HomeMy WebLinkAbout3.0 Resolution 89-158STATE OF COLORADO
County of Garfield
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Recordad at 9 o'clock _n_
Reception No. 411E2Sf MILDREE) ALSDORF, RECORDER
GARFIELD COUNTY, COLORADO
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At a regular meeting of the Board of County
Commissioners for Garfield County, Colorado, held at the Commissioners'
Meeting Room at the Garfield County Courthouse in Glenwood Springs on
the 1 1 th day of December A.D. 198q , there were present:
Marian T Smith
T, Mack1 ey
E;=mer (Buckey) Arbaney
_1)nn DeFord
Mildred Alsdnrf
rhurk ilesrhenes
, Commissioner Chairman
Commissioner
Commissioner
, County Attorney
, Clerk of the Board
, County Administrator
when the following proceedings, among others were had and done, to -wit:
RESOLUTION NO._3q_1' 8
A RESOLUTION CONCERNED WITH GRAN^ING AN EXEMPTION FROM THE GARFIELD COUNTY
SUBDIVISION REGULATIONS FOR DAN KERST.
WHEREAS, Dan Kerst has 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 9.26 acre tract as described in Book 751, Page
984-985 as filed in the Office of the Clerk and Recorder of Garfield
County, Colorado into two tracts of approximately 4.63 acres, and 4.63
acres each, more or less, which proposed divided tracts are more
practically described as follows:
TRACT A: See attached legal description for Lot 1.
TRACT B: See attached legal description for Lot 2.
(in the State of Colorado and the County of Garfield); and
WHEREAS, the Petitioners have demonstrated to thesatisfaction 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 dog.= 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 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 1..he 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" and "B" from the above described 9.26 acre tract is hereby
exempted from such definitions and said tract may be divided into said
tracts "A" and "B" and conveyed in the form of such tracts "A" and "B",
all as is more fully described above, however, that this exemption is
granted on the condition and with the express understanding and agreement
of the Petitioner that no further exemptions be allowed on tracts "A" and
"B" and that a copy of the instrument or instruments of conveyance when
recorded shall be filed with this Resolution.
Dated this 11th day of December
, A.D. 1989 .
Kerst Resolution
ATTEST:
Cl rk of the Board
1O'1. '768 F E965
GARFIELD COUNTY BOARD OF COMMISSIONERS
GARFIELD COUNTY, COLORADO
Chairman
Upon motion duly made and seconded the foregoing Resolution was
adopted by the following vote:
Marian 1. Smith
Arnold L. Macklev
Elmer (Buckey) Arbaney
STATE OF COLORADO
.)
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 Proceedings 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.
q P4E966
EXHIBIT A
LEGAL DESCRIPTIONS -
LOT 1:`
A tract of land situated in Lot 13 of.Section 10,'Township 7 South, Range 88 West'of the 6th
Principal Meridian, lying northerly of the Southerly boundary line of said Section 10'and
southerly of the Southerly right-of-way line of Garfield County Road No'. 113.as built-dhd'in
place, said parcel of land is more particularly described as follows:
Beginning at a point on the Southerly boundary line -of said Section 10 whence the South t'.!.
Corner of said Section 10 bears N 83°10'43" W 742.43 feet; thence North 1175.28..feet•toTpoint
on the Southerly right-of-way line of'said County Road Nd. 113; thence N 87°40'00" E •61:00 -feet
along said rightuof-way line;
thence S 13°58'35" E 650.07 feet; thence S 62°54127"1,0570.28 feet to a point on the Southerly
boundary line of said Section 10; thence N 83°10'43" W 190.38 feet along said Southerly bound-
ary line to the point of beginning; containing 4.63 acres more or less.
LOT 2:
A tract of land situated in Lot 13 of Section 10, Township 7 South, Range 88 West.of the'6th,
Principal Meridian, lying northerly of the Sdutherly boundary Iine'of said Section 10 and
southerly of the Southerly right-of-way::line of Garfielld County Road No. 113 as'built.'and•in
place, said tract of.land being more particularly described as follows:.
Beginning ata pcint on the Southerly•boundary line of said Section 10 whence,the'Southwest
Corner.`of said Section .10 bears N 83°10'43":W 9.12.81 feet; thence N 02°5427"„ E. 70:28':feet;
thence,N 13°58'35" W 650.07•feet to a pointon the Southerly rightLof-way'line''bf said';Coun;
r :•
Road•No; 113; thence N 87°40'00" E 24.26 feet along,said right-of-way•line;'thenceiN'.$4'O3
,25" E 130.39 feet along said right-of-way line; thence S 13°42'20"'E. 693'•77•' feet, thence'.SI'Yi0°
•02'32" E.563r65 feet to a point on the Sdutherly boundary line'of.said Section -l0- thence .113°
10'43" W 192.00 feet along said Southerly boundary; line to the pointbf:;beginning;5,codtai'n11t9'
463:'acres more ortless.
GARFIELD rCOUNTY
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STATE-OE:COLORADO',