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HomeMy WebLinkAbout3.0 Resolution 83-114STATE OF COLORADO ) BOOK62!6 totIW ss =corded at _ 3'. o'clock_/ M.A4DORF, I. RECORDER C©RD County of Garfield } Reception No. 4MiLD�{rALS D , �E ER At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held at the Commissioners.. Annex in Glenwood Springs on Monday , the 2nd day of May A.D. 19 83 , there were present: Eugene "Jim" Drinkhouse Larry Velasquez (absent) Flaxen J. Cerise Earl Rhodes Mildred Alsdorf , Commissioner Chairman • Commissioner , Commissioner County Attorney , Clerk of the Board when the following proceedings, among others were had and done., to -wit: Resolution No. 83-114 A RESOLUTION CONCERNED WITH GRANTING AN EXEMPTIC:N FROM THE GARFIELD COUNTY SUBDIVISION REGULATIONS FOR BRUCE & JOANNA TYSON OLIPHANT AND JOHN BOULTON, SR. WHEREAS, Bruce and Joanna Tyson Oliphant have 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 January 2, 1979, Sections 2.02.21 (d) and 3.02.01 for the division of the Tyson -Oliphant parcel of 400 acres described as follows: that parcel of land as described in Document Nos. 290074, 292152 and 321351 as filed in the Office of the Clerk and Recorder of Garfield County, Colorado into 2 tracts of approximately 14 acres 'and 386 acres each, more or less, which proposed divided tracts are more particularly described as follows: TRACT A: A parcel of land situated in the SW 1/4 SE 1/4 and SE 1/4 SW 1/4 of Section 34, Township 6 South, Range 92 West of the Sixth_ Principal Meridian, Garfield County, Colorado, lying Southeasterly of County Road Number 331, said parcel of land is ore fully described as follows: Beginning at the South Quarter Corner of. said Section 34; thence S.89°12'58"E'!. 720.50 feet to a point on the Easterly right-of-way line of said .County Road Number 331;'thence, along said right-of-way, 43.68 feet along the arc of a curve to the right, having a radius of 282.453 feet, the chord of which bears: • N.02°23'17"W. 399.45 feet; thence 320.65 feet along the arc of a curve to the right, having a radius of 1268.136 feet, the chord of which bears: N.49°51'21"E. 319.80 feet; thence N.57°05'58"E. 235.95 feet; thence 497.18 feet along the arc of a curve to the left, having a radius of 665.800 feet, the chord of which bears:. N.35°42'24".E. 485.71 feet to a point on the North-South Centerline of said Section 34; thence, leaving said right-of-way line, S.00°33'54"E along said North-South Centerline, 704.07 feet to a point in the Centerline of the Multi Trina Ditch; thence S.44°22155"E. 573.63 feet, more or less to .a point on the South line of said Section 34; thence S. 89° 25' 23"W. 397.16 feet to the point of beginning. TRACT B: The remaining 386 acres. and, WHEREAS, John Boulton,- Sr. 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 January 2, 1979, Sections 2.02.21 (d) and 3.02.0:1 for the division of a 11.36 acre parcel described as follows: that parcel of land as excepted and described in Document No. 267446 as filed in the Office of the. Clerk and Recorder of Garfield County, Colorado into 2 tracts of approximately 2.4 and 9 acres each, more or less, which proposed divided tracts are more particularly described as follows: TRACT A2: A parcel of land situated in Lot 1 and the NW 1/4 SE 1/4 of Section 3, Township 7 South, Range 92 West of the Sixth Principal Meridian, Garfield County, Colorado, lying Easterly of a fence as now constructed and in place, said parcel is more fully described as follows: Beginning at a point on the North line of said Section 3, whence.the North Quarter Corner of said Section 3 bears: S.89°25'23"W. 397.16 feet; thence N.89°25'23"E. 922.84 feet along said North line; thence S.00°16'49"E. 300.00 feet; thence S.82°56'39"W. 1255.65 feet to a point in said fence; .thence, along said fence, N.15°00'25"E. 207.21 feet; thence S.78°22'32"E. 28.42 feet; thence S.89°29'29"E. 67.94 feet; thence N.77°35'45"E. 53.03 feet; thence N.40°04'26"E. 139.09 feet; thence N.04°18'.18"E. 68.90 feet; thence N.31°30'40"E. 65.70 feet to a fence corner; thence, leaving said fence line, N.44°22'55"W. 12.01 feet to the point of beginning. TRACT. B2: The remaining approximately 2.4 acres. (in the State of Colorado and County of Garfield); and WHEREAS, Bruce and Joanna Tyson Oliphant shall convey the 14 acre parcel to John Boulton, Sr., the adjoining property owner; and WHEREAS, John Boulton, Sr. shall convey the 9 acre parcel to Bruce and Joanna Tyson Oliphant, the adjoining property owners; 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 Statutues 1973, as amended, for the reason that the property splits are solely for the purposes of adjusting property boundaries and no new lots are created by this action of the Board of County Commissioners, 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 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 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) - (ci) , as amended; NOW, THEREFORE, BE IT RESOLVED that the division of the above described tracts from the above described parcels are hereby exempted from such definitions and said tracts may be divided into tracts "A" and "B", respectively, all as is more fully described above, and said divided tracts may be conveyed in the form of such smaller tracts without further compliance ;•rith the aforesaid subdivision statutes and regulations; provided, however, that this exemption is granted solely for the purposes of adjusting property boundaries and no new lots are created by this action; and that a copy of the instrument or instruments of conveyance when recorded shall be filed with this Resolution. ATTEST: Cl/er'k of the Board GARFIELD COUNTY BOARD OF. COMMISSIONERS GARFIELD COUNTY, CO ADO Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: Eugene "Jim" Drinkhouse Aye Larry Ve'iasauez (absc,it ) Flaven J. Cerise Aye STATE OF COLORADO )ss County of Garfield 1, , 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, I hav hereunto set my hand and affixed the seal of said County, at Glenwood Springs, this day of A.D. 19 Board of County Commissioners. County Clerk and ex -officio Clerk of the