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HomeMy WebLinkAbout4.0 Resolution 98-47STATE OF COLORADO n 11111nuiunuuuaii8096 07/02/1998 04:42P iIIIIIIIunmiiiuii5ii 1 of 3 R 0.00 D 0.00 GARFIELD COUNTY CO )ss County of Garfield ) _7 At a special 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 1st of July A.D. 19 98 , there were present: Marian I. Smith , Commissioner Chairman John Martin , Commissioner Larry McCown , Commissioner Don DeFord , County Attorney Mildred Alsdorf , Clerk of the Board County Administrator when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 9 8_ 47 A RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE GARFIELD COUNTY SUBDIVISION REGULATIONS FOR ELW LAND COMPANY/SHEILA WILLS. WHEREAS, ELW LAND COMPANY/ SHEILA WILLS 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 92.819 acre tract as described in Book 1014 at Page 180, as filed in the Offices of the Clerk and Recorder of Garfield County, Colorado, into four (4) tracts of approximately 3.008, 6.992, 8.023 and 74.796 acres each, with the exemption parcels more practically as follows: Lot 1 Lot 2 Lot 3 Lot 4 See Attached See Attached See Attached See Attached (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 1111111111111111111111111111111111111111111111111111111 528096 07/02/1998 04 42P B1076 P376 M ALSDORF 2 of 3 R 0.00 D 0.00 GARFIELD COUNTY CO 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 92.819 acre parcel is hereby exempted from such definitions and may be conveyed in the form of the 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 .day of ATTEST: Clerk sfthe Board , A.D. 19 98 . GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFIELD COUNTY, COLORADO Chairman Upon motion duty' e and seconded the foregoing Resolution was adopted by the following vote: COMMISSTONER ve 1AIRMAN Mj-IRIAN T _ SMTTH , Aye COMMISSIONER, LARRY L. MCCOWN ,Aye COMMISTONER JOHN F. MARTIN , Aye STATE OF COLORADO )ss County of Garfield 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 LEGAL DESCRIPTIONS Lor 1 A tract of land situated in Section 4, Township 6 South, Range 92 West of the 6th P.M. being a portion of that tract of land described in book 277 at Page 322 and in Book 369 at Page 175 in the Office of the Garfield County Clerk and Recorder and being more particularly described as follows: Beginning at o point on the Section Line common to soid Sections 3 and 4 whence the Northeast Corner of soid Section 4 bears N 00'37'54" W 1318.33 feet; thence along said Section line S 00'37'54" E 315.00 feet; thence deporting soid Section line S 89'23'49" W 416.00 feet; thence N 00'37'54" W 315.00 feet; thence N 89'23'49" E 416.00 feet; to the Point of Beginning having on area of 3.008 Acres more or less. LOT 2 A tract of land situated in Section 4, Township 6 South, Range 92 West of the 6th P.M. being a portion of that tract of land described in book 277 at Page 322 and in Book 369 at Page 175 in the Office of the Garfield County Clerk and Recorder and being more particularly described as follows: Beginning o point whence the Northeast Corner of said Section 4 bears N 16'53'03" E 1382.21 feet; thence 5 00'37'54" E 340.00 feet; thence S 89'23'49" W 895.95 feet; thence N 00'35'04" W 340.00 feet; thence N 89'2349" E 895.67 feet; to the Point of Beginning having an area of 6.992 Acres;, more or less. LOT 3 WUl N o co -s (o wm oa A CI A a N -n r- 0-4 m A 17 c� --1 -< 3 A tract of lond situated in Section 4, Township 6 South, Range 92 West ofr- MEI cn the 6th P.M. being 0 portion of thot tract of land described in book 277 at Page o 322 and in Book 369 of Page 175 in the Office of the Garfield County Clerk and -� Recorder and being more particularly described as follows: Beginning a point whence the Northeast Corner of said Section 4 bears N 13'27'09'E 1709.51 feet; thence S 00'37'54" E 390.00 feet; thence S 89'23'49" W 896.27 feet; thence N 00'35'04" W 390.00 feet; thence N 89'2.3'49" E 895.95 feet; to the Point of Beginning having an area of 8.023 Aare;. more or less. LOT 4 A tract of land situated in Sections 3 and 4, Township 6 South, Range 92 West of the 6th P.M. being a portion of that tract of land described in book 277 at Page 322 and in Book 369 at Page 175 in the Office of the Garfield County Clerk and Recorder and being more particularly described as follows: Beginning a point on the line common to said Sections 3 and 4 whence the Northeast Corner of said Section 4 bears N 00'37'54" W 1633.33 feet; thence 5 00'37'54" E 105.91 feet; thence departing said Section line and along the wester/y right-of-way of County Road S 26'57'24" E 71.55 feet; thence along said right-of-way S 24'06'54" E 208.29 feet; thence S 15'32'54" E 220.96 feet; thence S 01'35'54" E 190.27 feet; thence S 21'10'06" W 273.61 feet; thence S 09'25'06" W 211.02 feet; thence N 85'49'54" W 36.51 feet to o point on said Section line; thence departing said right-of-way and along said Section line S 00'37'54" E 144.71 feet to the East 1/4 Corner of said Section 4; thence S 00'45'03" E- 1302.54 feet to the Southeast Corner of said Section 4; thence along the South line of said Section 4 S 89'23'59" W 1316.84 feet; thence departing said South line N 00'37'05" W 1304.54 feet to the Center -East 1/16 Corner of said Section 4; thence N 00'37'05" W 951.25 feet; thence N 89'23'49" E 896.27 feet; thence N 00'37'54" W 415.00 feet; thence N 89'23'49" E 416.00 feet; to the Point of Beginning having an area of 74.796 Acres more or less.