HomeMy WebLinkAbout3.0 Resolution 85-34• •
For BOCC
STALE OF COLORADO )
)ss
County ot Gartield )
At a regular meeting of tne Board of County
Commissioners tor Garfield County, Colorado, held at the Commissioners'
Meeting Room in Glenwood Springs on Monday , tne 4th day
of March A.D. 19 85 , there were present:
Bob Richardson
Larry Schmueser
Flaven J. Cerise
Steve Zwick
Mildred Alsdorf
, Commissioner Cnairman
, Commissioner
, Commissioner
, County Attorney Assistant
, Clerk of tne Board
When the following proceedings, among otners were had and done, to -wit:
RESOLUTION NO. 85-34
A RESOLUTION CONCERNED WITH THE APPROVAL OF A S.B. 35 EXEMPTION FOR FRED
A. JOHNSON.
WHEREAS, Fred A. Johnson has petitioned the Board of County
Commissioners of Garfield County, Colorado, for an exemption from tne
definition of the terms "subdivision" and "subdivided land" under C.R.S.
1973, 30 -28 -101(10)(a) -(d), as amended, and tne Suodivision Regulations of
Garfield County, Colorado, adopted January 2, 1979, Sections 2.02.21(d)
and 3.02.01 and for the division ot a 5.31 acre tract of land as describes
in Book 512, Page 929, as tiled in the Off ice of the Clerk and Recorder
of Garfield County, Colorado, into 2 tracts of approximately 2 and 3.27
acres each, more or less, whicn proposed divided tracts are more
particularly aescrioed as follows:
TRACT A: See attacned Exhibit A
TRACT ti: See attacned Exhioit B
(in the State of Colorado and the County of Garfield); and
WHEREAS, tne Petitioner nas demonstrated to tne satisfaction of tne
Board of County Commissioners of Gartield County, Colorado, tnat the
proposed division does not tall witnin tne purposes of Part 1, Article 28,
Title 30, Colorado Revised Statutes 1973, as amended, tor the reason that
this action does not warrant turtner subdivision review, and
WHEREAS, the Petitioner has demonstrated to the satisfaction of tne
Board of County Commissioners of Garfield County, Colorado, tnat there is
a resonable 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 ot an existing or larger
development and does not fall within tne general purposes and intent of
the subdivision regulations of the State of Colorado and tne county of
Gartield, and should, therefore, oe exempted from the definition of the
terms "subdivision" and "subdivided land" as set tortn in C.R.S. 1973,
30-28-101 (10) (a) -(d), as amended;
• 1
NOW, THEREFORE, BE IT RESOLVED that the division of tne above
described tracts "A", and "B", from the above described 5.37 acre tract is
hereby exempted from sucn definitions and said tract may be divided into
tracts "A" and "B", and conveyed in tne form ot sucn tracts "A" and "B",
all as is more fully described above.
Dated tnis 4th day of March , A.D. 85
ATTEST:
Upon motion duly made and seconded the foregoing Resolution was
adopted by the following vote:
Bob Richardson
Larry Schmueser
Flaven J. Cerise
Aye
Aye
Aye
STATE OF COLORADO )
County of Garfield )
I, , County Clerk and ex -officio Clerk
of the Board or County Commissioners in and tor tne County and State
aforesaid do hereby certify that the annexed and foregoing Order is truly
copied from the Records of tne Proceedings of tne Board ot County
Commissioners for said Garfield County, now in my office.
IN WITNESS WHEREOF, I nave hereunto set my nand and affixed tne 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.
PARCEL A
A parcel of land in the N.E.4 of the S.E./ of the S.W./ of Section
10, Township 6 South, Range 93 West of the 6th Principal Meridian
in Garfield County, Colorado,_and being more particularly described
as follows:
Beginning at the N.E. Corner of said N.E.* of the S.E.4 of the S.W.*
of said Section 10, a No. 5 rebar buried below the surface of the
asphalt pavement of County Road No. 294; thence S.89°45'32"W. and
along the northerly line of said N.E./ of the S.E.4 of the S.W./ a
distance of 266.71 feet to the True Point of Beginning of Parcel A,
a P -K nail set in the asphalt pavement of County Road No. 294 and
witnessed with a No. 5 rebar and cap marked L.S. 10871 set S.00°34'20"E.
30.00 feet from said P -K nail on the southerly right-of-way line of
said County Road No. 294; thence continuing along the northerly line
of said N.E./ of the S.E./ of the S.W./ S.89°45'32"W. a distance of
220.19 feet to a P -K nail in the asphalt pavement of said County Road
No. 294; thence S.00°34'20"E. a distance of 28.20 feet to a No. 5 rebar
and cap set in a fence marking the easterly line of a 25' wide lane
described in Book 509 at Page 197 in the Garfield County Recorder's
Office; thence S.00°34'20"E. and following the easterly line of said
25' lane a distance of 367.50 feet to a No. 5 rebar and cap marked
L.S. 10871 and set for the N.W. Corner of the Jehovah's Witness Church
Property; as defined by County Commissioners' Resolution No. 81-33 and
described in Document No. 311784 in the Garfield County Recorder's
Office; thence N.89°44'22"E. and along the northerly line of said
Church Property a distance of 220.19 feet; thence N.00°34'20"W. a
distance of 395.62 feet more or less to the Point of Beginning of
Parcel A. Containing 2.000 acres more or less.
EXHIBIT " A"
PARCEL B
A parcel of land in the N.E.4 of the S.E.4 of the S.W.* of Section 10,____._.
Township 6 South, Range 93 West of the 6th Principal Meridian in Garfield
County, Colorado, and being more particularly described as follows:
Beginning at the N.E. Corner of said N.E.4 of the S.E.4 of the S.W.* of
said Section 10, a No. 5 rebar buried below the surface of the asphalt
pavement of County Road No. 294; thence S.00°31'08"E. a distance of
659.53 feet to a No. 5 rebar and cap set at a fence corner for the S.E.
Corner of said N.E.* of the S.E.4 of the S.W.4; thence S.89°44'22"W. and
.'along the southerly line of said N.E.; of the S.E.1 of the S.W.* a distance
of 156.29 feet to a No. 5 rebar and cap marked L.S. 10871 and set for the
Southeast Corner of the Jehovah's Witness Church Property as defined by
County Commissioners' Resolution No. 81-33 and described in Document No.
311784 in the Garfield County Recorder's Office; thence N.00°34'20"W. and
along the easterly line of said Church Property a distance of 264.00 feet
to a No. 5 rebar and cap marked L.S. 10871; thence S.89°44'22"W. and along
the northerly line of said Church Property a distance of 109.81 feet;
thence N.00°34'20"W. a distance of 395.62 feet to a point on the northerly
line of said N.E.; of the S.E./ of the S.W.a,said point being marked by a
P-K nail set in the asphalt paving surface of said County Road No. 294;
thence N.89°45'32"E. and along the said northerly line of said N.E.4 of
the S.E.* of the S.W.* a distance of 266.71 feet more or less to the Point
of Beginning. Containing 3.37 acres more or less.
EXHIBIT "B"