Loading...
HomeMy WebLinkAbout3.0 Resolution 81-03STATE OF COLORADO County of Garfield At a regular SS. . . r . f D Jx 563 ratE474 : m. JAN 11.4 19814 Recepf:cn No. 3 051 MILDRED ALSDORF, RECORDER meeting of the Board of County Commissioners for Garfield County, Colorado, Monday , the 12th Y da of held at the Court House in Glenwood Springs on January , A. D. 19 81 , there were present: Richard C. Jolley Larry Velasquez Arthur A. Abplanalp, Jr. Cheryl Jane Koss, Deputy when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 81-03 , Commissioner Chairman , Commissioner , Commissioner , County Attorney , Clerk of the Board A RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE GARFIELD COUNTY SUBDIVISION REGULATIONS FOR ELMER ARBANY WHEREAS, Elmer Arbany 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 6 acre tract described as follows: in document 44143231 filed in the Office of Clerk and Recorder of Garfield County, Colorado, into 3 tracts of approximately 2 acres each, more or less, which proposed divided tracts are more particularly described as follows: Tract A: A tract of land situated in Government Lot 17 in Section 22; and Government Lots 8 and 13 in Section 23, all in Township 7 South, Range 89 West of the Sixth Principal Meridian, Garfield County, Colorado, more particularly described as follows: Beginning at the Southwest Corner of said Section 23; thence N.12058'57" E. 371.66 feet to a point on the westerly right-of-way line of County Road #117, the True Point of Beginning; thence continuing along the westerly right-of-way line of said County Road #117 the following courses and distances, thence 382.34 feet along the arc of a curve to the left having a radius of 974.41 feet, a central angle of 22°28'55" (chord bears N.12°22'31"W. 379.90 feet); thence N.23°37'00"W. 4.22 feet: thence leaving the westerly right-of-way line of said County Road X117, S.00° 01'48"W. 130.38 feet along the westerly line of said Section 22, to the Northeast Corner of said Government Lot 17: thence S.87°25'25"W. 274.02 feet along Che northerly line of said Govern- ment Lot 17; thence due south 239.31 feet; thence N.88°51'55"E. 356.99 feet to the True Point of Beginning, containing 2.00 acres, more or less, subject to the following described 20 foot access easement: A parcel of land 20 feet wide lying adjacent to and to the west of the following described line: Beginning at the Southwest Corner of said Section 23, thence N.00°01'48"E. 737.09 feet to the True Point of Beginning; thence S.23°37'00"E. 4.22 feet; thence 382.34 feet along the arc of a curve to the right having a radius of 974.41 feet, a central angle of 22°28'55" (chord bears S. 12°22'31"E. 379.90 feet); to a point of termination, from which the Southwest Corner of said Section 23 bears S. 12°58'57"W. 371.66 feet. Tract B: A tract of land situated in Government Lot 17 Section 22, and Government Lot 8, Section 23, all in Township 7 South Range 89 West of the Sixth Principal Meridian, Garfield County, Colorado, more particularly described as follows: Beginning at the Southwest Corner of said Section 23; thence N. 35°08'51"E. 138.06 feet to a point on the westerly right-of-way line of County Road 44117, the True Point of Beginning; thence continuing along the westerly line of said County Road 14117, the following courses and distances; thence N.01°05'33"E. 211.43 feet; thence 37.88 feet along the arc of a curve to the left, having nu 563 TAtE475 a radius of 974.41 feet,.a central angle of 02°13'38" (chord bears N.00°01'21"W. 37.88 feet; thence leaving said westerly right-of-way line S.88°51'55"W. 356.99 feet; thence due south 222.14 feet; thence S.19°32'01"E.21.29 feet; thence due east 345.79 feet to the True Point of Beginning, containing 2.00 acres, more or less, subject to and together with the following described 20 foot access easement: A parcel of land 20 feet wide lying adjacent to and to the west of the following described line: Beginning at the Southwest Corner of said Section 23; thence N.00°01'48" E.737.09 feet to the True Point of Beginning; thence S.23°37'00"E.4.22 feet; thence 420.22 feet along the arc of a curve to the right, having a radius of 974.41 feet, a central angle of 24°42'33" (chord bears S.11° 15'42"E.416.97 feet; thence S.01°05'33"W. 211.43 feet to a point of termination from which the Southwest Corner of said Section 23 bears S. 35°08'51"W.138.06 feet. Tract C: A tract of land situated in Government Lot 17, Section 22; Government Lot 8, Section 23; Government Lot 3, Section 26; and Government Lot 1, Section 27, all in Township 7 South, Range 89 West of the Sixth Principal Meridian, Garfield County, Colorado, more particularly described as follows: Beginning at the Northwest Corner of said Section 26, thence S. 21°24'59" E. 201.94 feet to a point on the westerly right-of-way line of County Road #117, the True Point of Beginning; thence N.01°05'33"E. 300.94 feet along the westerly right-of-way line of said County Road 1111.7; thence leaving said westerly right -of --way line due west 345.79 feet; thence S 19°32'01" E. 319.26 feet; thence due east 233.30 feet to the True Point of Beginning; containing 2.00 acres, more or less, toether with the following described access easement: A parcel of land 20 feet wide lying adjacent to and to the west of the following described line: Beginning at the Southwest Corner of said Section 23; thence N 00°01'48" E. 737.09 feet to the True Point of Beginning;thcnce S.2.3°37'00"E. 4.2.2 feet; thence 420.22 feet along the arc of a curve to the right, having a radius of 974.41 fret, a central angle of 24°42'33" (chord bears S 11°15' 42" E. 416.97 feet; thence S .01°05 `33"W. 2.11.43 feet to a point of termin- ation from which the Southwest Corner of said Section 2.3 bears S.35`08151" W. 138.06 feet. (in the State of Colorado and County of Garfield); and 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 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 permit- ted 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", and "C", fromithe above described 6 acre tract is hereby exempted from such definitions and said tract may be divided into tracts "A", "B", and "C" 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 BOOK 563 PaGE476 • 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", "B", and "C", and that a copy of the instrment or instrments of conveyance when recorded shall be filed with this Resolution. ATTEST : W/ t 4 Deputy Cljrk of�,the Board of County Com4issioners Garfield County, Colorado THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: Richard C. Jolley Aye Larry Velasquez Aye Aye STATE OF COLORADO ss County of Garfield 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 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, day of , A. D. 19 County Clerk and ex -officio Clerl: of the Board of County Commissioners.