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HomeMy WebLinkAbout3.0 Resolution 82-288STATE OF COLORADO County of Garfield At a re u1ar meeting of the Board of County Commissioners for Garfield County, Colorado, held at the Court House in Glenwood Springs on Monday , the 8th day of November A. D. 19 82 , there were present: Flaven J. Cerise ss. BooK 81.2 ;y i 1(. s a '?cofde'• y. N O V i 0 19 Rece0on No. ; , jam, viftDR u) Al SD:: RF. RECORDER:: Eugene "Jim" Drinkhouse Larry Velasauez (absent) 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. 82-288 RESOLUTION GRANTING EXEMPTION FROM THE COUNTY SUBDIVISION REGULATIONS FOR PAUL AMICHAUX WHEREAS, Paul Amichaux 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 (13) (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 16.5 acre tract described as follows: That parcel of land described in Book 432, Page 199 as filed in the Office of the Clerk and Recorder of Garfield County, Colorado, into 3 tracts of approximately ,48, .95 and 15.07 acres each, more or less, which proposed divided tracts are more particularly described as follows: TRACT "C": A tract of land situate in Section 6, Township 6 South, Range 89 West of the 6th Principal Meridian being more particularly described as follows: Beginning at a point whence the southwest corner of Section 34, Township 5 South,' Range 89 West of the 6th Principal Meridian hears East a distance of 813.00 feet and North 39°17' East a distance of 1005.5 feet, with all bearings contained herein being relative to a bearing of East on the north line of said Section 6; thence South a distance of 303.39 feet; thence North 81°00'28" West a distance of 270.48 feet; thence South. 23°42'36" West a distance of 140.96 feet; thence South 41°26'13" East a distance of 90.31 feet; thence South 41°41'47" East a distance of 73.31 feet; thence North 81°11'07" East a distance of 217.88 feet; thence South a distance of 340.8 feet more or less to the northerly right of way line of U.S Highway 6 & 24; thence westerly along said highway right of way line a distance of 675 feet more or less to the west line of said Section 6; thence North along said Section line a distance of 1500 feet more or less to the northwest corner of said Section 6; thence East a distance of 240 feet more or less along the north line of said Section 6 to the northwest corner of a tract of land described in Document No. 70488 of the records of the Clerk and Recorder of Garfield County, Colorado; thence South a distance of 770 feet more or less along the west line of said tract described in Document No. 70488; thence East a distance of 435 feet more or less along the south line of said tract to the point of beginning, containing approximately 15.07 acre=s; together with 5 gallons per minute of water rights appurtenant to M. Amichaux Well No. 1, said well is described and decreed in Application No. W-1858-77 in the District Court in and for Water Division No. 5, State of Colorado; and, together with an easement five feet on either side of the centerline of the water pipeline from the above described parcel to the site of the above described well for maintenance, access and utility purposes only. TRACT "D": A parcel of land situate in Section 6, Township 6 South, Range 89 West of the 6th Principal Meridian, being more particularly described as follows: Commencing at a brass cap found in place and properly marked for the southwest corner of Section 34, Township 5 South, Range 89 West of the 6th Principal Meridian; thence S. 39°51'55" W. 1005.50 feet *once along a line 770.00 feet south and parallel to the north line of said Section t. S. 89°50'33" W. 813.00 feet; thence S. 00°09'27" E. 303.39 feet to the true point of beginning; thence S. 00°09'27" E. 109.52 feet; thence S. 89°50'33" W. 95.12 feet; thence N. 66°07'49" W. 54.44 feet; thence S. 65°38'54" W. 20.15 feet; thence S. 59S'33'53" W. 116.79 feet; thence N. 41°35'40" W. 90.31 feet; thence N. 23°33'09" E. 140.96 feet; thence S. 81°09'55" E. 270.48 feet to the true point of beginning, containing 0.95 acres more or less; together with 5 gallons per minute of water rights appurtenant to M. Amichaux Well No. 1, said well is described and decreed in Apnlication No. W-1858-77 in the District Court in and for Water Division No. 5, State of Colorado; and, together with an easement five feet on either side of the centerline of the water pipeline from the above described parcel to the site of the above described well for maintenance, access and utility purposes only; and together with a roadway and utility easement and right of way 15 feet on either side of the centerline of the roadway now existing and in place from the aforesaid parcel to the northerly right of way line of U.S. Highway 6 & 24. TRACT "E": A parcel of land situate in Section 6, Township 6 South, Range 89 West of the 6th Principal Meridian, being more particularly described as follows: `iO:J? 6.12 PAE344 Commencing at a brass cap found in place and properly marked for the southwest corner of Section 34, Township 5 South, Range 89 West of the 6th Principal Meridian; thence S. 39°51'55" W. 1005.50 feet; thence along a line 770.00 feet south and parallel to the north line of said Section 6, S. 89°50'33" W. 813.00 feet; thence S. 00°09'27" E. 412.91 feet to the true point o" beginning; thence S. 00°09'27" E. 66.33 feet; thence S. 81°01'40" W. 217.88 feet; thence N. 41°51'14" W. 73.31 feet; thence N. 59°33'53" E. 116.79 feet; thence N. 65°38'54" E. 20.15 feet; thence S. 66°07'49" E. 54.44 feet; thence N. 89°50'33" E. 95.12 feet to the true point of beginning, containing 0.48 acres, more or less; together with 5 gallons per minute of water rights appurtenant to M. Amichaux Well No. 1, said well is described and decreed in Application No. W-1858-77 in the District Court in and for Water Division No. 5, State of Colorado; and, together with an easement five feet on either side of the centerline of the water pipeline from the above described parcel to the site of the above described well for maintenance, access and utility purposes only; and together with a roadway and utility easement and right of way 15 eet on either side of the centerline of the roadway now existing and in place from the aforesaid parcel to the northerly right of way line of U.S. Highway 6 & 24. (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 further 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 proba- :,ility 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 "subavided 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 "C", "D" and "E" from the above described 16.5 acre tract is hereby exempted from such definitions and said tract may be divided into tracts "CL' "D" and "E" 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 his exemption is granted on the condition and with the express understanding and agreement of the Petitioner that no further exemptions be allowed en said tracts "C", "D" and "E" and the balance of the Amichaux property, and that a copy of this instrument or instruments of conveyance when recorded shall be filed with this Resolution. DATED this 6f �G� day o: , A.D. 1982. THE BOARD OF COUNTY COMMISSIONER OF GARF•fELDaCOUNTY, COLORADO' j /� Chairmr. ATTEST: • l7• t . 6�C-a-eLetf-- Clerk of the Board' ‘aa' of County Commissioners Garfield County, Colorado Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: Aye Aye Aye Commissioners 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 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.