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HomeMy WebLinkAbout5.0 Resolution 95-095//3 4$6862 B-962 P-113 12/26/95 10:58A PG 1 OF 4 REC DOC NOT MILDRED ALSDORF GARFIELD COUNTY CLERK AND RECORDER 0.00 STATE OF COLORADO ) )ss County of Garfield ) At a special meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Commissioners' Meeting Room, Garfield County Courthouse, in Glenwood Springs on Friday , the 22nd day of December A.D. 1995 , there were present: Marian I. Smith . Commissioner Chairman Arnold L. Mackie), . Commissioner Elmer (Buckey) Arbaney . Commissioner Don DeFord , County Attorney Mildred Alsdorf , Clerk of the Board Chuck Deschenes , County Administrator when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 95-095 A RESOLUTION CONCERNED WITH THE APPROVAL OF AN EXEMPTION FROM THE DEFINITION OF SUBDIVISION APPLICATION FOR GARY AND AMBER BATES. WHEREAS, the Board of County Commissioners of Garfield County, Colorado, has received application from Gary and Amber Bates for allowing an exemption from the definition of subdivision on the following described tract of land: See Exhibit A: (in the State of Colorado and the County of Garfield); and WHEREAS, the Board held a public hearing on the 23rd day of January, 1995, upon the question of whether the above-described exemption from subdivision should be granted or denied, at which hearing the public and interested persons were given the opportunity to express their opinions regarding the issuance of said exemption; and WHEREAS, the Board on the basis of substantial competent evidence produced at the aforementioned hearing, has made the following determination of fact: 1. That proper publication and public notice was provided as required by law for the hearing before the Board of County Commissioners. 2. That the hearing before the Board of County Commissioners was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at that hearing. 3. For the above stated and other reasons, the proposed use is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. NOW, THEREFORE, $E IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that the exemption from the definition of subdivision be and hereby is authorized based 0 486862 B-962 P-114 12/26/95 10:58A PG 2 OF 4 upon the following specific conditions: 1. That all representations of the applicant, either within the application or stated at the meeting before the Board of County Commissioners, shall be considered conditions of approval. 2. The applicant shall have 120 days to complete the required conditions of approval. Extensions of 120 days may be granted by the Board for a period of up to one (1) year. 3. The applicant shall submit $200, per lot, in school impact fees prior to the signing of an exemption plat. 4. A final exemption plat will be submitted, indicating the legal description of the property, dimension and area of all proposed lots or separate interests to be created, access to a public right-of-way, and any proposed easements for drainage, irrigation, access and utilities. 5. A driveway permit, if necessary, shall be obtained from Road and Bridge Department prior to signing of a final plat. 6. Control of noxious weeds is the responsibility of the property owner. 7. USFS Wildfire Protection Guidelines shall be followed for all structures. 8. Easements for the use and maintenance of the existing ditches, if necessary, shall be shown of the final plat. 9. The following plat note shall be shown on the final exemption plat: "Well permits for all lots are domestic." 10. Prior to approval of an exemption, a letter of approval from the State Engineer's Office or permits for wells shall be received by the Planning Department. 486862 B-962 P-115 12/26/95 10:58A PG 3 OF 4 Dated this 25 day of December , A.D. 19 95 . ATTEST: 0 GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFIELD COUNTY, COLORADO Chairman Upon motio'duly. e and seconded the foregoing Resolution was adopted by the following vote: Marian I. Smith , Aye Arnold L. Mackley , Aye Elmer (Buckey) Arbaney , Aye STATE OF COLORADO County of Garfield ) )ss 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 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 486862 B-962 P-116 12/26/95 10:58A PG 4 OF 4 LEGAL DESCRIPTIONS LOT 1 A parcel of land in the SE1/4NE1/4SE1/4 of Section 36, Township 5 South, Range 92 West of the 6th P.M. said parcel being a portion of That parcel described in Book 805 at Page 737 in the records of the Garfield County Clerk and Recorder and being more particularly described as follows: Beginning of a point on the east line of said Section 36 whence the E7/4 Corner of said Section bears N 1' 07' 25" E 673.40 feet; thence along sold east line S 1' 07' 25" W 436.80 feet; thence N 88' 52' 35" W 78.74 feet, thence 48.99 feet along the arc of a curve to the right said curve having a radius of 42.50 feet and a central angle of 66' 02'45"; thence N 22' 49' 50" W 6.42 feet; thence 67.33 feet along the arc of a curve to the left said curve having a radius of 57.50 feet and o central angle of 67'05'35"; thence N 89' 55' 24" W 498.74 feet; thence N 01'04'05" E 361.63 feet; thence N 89'30'14" E 673.06 feet to the PO/NT OF BEGINNING; said described tract containing 5.826 acres, more or less. LOT 2 A parcel of land in the SE1/4NE1/4SE1/4 of Section 36, Township 5 South, Range 92 West of fhe 6th PM. said parcel being a portion of that parcel described in Book 805 at Poge 737 in the records of fhe Garfield County Clerk and Recorder and being more particularly described as follows: Beginning at o point whence the EI/4 Corner of said Section bears N 17'42'38" 1092.95 feet; S 1' 07' 25" W 307.35 feet; thence 5 89' 39' 13" W 360.26 feet; thence N 1' 04' 05" E 310.00 feet,- thence 5 89' 55' 24" E 360.50 feet; to the POINT OF BEGINNING' said described tract containing 2553 acres, more or less. LOT A parcel of land in the SE1/4NE1/4SE1/4 of Section 36, Township 5 South, Range 92 West of the 6th P.M. said parcel being a portion of that parcel described in Book 805 at Poge 737 in the records of the Garfield County Clerk and Recorder and being more particularly described as follows: Beginning at a point on the east line of sold Section 36 whence the E1/4 Corner of said Section bears N 01' 07' 25" E 1110.20 feet; thence along said east line 5 1' 07' 25" W 236.61 feet; thence 5 89' 39' 13" W 372.70 feet; thence N 1' 07' 25" E 307.35 feet; thence S 89' 55' 24" E 138.24 feet; thence 67.33 feet along the arc of a curve to the right said curve having a radius of 57.50 feet and a central angle of 67' 05'35"; thence 5 22' 49' 50" E 6.42 feet; thence 48.99 feet along the arc of a curve to the left said curve having o radius of 42.50 feet and a central ang/e of 66'02'45"; thence 5 88' 52' 35" E 78.74 feet to the POINT OF BEGINNING said Tract containing 2.003 acres, more or less.