HomeMy WebLinkAbout3.0 Resolution 80-3880
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STATE OF COLORADO
County of Garfield
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BOOK 546 PAGE2I3
meeting of the Board of County Commissioners for Garfield County, Colorado,
held at the Court House in Glenwood Springs on Monday the 31st day of
M'rch A. D. 19 8 0 , there were present:
Richard C. Jolley , Commissioner Chairman
Larry Velasquez , Commissioner
Flaven J. Cerise Commissioner
Arthur A. Abplanalp Jr. , County Attorney
Nancy Sprick Page, Deputy , Clerk of the Board
when the following proceedings, among others were had and done, to -wit:
RESOLUTION N0. 80-38
RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE GARFIELD COUNTY
SUBDIVISION REGULATIONS FOR JAMES C CROI'JLEY
WHEREAS, James C. Crowley 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 3.02.01 for the division of a 5.58 acre
tract described as follows: That parcel of land as described in Document No.
290997 as filed in the Office of the Clerk and Recorder of Garfield County,
Colorado into 2 tracts of approximately 3.19 and 2.39 acres each, more or less,
which proposed divided tracts are more particularly described as follows:
Tract A: A parcel of land situated in the SE4SE4 Section 35, Township
5 South, Range 92 West of the Sixth Principal Meridian, Garfield County,
Colorado, more particularly described as follows:
Commencing at the Southwest Corner of said Section 35, thence N. 71°33'
05" E. 4199.02 feet to the Southeast 1/16 Corner of said Section 35,
the True Point of Beginning; thence N. 89°54'49" E. along the North line
of said SE4SE4 of Section 35, 901.78 feet to the centerline of an existing
irrigation ditch; thence along said centerline S. 55°12'27" W. 231.05
feet; thence along said centerline S. 85°22'53" W. 152.58 feet to a fence
line as constructed and in place; thence continuing along said ditch
centerline N. 66°08'24" W. 82.07 feet; thence along said centerline S.
80°51'09" W. 77.01 feet; thence along said centerline N. 81°22'53" W.
57.84 feet; thence along said centerline S. 48°59'18" W. 78.75 feet;
thence along said centerline S. 76°22'41" W. 48.61 feet; thence along
said centerline S. 17°09'35" W. 73.63 feet; thence along said centerline
S. 42°16'21 W. 59.04 feet; thence along said centerline N. 74°40'32" W.
191.54 feet; to the West line of said SE4SE4ection 35; thence along said
West line N. 00°16'32" E. 239.69 feet to the True Point of Beginning;
containing 3.1912 acres more or less.
Tract 8: A parcel of land situated in the SE';SE4 Section 35, Township
5 South, Range 92 West of the Sixth Principal Meridian, Garfield County,
Colorado, more particularly described as follows:
Commencing at the Southwest Corner of said Section 35, thence N. 80°04'01
E. 4040.76 feet to a point on the West line of said SE4SE4ection 35, the
True Point of Beginning; thence N. 00°16'32" E. along said West line 392.09
feet to a point on the centerline of an existing irrigation ditch; thence
leaving said West line S. 74°40'32" E. along said ditch centerline 191.54
feet; thence along said centerline N. 42°16'21" E. 59.04 feet; thence along
said centerline N. 17°09'35" E. 73.63 feet; thence along said centerline
N. 76°22'41" E. 48.61 feet; thence along said centerline N. 48°59'18" E.
78.75 feet; thence along said centerline S. 81°22'53" E. 57.84 feet; thence
along said centerline N. 80°51'09" E. 77.01 feet; thence along said center-
line S. 66°08'24" E. 82.07 feet to a fence line as constructed and in place;
thence along said fence line S. 02°31'12" E. 6.50 feet; thence along said
fence line N. 88°57'43" W. 96.59 feet; thence along said fence line S. 40°39'
25" W. 541.01 feet; thence along said fence line S. 05°14'31" W. 76.34 feet;
thence along said fence line N. 88°49'54" W. 107.26 feet to the West line
of said SE4SE4 Section 35 and the True Point of Beginning; containing 2.3947
acres more or less.
BOOK 546 pacE214
WHEREAS, the Petitioner 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 1973, as amended, for the reason that the impact created is
not large enought to proceed through the 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 locatingdomestic 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) -(d), as amended;
NOW, THEREFORE, BE IT RESOLVED, that the division of the above described
tracts "A" & "B", from the above described 5.58 acre tract is hereby exempted
from such definitions and said tract may be divided into tracts "A" and "B",
all as is more full.), described above, and said divided tract may be conveyed
in the form of such smaller tracts without further compliance with the aforesaid
subdivision statutes and regulations; provided, 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 said tracts "A" and "B", and
that a copy of the instrument or instruments of conveyance when recorded shall
be filed with this Resolution.
ATTEST: 1/41
Deputy Cl r of the Bo
of County Commissioners
Garfield County, Colorado
THE BOARD OF COUNTY COMMISSIONERS
OF GARFIELD COUNTY, COLORADO
By
Chai rman
Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote:
Flaven J. Cerise Aye
Larry Velasquez Aye
Richard C. Jolley Aye
STATE OF COLORADO
County of Garfield
ss
Commissioners
, 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 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.