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HomeMy WebLinkAbout5.0 Resolution 82-24STATE OF COLORADO ss. County of Garfield wK 591 PAGE64 y Racorde d at 9 o'clock__ M. J A hl 27 19i12 Reception No. a"'. 2 4Q9a MILDRED ALSDORF, RECORDER regular. At a � meeting of the Board of County Commissioners for Garfield County, Colorado, held at the Court House in GIerr c ;•c Springs on Noaday , the..,2.Sth day of sialag.IT. • ; D. 19 az:.., there were present: F1: si.. n. J GerLs e , Commissioner Chairman £i ggT' e .A Ln khclu e. ; Commissioner Lazry V 1as.que , Commissioner oxl....G.:. RJ.m.d S , County Attorney L ane C11.axici.,:...D.e.puty , Clerk of the Board when the following proceedings, among others werehad and done, to -wit: RESOLUTION NO. 82-24 A REEOLUTION CONCERNED WITH GRANTING AN: EXEMPTION"FROM THE GARFIELD COUNT SUBDIVISION REGULATIONS FOR Chuck Becker WHEREAS, Chuck Becker 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. 19,73,30-28-101 (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 c'ivision of.a 266 acre tract described as follows that parcel:of.land as described in Document: No. 260308 as filed in the Office of the Clerk and Recorder of` Garfield County, Colorado.into 3 tracts ofapproximately 90; 5:75, .8, and the remaining 243 acres each,, more or less, which proposed divided tracts are more particularly described as'follows: TRACT A: A parcel of land situate within a portion of Lot 14, Section 7, andLot 10 of Section 8, T75,,R88W of the 6th Principal Meridian, County of..Ga field, State of Colorado, more particularly described a.sfollows: Beginning at.:a point whence the common corner of said Section7 and said Section 8 bears S:89°13.'30"E.a distance. of; 493.41 feet said point on the nortrerly:,line -of said: Lot'14., thence S.14°44'46"E parallel toan.d.100.00 feet, easterly of that :certain parcel of land as describe& in Book 518 at page 591, Garfield County:Clerk and Recorder's Office, a -distance of 454.86 feet; thence 5.75-°15'14"W; parallel to and 100.00.feet southerly of the aforementioned parcel of land a distance'of 290:64 feet to,a point on the easterly boundary of a certain' parcel of land': as described in Book 428 at page 286,. Garfield County Clerk and Recorder's Office-; thence S.05°27'13"Ealong`said boundary linea distance of 183.87 feet to a property corner of the aforementioned parcel;`thence S.89°11'287E:a distance of 634.10 feet to .a point on the section line. of Section 7 and Section 8; thence N: 88°44'59"E a distance of 143.68 feet; thence - N.00°35'09"E a distance of 699.21 feet to a pointon the northerly line of Lot 10 said Section 8; thence S:88°44159"14 along. said: lot; line a distance of 143.68 feet to the common corner of said Section 8 and said . Section`7, thence N:89°13'30"W along the northerly line of Lot 14 said Section 7 a distance of 493.41 feet to`the.point.of beginning, said parcel containing 10.29 acres, more or'less. Area includes County Road as recited in Book 160 at _page 130, Garfield County Clerk and Recorder's Office. Descripticnn is also subject to, the following: A right-of-way easement to Holy Cross Electric Company being 20 feet in width and lying 10 feet on each side of the following described center- line as constructed and in place: Beginning at a point whence the common corner of said Section 7 and said Section 8 bears N.75°55'50"E a distance of 475.45 feet; thence N.58°09'09"E along the centerline of said easement a distance of 50.78 feet; thence 5.79°50'59"E a distance of 346.80 feet, to a point of terminus. The sidelines of the above described easement shall be lengthened or shortened to terminate at property -line. Together with a waterline easement being 20 feet in width and lying 10 feet on each side of the following described centerline: BOOK. 591 NGEC44: Commencing at a pointwhence the common corner of said Section 7 and Section 8 bea'rs:S.89°13'30"E a distance of 493.41; feet,.. said point being on the northerly line of said. Lot 14,• thence S.14°44'46"E parallel to and 100.00 feet easterly of that certain Parcel of ]and described in Book 518 at page 591, Garfield County .Cle k and Recorder's. Office, a distance of .228.25 feet'. to . the point of beginning; thence N.15°28'01"E a distance of 25.68 feet; thence N.10048'1`3"W a distance of 89.66 feet to a point of .terminus.: The sidelines of, the above. described easement shall be lengthened or shortened to..�,terminate at property line. Together with easements and right-of-ways as recorded in the:Uarfield County Clerk and Recorder's Office and easements of unapparent nature. TRACT B: A parcel of land situate within a portion of Lot 10, Set;tion 8, T7S, R88W of the 6th Principal ' u'i.dian, County of: Garfieldtate of Colorado, more particularlydescribed as follows: Beginning at a point whence thecommon corner to said Section. 8 and Section 7 bears 5.88°44'59"W a distance . of 143.68 feet, Haid point being on the northerly line of said Lot, 10; thence S.00°35'09"W a distance of 699.21 feet; thenceN.88°44'59"E a distance 389.67 feet; thence N.04°30' 46"W...a : distance of 699.99. feet, to a point': on the northerly line of said Lot 10; thence S.88°44'59"W along_Isaid lot a distance of 327.43 feet, to the point of beginning, said;parcel containing 5.75 acres more or less. Area includes county:. road as recited in Document No. 102744, Carfield County Clerk and Recorder's Office. Together with easement and right-ofways as recorded in the Garfield County Clerk and Recorder's Office and easements: of unap- parent nature. TRACT C: A parcel of land situate .within a protion of Lot 10, Section 8, T7S, R88W.of the 6th Principal.Neridian, County. of Garfield, State of Colorado,_more particularly, described as follows Beginning at a point` whence the common corner to..said Section 8 and Section 7 bears S.88°44'59"W a distance of 471.11 feet;: thence S.04°30'46"F:a distance of 699.99 feet; thence N.88°44'59"E a dis- tance of 466.65 feet;. thence N.00°35'09"E a distance of 699.21 feet, to a point on the northerly line of said Lot510;thence S.88°44'59"W along said lot line a distance of 528.89 feet -.to the point` of beginning, said parcel containing. 7.99 acres. more or less. Area includes county road as recited in Document No. 102744, Garfield County Clerk and Recorder's Office, together with easement and right- of-ways as recordedin the Garfield County Clerk and Recorder's Office and easements of unapparent nature. and the remaining 243 acres (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 th:T 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 BO°DK 591 p.liGEG45 WHEREAS, the Petitioner hasdemonstrated to the satisfaction of the_Bdard 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 he 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, NOW, THEREFORE, BE IT RESOLVED, that the division of the above described tracts "A", "B", and "C" from the above described 266 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 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 beallowed on said tracts "A", "B", and "C" or the remaining 243 acre parcel and that a copy of the 3trument or instruments of conveyance when recorded shall be filed. with this Resolution. ATTEST: BOARD OF COUNTY COMMISSIONERS GARFIELD COUNTY, COLORADO Dep'uty Clerk of the Board Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: Flaven J. Cerise Aye Eugene Drinkhouse Aye Larry Velasquez 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.