follows:_
Beginning at a point on the south line of said SW 1/4 NW 1/4, Sec. 4,
whence the west 1/4 corner of said Section 4 bears N 89°21'57" W. 404.00
feet; thence N 00°38'03" E. 368.287 feet to a point in Garfield County
Road 309; thence along the following courses within the traveled surface
of said County Road 309:
N 77°38'50" E. 204.018 feet;
S 85°12'26" E. 105.868 feet;
thence S 00°38'03" W. 406.457 feet to a point on the south line of said SW
1/4 NW 1/4, Sec. 4; thence.N 89°21'57" W. 304.388 feet along said south
line of SW 1/4 NW 1/4 Sec. 4; to the Point of Beginning.
Containing 2.78 acres, more or less.
Said tract is subject to said County Road 309 right-of-way as built and in
place.
The above described tract is subject to a 30 -foot -wide roadway and utility
easement situated along the entire length, north of, adjacent to and
parallel with the south line of the above described tract.
Tract D: A tract of land located in the SW 1/4 NW 1/4, Section 4, Township
7S, Range 95W of the 6th Principal Meridian, more particularly described
as follows;
Beginning at a point on the south line of said SW 1/4 NW 1/4, Section 4,
whence the west 1/4 corner of said Section 4 bears N 89°21'57" W. 708.39
feet; thence N 00°38'03" E. 406.46 feet to a point in the Garfield County
Road 309; thence S 85°12'26" E. 124.00 feet along the center line of said
County Road 309; thence S 62°32'19" E. 395.59 feet; thence S 08°11'11" W.
220.85 feet to the south line of said SW 1/4 NW 1/4, Section 4; thence
along said south line N 89°21'57" W: 447.36 feet to the Point of
Beginning.
Containing 3.24 acres more or less.
Said tract is subject to said County Road 309 right-of-way as built and in
place.
The above described tract is subject to a 30 foot right -of way roadway and
utility easement situated along the entire length, north of, adjacent to
and parallel with the south line of the above described tract.
Tract E: The remainder of the tract as described in Doc. No. 170977 as
found in the Garfield County Courthouse. (Approximately 561 acres)
(in the State of Colorado and County of Garfield); and
This Resolution is for the purpose of clarifying the actions taken by
Resolution No. 81-154 and 81-23. Those Resolutions are hereby rescinded;
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
this action does not warrant further subdivision review; and
BOOK 649 f
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 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". "C", "D" and "E" from the above described 572 acre tract
is hereby exempted from such definitions and said tract may divided
into tracts "A", "B", "C","D" and "E", all as is more fully described
above, and said divided tract may be con\eyed in the form of such smaller
tracts without further compliance with the aforesaid subdivision statutes
and regulations; provided, however, that this exemption is granted. on the
condition and with the express understanding and agreement of the
Petitioner(s) that no further exemptions be allowed on said tract(s) "A",
"B", "C", "D" and "E", and that a copy of the instrument or instruments of
conveyance when recorded shall be filed with this Resolution.
Dated this _14th day of May
.ATTEST: �% c..e '�,G.g. E-4/'-�
Clerk of the Board
, A.D. 1984.
THE BOARD OF COUNTY COMMISSIONERS
OF GARFIELD COUNTY, COLORADO
By:
Chairma