HomeMy WebLinkAbout4.0 Resolution 98-50• 11111111E11111111 III 11111 IIII 01111 111111111111
528582 07/14/1998 01:58P B1077 P732 M ALSDORF
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STATE OF COLORADO
)ss
County of Garfield
At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held
in the Commissioners' Meeting Room, Garfield County Courthouse, in Glenwood Springs on Monday ,
the 13th of July A.D. 19 98 , there were present:
Marian I. Smith , Commissioner Chairman
John Martin , Commissioner
Larry McCown , Commissioner
Don DeFord , County Attorney
Mildred Alsdorf , Clerk of the Board
, County Administrator
when the following proceedings, among others were had and done, to -wit:
RESOLUTION NO9 8 - 50
A RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE GARFIELD
COUNTY SUBDIVISION REGULATIONS FOR ELMER ARBANEY.
WHEREAS, ELMER ARBANEY 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 April 23, 1984, Section 8:00 through 8:60 and for the division of a 140.62 acre tract as
described in Book 485, Page 428, as filed in the Offices of the Clerk and Recorder of Garfield County,
Colorado, into two (2) tracts of approximately 3.455 and 137.165 acres each with the exemption parcels
more practically as follows:
Lot 1 See Attached
Lot 2 All of that property described in Book 485, Page 428 of the records of the Clerk &
Recorders Office of Garfield County, less Lot 1
(in the State of Colorado and the County of Garfield); 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 Statutes 1973, as amended, for the reason that the division
does not warrant further subdivision review; and
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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 parcels, that there is existing ingress and egress to said parcels, 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; and
NOW THEREFORE, BE IT RESOLVED that the division of the above described 140.62 acre parcel
is hereby exempted from such definitions and may be conveyed in the form of the Lot "1 and Lot "2" , as
are more fully described above and that a copy of the instrument or instruments of conveyance when
recorded shall be filed with this Resolution.
Dated this 1 3. day of July , A.D. 19 98 .
ATTEST;;';‘ • 61-). f;
;
Cle -9Dthd.Boarc
tin
GARFIELD COUNTY BOARD OF
COMMISSIONERS, GARFIELD COUNTY,
COLORADO
Chairman
,.
•
Upon motion du7y''t fade and seconded the foregoing Resolution was adopted by the following vote:
COMMISS�bIER-'CHAIRMAN MARIAN I. SMITH ,Aye
,COMMISSIONER LARRY L. MCCOWN ,Aye
COMMISSIONER JOHN F. MARTIN ,Aye
STATE OF COLORADO )
)ss
County of Garfield )
h , 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
Resolution is truly copied from the Records of the Proceeding 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
ADT /
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528582 07/14/1998 01:58P B1077 P734 M ALSDORF
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LEGAL DESCRIPTION
A PARCEL OF LAND SITUATED IN THE E1 /2SE1 /4 OF SECTION 27, TOWNSHIP 7 SOUTH, RANGE
89 WEST, OF THE 6th PRINCIPAL MERIDIAN, AND ALSO LYING WITHIN A PARCEL OF LAND AS
DESCRIBED IN BOOK 485 AT PAGE 428, COUNTY OF GARFIELD, STATE OF COLORADO, SAID
PARCEL LYING WESTERLY OF GARFIELD COUNTY ROAD NO. 117, AS CURRENTLY CONSTRUCTED
AND IN PLACE, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE COUNTY ROAD UNE AS DESCRIBED IN BOOK 485 AT PAGE 428,
THE TRUE POINT OF BEGINNING, WHENCE THE SOUTHEAST CORNER OF SAID SECTION 27 BEARS
S28'59'57"E 1023.71 FEET; THENCE LEAVING SAID WESTERLY RIGHT-OF-WAY N60'47'37 -W
289.00 FEET; THENCE N21'56'08"E 91.32 FEET; THENCE N1112'S0-E 322.94 FEET;
THENCE S77'59'15"E 329.27 FEET TO A POINT ON SAID COUNTY ROAD UNE, WHENCE THE WITNESS CORNER
FOR THE E1/4 CORNER OF SAID SECTION 27 BEARS N26'59'08"E 1404.96 FtEi; THENCE S10'00'00"W
323.94 FEET ALONG SAID COUNTY ROAD UNE; THENCE ALONG SAID COUNTY ROAD UNE S36'00'00"W
191.08 FEET TO THE TRUE POINT OF BEGINNING, SAID PARCEL OF LAND CONTAINING 3.455
ACRES, MORE OR LESS.
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