HomeMy WebLinkAbout3.0 Resolution 80-253L�.
�. OCT 2 815�C3
Recorded at .�� o'clockBOOR 558 PAGE''
Reception NQ 3 2O MILDRED ALSDORF, RECORDER
STATE OF; COLORADO; ..
ss.
County of Garfield
At a .z egula.r " meeting of the Board of County Commissioners for Garfield County, Colorado,
held at the Court House in Glenwood. Springs on MQS1.da.Y , the 7th . day of
Qatater A. D. 19 aO... , there were present:
I. ,.G.' 4 .d....C.A....J.P.U.e.Y , Commissioner Chairman
14.4X.KY Ve.1.aggIl .2 , Commissioner
Fa.sl,MeT. -c..X ,Lq Commissioner
hx :hiar....AA.... bP. ,. DA1P. Jr: , County Attorney
LTan.pY...., p.. 'iCX Page, Deputy,
.p Y, Clerk of the Board
• when the following proceedings, among others were had and done, to -wit:
RESOLUTION NO. 80-253
RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE
GARFIELD COUNTY SUBDIVISION REGULATIONS FOR ALLAN BOWLES
WHEREAS, Allan Bowles has petitioned the Board of County Commissioners of
Garfield County, Colorado, for an exemption from the definition of the terms "sub-
division" 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 64.238 acre tract
described as follows:
in book 538 page 911 filed in the office of Clerk and Recorder of
Garfield County, Colorado, into 2 tracts of approximately 40 and 24
acres each, more or less, which proposed divided tracts are more
particularly described as follows:
Tract A: A tract of land located in the SW1/4SW1/4 and the NASA of Section 34,
T. 5 S., R. 89 W1., of the 6th P.M. more particularly described
as follows:
Beginning at an iron pipe with cap L.S. NO. 12770 from whence the
SW corner of said Section 34 bears S 88°35'17" W 1313.989 feet;
THENCE S 89°47'32" W 339.81 feet along an existing fence line to
point 48 on the easterly bank of Mitchell ditch being the TRUE
POINT OF BEGINNING; THENCE along said fence line the following
distances and bearings; S 89°50'00" W 513.78 feet to point no.2;
N 82°59'59" W 68.51 feet to point no. 3; N 53°17'29" W 284.40 feet
to point no. 4; N 41°20'52" W 66.60 feet to point no.5; N 33°10'43"
W 62.13 feet to point no. 6; N 21°48'05" W 70.00 feet to point no. 7;
N 01°28'42" W 775.26 feet to point no. 8; N 08°31'51" E 101.12 feet
to point no. 9; N 11°18'36" E 50.99 feet to point no. 10; N 21°41'
21" E 94.70 feet to point no. 11;.N 17°52'43" E 65.15 feet to point
no. 12; N 26°33'54" E 145.34 feet to point no.13; N 33°41'24" E
144.22 feet to point no.14; N 29°03'17" E 72.07 feet to point no.15;
N 29°19'09" E 567.72 feet to point no.16; N 16°59'27" E 75.29 feet
to point no. 17; N 14°02'10" E 41.23 feet to point no. 18 N 13°39'02"
E 277.21 feet to point 19 on the north line of the NWIT,SW14 of said Section
34; THENCE N 89°45'35" E 156.57 feet along said north line to point
20 on the east bank of Mitchell Ditch; THENCE S 22°35'35" W 59.62 feet
along the bank of Mitchell Ditch to point 21; THENCE continuing along
the east bank of Mitchell Ditch the following bearings and distances;
S 03°15'15" W 58.53 feet to point 22; S 23°03'15" W 121.30 feet to
point no. 23; S13°02'27" W 161.08 feet to point no.24; S 04°38'47" W
86.31 feet to point no. 25; S 03°01'47" W 133.95 feet to point no.26;
S 03°55'03" E 165.27 feet to point no. 27; S18°29'17' W 201.75 feet to
point no.28; S 63°44'57" W. 115.45 feet to point no.29; S18°01'17" W
144.29 feet to point no. 30; S14°48'57" W 130.75 feet to point no.31
S 36°44'57" W 101.53 feet to point no.32; S 22°32'07" W 172.71 feet to
point no.33; S 09°25'53" E 47.44 feet to point no.34; S16°09'57" W 63.68
feet to point no.35; S11°43'43"E 74.45 feet to point no.36; S18°12'27" W
108.45 feet to point no.37; S25°33'19" E 129.42 feet to point no.38; S
''31°43'39" E 179.45 feet to point no.39; S 51°09'59" E 73.07 feet to
point no.40; S 03°40'01" W 100.64 feet to point no.41; S 62°10'54" E
57.11 feet to point no.42; S72°49'59" E 72.64 feet to point no. 43; S
44°55'39" E 108.71 feet to point no.44 S 20°20'39" E 107.71 feet to point
no.45; S 66°58'19" E 65.05 feet to point no.46; S 54°43'24" E 119.78 feet
to point no.47; S 40°10'24" E 98.31 feet to the TRUE POINT OF BEGINNING
containing 20.55 acres more or less.
BOOK 558 PAGE746
A tract of land located in the SWItSW' and the NW12;SW1/4 of Section, 34 T.5 S
R. 89 W., 6th P.M. more ,particularly described as follows;
BEGINNING at a point with an iron pipe with cap L.S. no. 12770 from whence
the SW corner of said Section 34 bears S 88°35'17" W 1313.989 feet; THENCE'
S 89°47'32".W 339.81 feet along an existing fence line to a point on the
east bank of Mitchell Ditch being point no.48, THENCE along the easterly
bank of Mitchell Kitch the following bearings and distances; =N 40°10'24" try
98.31 feet to point no' 47; N 54°43'24" W 119.78 :'feet to point no.46; N 66°
58'19" W 65.05 feet to point no 45. N 20°2`'39" W 107.71 feet to point no.
44; N 44°55'39" W 108 71 feet to point no.43; N 72°49'59" W 72.64 feet to
point no.42, N 62°10'54" W 57.11 feet; -to point.no.41, N 03°40'01" W 100.64
feet to point no.40, N 51°09'59"'`W 73:07 feet to point no.39; N 31°46'39"'W
179.45 feet to point no. 38; N 25°33'19" W 129.42 feet to point<no.37, N
18°12'27" E 108.45 feet to point no.36; N 11°43'43" W 74♦,45 feet to point
no.35; N 16°09'57" E' 63.68 feet to point no.34; N 09°25'53" W 47.44 feet to
point no.33; N 22°32'07" E 172.71 feet to point no.32; N 36°44'57" E 101.53
feet to point no.31; N 14°48'57" E 130.75 feet to point no.30; N 18°01'17"
E 144.29 feet to Point no.29; N'63°44'57".E 115.45 feet to point no. 28;
N 18°29'17" E 201.75 feet to point no.27;N 03°55'03"`W 165.27 feet to point
no.26; N 03°01'47" E 133.95 feet to point no.25; N 04°38'47".;E 86.31 feet to
point 24; N 13°02'23" E 161.08 feet to point no.23; N 23°03'15" E 121.30 feet
to point no.22; NO3°15'15" E 58.53 feet to point no.21• N 22°35'35" E 59.62
feet to a point on the north line of the NW1-21SW14 of said Section 34; THENCE
N 89°45'35" E 429.26 feet along the said north line to a point being no.50
on the ast line of :the W1-5SW14 of said Section 34; THENCE S 01°08'57"`E 2609.98
feet along the east line of the WIISW14 of said'.Section 34 to the POINT OF
BEGINNING containing 41.65 acres more, or less.
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 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 Pro-
bability 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 all within the general purposes and intent
of the subdivisio regulations of the State of Colorado and the County of Garfield, and
should, therefore, be exempted from the definition of the terms "subdivision" and "sub-
divided 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 64.238 acre tract is hereby exempted from such
definitions andsaid tract may be divided into tracts "A" and "B", all as is more fully
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: ,.
"Deputy Clerk of the Board
pon motion duly
Id -chard -C. ZbilaY
.--L-LarzY...V.ela.squez
THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, CO
BY:
r
and seconded the foregoing Resolution was adopt
STATE OF COLORADO.
County of Garfield
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 Order is truly copied from the Records of
the Proceedings' of the Board of County Comrnissioners 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,
Ghia .............
County Clerk and ex -officio Clerk of the Board of County Commissioners.
Chairman
y the folio ng vote:
Ayeff
Aye
El.airem...Cerise Aye
Commissioners