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HomeMy WebLinkAbout2.0 Resolution 81-187- STATE OF COLORADO County of GarfAd Ata regular meeting of the Board of County Commissioners for Garfield County, Colorado, held at the Court House in Gie.^.wood Springs on Monday , the 15th day of • June A. D. 19 81 there were present: Larry Velasquez Flaven J. Cerise SS Recorded at ' :La o'clock M MAY 19 19.87 Reception No 3R1 96a MILDRED ALSDORF, RECORDER GARFIELD COUNTY, COLORADO "^ t; 712 a, r E 2'r O Eugene "Jim"-Drinkhouse Arthur A. Abplanalp, Jr. Cheryl J. Koss, Deputy when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 81-187 RESOLUTION CONC .'r;1;ED WITH GRANTING AN EXEMPTION FROM THE GARFIELD COUNTY SUBDIVISION REG- ULATI0NS FOR LEEANN EUSTIS. Commissioner Chairman , Commissioner , Commissioner County Attorney • , Clerk of the Board WHEREAS, LeeAnn Eustis has petitioned the Board of County Commissioners of Garfield County, Colorado, for an exemption from the definition•of the terms "subdivision" and "sub- divided 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 60 acre tract described as follows: In Document #•`240441, 251776 filed in the Office of Clerk and Recorder of Garfield County, Colorado into 3 tracts of approximately 15..014, 29.405, and 16.878 acres each, more of.less, which proposed divided tract(s) are more particularly described as follows: Tract A: A tract o" land situate in the southeast quarter of the southeast quarter •of Section 12, Township 7 South, Range 88 West of the 6th Principal Meridian, County of Garfield, State of Colorado, being more particularly described as follows: Beginning at a point or the south line of said Section 12; Township 7 South, Range 88 West of the 6th Principal Meridian, whence a Garfield County Surveyor Brass Cap, found in place and properly marked for the southeast corner of said Section 12 bears C 84°16 E 1292.20 feet; thence N 84'16'22" W 27.31 feet along the south line of said Section 12 to the southwest corner of the southeast quarter of the southeast quarter of said Section 12; thence N 01°08'03" W 1225.71 feet along the west line of the southeast.quarter of the southeast quarter :,f said Section 12 to the north- west corner of the southeast quarter of the southeast quarter of said Section 12; thence S 87°26'L)2" E 545.00 feet along the north line of the southeast quarter of the southeast quarter of said Section 12; thence S 01°08103" E 510.00 feet; thence S 23°40'00" E 465.00 feet; thence S 68°45'40" W 740.04 feet to the point of beginning, containing 15.014 acres more or less. Tract B: A tract of land situate in the southeast quarter of the southeast quarter of Section 12 aLd the northeast quarter of the northeast quarter of Section 13, Town- ship 7 South, Range 88 West of the 6th Principal Meridian, County of Garfield, State of Colorado, being more particularly described as follows: Beginning at a Garfield County Surveyor Brass Cap, found in place and properly marked for the southeast corner of said Section 12 and the northeast corner of said Section 13, Township 7 South, Range 88 West of the 6th Principal.Meridian; thence N 00°52'37" W 1298.45 feet along the east line of the southeast quarter of the southeast quarter of said Section 12 to the northeast corner of the southeast quarter of the southeast quarter of said Section 12; thence N 87°26'32" W 773.62 feet along the north line of the southeast quarter of the southeast quarter of said Section 12; thence S 01° 08'03" E 510.00 feet; thence S 23°40'00" E 465.00 feet; thence S 68°45'40" W 740.04 feet to a point on the south line of the southeast quarter of the southeast"'quarter of said Section 12, also being a point on the north line of the northeast quarter of the northeast quarter of said Section 13; thence S 00°51'37" E 307.00 feet; thence . S 66°31'14" E 238.75 feet; thence N 75°34'43" E 1096.71 feet to the point of beg- inning, containing 29.405 acres more or less. Tract C: A tract of land situate in the northeast quarter of the northeast quarter of Section 13, Township 7 South, Range 88 West of the 6th Principal Meridian and the northwest quarter of the northwest quarter of Section 18, Township 7 South, Range 87 West of the 6th Principal Meridian, County of Garfield, State of Colorado, being more particularly described as follows: P4 -(1.0,1,0V6 6 `17 O -t. ; 19 -V'7 VI 712 F E27'1 Beginning at a Garfield County Surveyor Brass Cap, found in place and properly sparked for the northeast corner of Section 13, Township 7 South, Range 88 West of the 6th Principal Meridian and for the northwest corner of Section .18, Township 7 South, Range 87 West of the 6th P.M.; thence S 18'°18'30" E 320.38 feet; thence S 00°34'09" W 433.54 feet to the centerline of County Road 103; thence N 89°25'51" W 69.87 feet along the centerline of said County Road No. 103 to a point on the west line of northwest quazter of the northwest quarter of said Section 18, Township 7 South, Range 87 West of the 6th P.M., also being a point on the east line of said northeast quarter of the northeast quarter of said Section 13, Township 7 South, Range 88 West of the 6th P.M.; thence S 02°03'24" E 67.27 feet along said west line of said north- west quarter of the northwest of said'Section 18, Township 7 South, Range 87 West of the 6th P.M,, also being along the east line of said northeast quarter of the north- east quarter of said Section 13, Township 7 South, Range 88 West of the 6th P.M.; thence N 86°10'03"W 1182.96 feet to the easterly right-of-way line of said County Road No. 103; thence along said easterly right-of-way line of said County Road No. 103 the following courses: N�118°05'29" E 77.00 feet; thence N 49°09'177" E 32.1,1 feet; th nc :i '56°25' 14" E 57.58 feet; thence crossing said County Road No. 103, N 08°28'34" W 37.11 feet, to a point on the northerly right-of-way line of said County Road No. 103; thence departing said County Road No. 103 on a course bearing N 01°12'32" W 298.30 feet; thence N 75°34'43" E 1096.71 feet to the point of beginning, containing 16.878 acres more or less. WHEREAS, the Petitio-er has 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 ]973, as amended, for the reason that the impact created does not warrant a full subdivision review, and WHEREAS, the Petitioner has demonstrated to the satisfaction of the Board of County Commissioners of Garfield County, Colorado, that there is a reasonable probability of loc- ating 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 o'- 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", and "C", from the above described 60 acre tract is hereby exempted from such definitions and said tract alai be divided into tracts "A", "Br'. and "C", all as is more fully described above, and said divided tract may be conveyedin the form of suet: smaller tracts without further conpliance with the aforesaid subdivision statutes and regulations; provided, how- ever, that this exemption is granted on the condition and with the express understandirg and agreement of the Petitioner that no further exemptions be allowed on said tract(s) "rA", 'rB", and "C", and that a ccpy of the instrument or instruments of conveyance when recorded shall be fi1.d with this Resolution. Also, that a 1/3 ownership in the common well be conveyed with a waterline easement to each of the newly created parcels. ATTEST: Deputy Clerk •.,2� f the oard of County Commis levers Carfield County, Colorado BOARD OF COUNTY COMMISSIONERS GARFIELD-COUNTY COLORADO BY: IJ ���i Chairman ; . Upon motion duly made and seconded the foregoing Resolution Larry Velasquez Flaven J. Cerise was adopted by the following vote: Aye Eugene "Jim" Drinkhousp STATE OF COLORADO County of Garfield Aye Aye 'Commissi<.ners , 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 Order;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, t have hereunto this day of set my hand and affixed the seal of said Counl.y, at Glenwood Springs, , A. D. 19 County Clerk and e2c.officio Clerk of the Board of County Commissioners.