HomeMy WebLinkAbout6.0 Resolution 97-15•
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 Mnnday , the 18thof March A.D. 1997 , there were present:
Marian I. Smith , Commissioner Chairman
John Martin
Larry McCown
Don DeFord
, Commissioner
, Commissioner
Mildred Alsdorf
Chuck Deschenes
, County Attorney
, Clerk of the Board
, County Administrator
when the following proceedings, among others were had and done, to -wit:
RESOLUTION NO. 97--15
A RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE GARFIELD
COUNTY SUBDIVISION REGULATIONS FOR ERNEST FRYWALD.
WHEREAS, ERNEST FRYWALD 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 10.276 acre tract as
described in Book 372 at Page 175, Reception #232928 as filed in the Offices of the Clerk and Recorder
of Garfield County, Colorado, into four (4) tracts of approximately 2.107, 2.167, 2.130 and 3.872 acres each,
with the exemption parcels more practically as follows:
Lot 1
Lot 2
Lot 3
Lot 4
See Attached Exhibit A
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
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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
NOW THEREFORE, BE IT RESOLVED that the division of the above described 10.276 acre parcel
is hereby exempted from such defmitions and may be conveyed in the form of Lot "1", Lot "2", Lot "3" and
Lot "4" 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 20th day of March
ATTEST:
Clefk of the Board
, A.D. 19 97 .
GARFIELD COUNTY BOARD OF
COMNIISSIONERS, GARFIELD COUNTY,
COLORADO
Chairman
Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote:
COMMISSIONER CHAIRMAN MARIAN I. SMITH
COMMISSIONER JOHN F. MARTIN
COMMISSIONER LARRY L. MCCOWN
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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EXHIBIT A
FYRWALD EXEMPTION
LOT 1
A TRACT OF LAND SITUATED IN LOT 20 OF SECTION 1, TOWNSHIP 7 SOUTH, RANGE 89 WEST OF
THE SIXTH PRINCIPAL MERIDIAN, LOT 1 IN SECTION 6, TOWNSHIP 7 SOUTH, RANGE 88 WEST, OF
THE SIXTH PRINCIPAL MERIDIAN AND LOT 1 IN SECTION 7, TOWNSHIP 6 SOUTH, RANGE 88 WEST,
OF THE SIXTH PRINCIPAL MERIDIAN, GARFIELD COUNTY, COLORADO, LYING SOUTHERLY OF
STATE HIGHWAY NO. 82 AND NORTHEASTERLY OF THE DENVER AND RIO GRANDE WESTERN
RAILROAD (ASPEN BRANCH), AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 7; THENCE N 86'15'28" W
640.73 FEET TO A POINT ON THE SOUTHWESTERLY RIGHT-OF-WAY OF HIGHWAY NO. 82, THE TRUE
POINT OF BEGINNING; THENCE N 36'45'15" W ALONG SAID SOUTHWESTERLY LINE 468.16 FEET;
THENCE LEAVING SAID SOUTHWESTERLY LINE S 61' 50'00" W 191.46 FEET; THENCE
S 36'32'39" E 496.75 FEET; THENCE N 53'14'45" E 191.13 TO THE TRUE POINT OF BEGINNING;
SAID TRACT OF LAND CONTAINING 2.107 ACRES, MORE OR LESS.
FYRWALD EXEMPTION
LOT 2
A TRACT OF LAND SITUATED IN LOT 20 OF SECTION 1, TOWNSHIP 7 SOUTH., RANGE 89 WEST OF
THE SIXTH PRINCIPAL MERIDIAN AND LOT 1 IN SECTION 7, TOWNSHIP 6 SOUTH, RANGE 88 WEST,
OF THE SIXTH PRINCIPAL MERIDIAN, GARFIELD COUNTY, COLORADO, LYING SOUTHERLY OF
STATE HIGHWAY NO. 82 AND NORTHEASTERLY OF THE DENVER AND RIO GRANDE WESTERN
RAILROAD (ASPEN BRANCH), AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 7; THENCE S 75'29'12" W
818.11 FEET TO THE TRUE POINT OF BEGINNING; THENCE S 53'33'06" W 73.28'; THENCE
S 36'26'18" E 102.47 FEET; THENCE S 55'42'06" W 119.20 FEET; THENCE N 18'53'36" W
742.85 FEET; THENCE N 61'50'00" E 46.30 FEET; THENCE S 36'32'39" E 526.75 FEET; THENCE
S 09'06'09" W 109.75 FEET TO THE TRUE POINT OF BEGINNING; SAID TRACT OF LAND
CONTAINING 2.167 ACRES, MORE OR LESS.
FYRWALD EXEMPTION
LOT 3
A TRACT OF LAND SITUATED IN LOT 20 OF SECTION 1, TOWNSHIP 7 SOUTH, RANGE 89 WEST OF
THE SIXTH PRINCIPAL MERIDIAN AND LOT 1 IN SECTION 7, TOWNSHIP 6 SOUTH, RANGE 88 WEST,
OF THE SIXTH PRINCIPAL MERIDIAN, GARFIELD COUNTY, COLORADO, LYING SOUTHERLY OF
STATE HIGHWAY NO. 82 AND NORTHEASTERLY OF THE DENVER AND RIO GRANDE WESTERN
RAILROAD (ASPEN BRANCH), AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 7; THENCE S 75'29'12" W
818.11 FEET TO THE TRUE POINT OF BEGINNING; THENCE S 36'45'15" E 550.20 FEET; THENCE
S 90'00'00" W 341.01 FEET; THENCE N 18'53'36" W 261.81 FEET; THENCE N 55'42'06" E
119.20 FEET; THENCE N 36'26'18" W 102.47 FEET; THENCE N 53'33'42" E 73.28 FEET TO THE
TRUE POINT OF BEGINNING; SAID TRACT OF LAND CONTAINING 2.130 ACRES, MORE OR LESS.
FYRWALD EXEMPTION
LOT 4
A TRACT OF LAND SITUATED IN LOT 1 OF SECTION 6, TOWNSHIP 7 SOUTH, RANGE 89 WEST OF
THE SIXTH PRINCIPAL MERIDIAN AND LOT 1 IN SECTION 7, TOWNSHIP 6 SOUTH, RANGE 88 WEST,
OF THE SIXTH PRINCIPAL MERIDIAN, GARFIELD COUNTY, COLORADO, LYING SOUTHERLY OF
STATE HIGHWAY NO. 82 AND NORTHEASTERLY OF THE DENVER AND RIO GRANDE WESTERN
RAILROAD (ASPEN BRANCH), AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 7; THENCE N 86'15'28" W
640.73 FEET TO A POINT ON THE SOUTHWESTERLY RIGHT-OF-WAY LINE OF STATE HIGHWAY NO.
82, THE TRUE POINT OF BEGINNING; THENCE S 36'45'15" E ALONG SAID SOUTHWESTERLY LINE
539.31 FEET; THENCE LEAVING SAID SOUTHWESTERLY LINE S 01'51'30" W 199.92 FEET;
THENCE N 88'13'00" W 89.64 FEET; THENCE S 02'02'00" E 58.52 FEET; THENCE
S 90'00'00" W 52.11 FEET; THENCE N 36'45'15" W 550.20 FEET; THENCE N 09'06'09" E 109.75
FEET; THENCE N 36'32'39" W 30.00 FEET; THENCE N 53'14'45" E 191.13 FEET TO THE TRUE
POINT OF BEGINNING; SAID TRACT OF LAND CONTAINING 3.872 ACRES, MORE OR LESS.