HomeMy WebLinkAbout2.0 Resolution 2005-801111111 11111 111111 hill 1111 III 111111E11 1111111111111
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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 at the Courthouse Plaza Building in Glenwood Springs on Monday, the /71-4-! day of
O c_to e , A.D., 2005, there were present:
John Martin
Larry McCown
Tresi Houpt
Ed Green
Don K. DeFord
Mildred Alsdorf
, Commissioner Chairman
, Commissioner
, Commissioner
, County Administrator
, County Attorney
, Clerk to the Board
When the following proceedings, among others were had and done, to -wit:
RESOLUTION NO. 2005- 80
A RESOLUTION RATIFYING AN ACTION OF THE BOARD OF COUNTY
COMMISSIONERS OF GARFIELD COUNTY, COLORADO TAKEN ON MONDAY, JULY
15, 1974
WHEREAS, William E. Beerman and Lizabeth R. Beerman
petitioned the Board of County Commissioners of Garfield County
to exempt from the definition of subdivision, by Resolution, the
division of a ten (10) acre tract of land into two (2) five (5)
acre parcels; and
WHEREAS, said Petition was granted by vote of the Board of
the County Commissioners on July 15, 1974; however, the motion to
approve the Petition and Resolution was not formally memorialized
in an executed Resolution of Approval; and
WHEREAS, the interests of the current owners and of all
citizens of Garfield County in having accurate real estate
records will be served by recording of a resolution of
ratification in the real estate records of the Office of the
Garfield County Clerk and Recorder.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Garfield County, Colorado, at its meeting held
on the 17th day of October, 2005:
1. The record of the Proceedings of the Board of County
Commissioners, Garfield County, Colorado for Monday, July 15,
1974, shows that a Petition and Resolution for an "Exemption to
SB -35" on a ten (10) acre tract located in Section 14, Township 7
South, Range 88 West, 6t5 Principal Meridian" were approved by
majority vote on that date. A copy of said Minutes, pages 122
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and 123 of Minute Book M, is attached hereto and incorporated
herein by this reference as Exhibit A.
2. The resulting two (2) lots, each approximately five (5)
acres in size, were properly legally described, as shown on a
copy of the unexecuted Resolution associated with the Beerman
Petition attached to and incorporated herein as Exhibit B, as of
July 15, 1974. The two (2) lots, therefore, have been legally
conveyed since the date of decision.
3. The BOCC, therefore, directs the Clerk and Recorder of
Garfield County, Colorado, to record this resolution of
ratification, with its attachments, in the grantor/grantee index
of the Office of said Clerk and Recorder.
NOW THEREFORE, the BOCC hereby ratifies said approval of the
exemption from the definition of subdivision and from subdivision
review, under the conditions imposed on July 15, 1974.
DATED this 0
ATTE,$;' `."".itr"."
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to
G6rk to` the Bold;
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Upon mnion dd]ry-.made and seconded the foregoin.`esolution was.opted by the fllowing
Dh. 005.
BOARD OF 0 4 NTY 00 MI S S I OTTERS
GARFIE 1 COUNTY, CO ORADO
VP")
o f )0 Jon,�a� . Aye
•:l:,id:ary McCown Aye
Tresi Houpt Aye
Commissioners
STATE OF COLORADO
)ss.
COUNTY OF GARFIELD
I, Mildred Alsdorf, 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 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
day of , A.D. 2005.
Glenwood Springs, this
County Clerk and ex -officio Clerk of
The Board of County Commissioners
F:\MyFiles\RESO\Ratifying Action - Beerman.wpd
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Proceedings of the Board of County Catxnnissinners, Garfie/cl Con 1 11111 11III 1�i1�f! 11111 IN 111 I�I����1!I
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Lamont Kinkade presented a voucher to refund a 620.00 septic permit fee to Joseph L. & .Rita
V. Belle of Dearborn, Michigan which was issued February 6, 1974. It was discussed by the Board
that speculation on property did not justify a refund and that a precedence was not to be started
at this point. Lynn. Hill made a motion the refund be denied. . L. Husby seconded the motion.
Motion passed unanimously.
'1'h:a Board adjourned at 5:CC o'clock P.M.
MONDAY JULY 15, 1974
The Board met in regular session there being present Chairman Pete Mattivi and Commissioner.
E. L. Busby, Lynn Hill being absent. County Attorney Gerald lIartert and Administrative Assistant
Pete Weaver.
Paul Lindauer presented his petition and resolution to be exempt from SB -
35 andl 17.734
acres more or less located in the N , Sec 13, T -7-s, R -96-w, 6th PM. Motion by Busbye,l
0seconded
by Mattivi in the absence of Hill. The motion passed unanimously. $15.00 filing fee paid.
A seperats tract (owned by Paul Lindauer) containing 34.87 acres, more or less, located in
Sec. 13, T -7-S, P -96-o, 6th pm which is deeded separately and separated by the Highway 6 & 24 was
directed by Mr. Hartert, County Attorney, to be exempt from SB -35. The application for ammendment
to have the property re -zoned from Resources/Lands to Residential/General/Surburban/Density was
referred to the Planning and Boning Commission on a motion by P. L. 8usbyynd seconded by Pete
Mattivi in the absence of Hill, motion passed unanimously. Application and filing fee of 3100.00
was received by Clerk.
Dwayne Van :by and Jerry Bower presented their preliminary Industrial Park Complex (Colton
Area) to the Commissioners. All appeared in order and was sent to the staff and Planning and Zoning
Commission on a motion by 0. L. Husby and seconded by Pete Mattivi in absence of Lynn Hill. Motion
passed unanimously.
Joy Ridge Mobile Part: (Grand Valley Area Sec. 13, 7-0, 96+11, 6th PM) was presented by Mn Joyce
Idisley. The first step of the project was referred to the staff and Planning and Zoning Commission
by a motion from L. Busby, seconded by Pete Mattivi in the absence of Lynn Hill. Motion passed
unanimously.
Upon further investigation it was determined that the subject lands were improperly zoned
and warranted additional work. The motion was rescinded by Mr. Busby and seconded by Mattivi,
rescinding motion passed unanimously.
leer Claycomb (Frazier and Gingery) presented the Preliminary Plan on the Vallhalle
Subdivision (Chuck Backer - Cattle Creek Area) total area contain 248 acres more or less. Total
dwelling unit of 115 or approximate coverage of 250, the remaining acreage remains as open space.
The presentation was accepted pending zoning compliance and was referred to Planning and Zoning
and staff on a motion by R. L. Busby and seconded by Pete Mattivi in the absence of Lynn Hill.
Motion passed unanimously.
Elmer Claycomb (Frazier and Gingery)
Park (:lest of Coors uarehouse)the complex ttoebenlimited ted tIndustriam el n and Commerciale Colorado ver Industrial
ied Glenwood
Toren
area 8.5 acres to be divided into nine building sites. I•later to be supplied by Glenwood Spr_tngs,
Sewage for an interim period will be individual septic units, pending Glenwood Springs sewer plant 1
to possibly be located on Chatfield property.
a. L. Hoops, Jr. is the owner of the property and subsequently the developer.
Motion to refer the sketch plan to Staff and Planning and Zoning Commission was made by
L. Busby, seconded by Mattivi in the absence of Lynn Hill.. 315.00 filing fee paid.
Bob Chancellor (Rifle Land Associates, Ltd,) presented the preliminary plans on the Garfield
County Industrial Park Complex (South of Rifle). The operators would like to present the proposal h
in stages and start with the residential and Mobile Home Park. The Commissioners approved of the
concept and directed the firm toproceed
as proposed.
. Ross Thompson and Linda L. Claris appeared before the Commissioners to apply for e 3.2 beer
license for a storey et the Ranch of Roaring Fork. Under advisement of G. Hartert all they present-jJ
ed conformed with the rules and regulations for on and off premises consumption. A motion by
E. L. Busby and seconded by Pete Mattivi in absence of Lynn Hill to approve the license as present -H
ed. Motion passed unanimously.
i
William E. Beerman presented a petition and resolution for an exemption to 33 - 35 on a ten
acre tract located in Sec. 14, T -7-S, R_88 -W, 6th 00. The two five acre tracts are described
within lots 2 and 3 of Section 14, T -
exemption. Motion to approve thepetitionI7and88g resoth lution wasand tmadeher dbycE. L. Busbyeand tsecondectrby
Pete Mattivi in the absence of Lynn Hill. Motion passed unanimously. 315.00 filing fee paid.
Bob Richardson presented a petition and resolution for Jim Jowell to subdivide some 29 acres
located on Cattle Creek and further described within !
12-i8�',1lots 10
6th n1 F a
P 4and
The
tof e
proposed .. 15 section ..
sedn _
p _ SA �5 exemption was first presented to the Garfield10, T 7 •>,
Commissioners on April. 3, 1973. The exemption being in order anncCounty
request of Apri]. 1973, motion byE. d inivi in compliance with Cof LynnyioHill
to grant the petition and accept the resolution. Motsecondeionypassedte rIunanimouslyhe absence of Hill
Larry Antonelli presented a petition and resolution for a SB -.35 exemption. The property
described within lots 39
& 42 of T -6,s R -92-!I 6th PM, containing 9.34 acres. Motion by E. L. dusb-
and seconded by Pete Mattivi in the absence of Lynn Hill to approve unanimously. y''
Y• 315.00 filing #'ee
Robert Scarrow appeared before the Commissioners to discuss tracts up Three Mile canyon.
Petition and Resolution on properties previously sold -by Tom Walker the intention in to give the
EXHIBIT A
RESOLUTION 2005-
BEERMAN EXEMPTION
Page 1 of 2
L`Vlittl
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present owners the :Land they purchased and be play reo to clarity eescr.cpt.ion:r tor the Assessors
Office. The named person owning property are an follows: 11
1)
George V 8, Verli^ I 'lonterman
2) Ben F Hazel 11 Ilaylor
;) 11 M F, Slodyo r.! Griffith
4) i'lay Knight
I-iotion by E. L. Husby, seconded by Pete Mattivi in the absence of Lynn Rill. to opi,rove the
petition and resolution for exemption to ;B--35. Motion passed unanimously. Due to the fact: that
survey is concerned with the County Road the Filing fee wan waived.
Gene Allen (McDowell -Smith F< Assoc) presented the sketch plan for the proposed Kimberley
.subdivision owned by Otto Iinko (,Nest Cardiff Bridge Area). Meeting all rules and regulations on
a motion by E. L. Busby and seconded by Pete llattivi in the absence of Lynn Hill to refer the
data to Planning and Zoning and Staff for review. }lotion passed unanimously. =]15.00 filing
fee paid.
i:1LO Board adjourned at 5:00 o'clock P.M.
e rk
jki rman
TUESDAY JULY 16, 1974
The Board !net in regular session there being present Chairman Pete l-lattivi and Commissioner/
E. L. Busby, Lynn Hill being absent. County Attorney Gerald }[artert and Administrative Assistant
Pete Weaver.
[lotion Lo adopt the following Resolution by E. L. Busby and seconded by Pete Hattivi in the
absence of Lynn Hill. Motion passed unanimously.
M[EREAS , the Garfield County Board of Commissioners has received a letter dated June 19,1974J!,
from the Executive Director, Department of Local Affair,, setting forth requirements of eligibility
for financial assistance pursuant to H.B. 1041 (1974), and
,dI HEAS, Garfield County desires to participate in the program and comply with the requiretnentp
of 0.0. 1041 to effectuate proper planning within this county.
IJ0
THEREFORE, BE IT 0LSOLy0j that
1. This County will make the program of identification and designation of matters of state
interest a part of thin County's comprehensive planning program.
2. This County will meet standards established by the Department of Local Affair -'s relative
to scope, detail, accuracy and comparability.
3. This County hereby finds that the following are examples of development pressures within
the County:
a)
b)
c)
d)
e)
f)
g)
b)
i)
J)
k)
Mineral Resource Areas
Natural Hazard Areas
Historic and Archaeological Sites
Wildlife Habitats
Airports and Airport Areas
Public Utilities
Highways and Interchanges
Hooter and Sewage Facilities
New Communities
'dater Projects
nuclear Detonations
4. This County will submit a detailed worj= plan in compliance with the requirements of said
letter indicating; hos., financial and technical assistance will be used for identification end
designeti.on of matters of state interest within the territory of the County, including all
municipalities.
Dated this 16th dry of July, 1974.
ATTEST:
dila Stephens
Ella Stephens, County Clerk
TJI0 BOARD OF COMMISSIONERS OF
GARF'IELD COliltOt, COLORADO
Fete J. i Iattivi
. L. Busby
L. L. B by
Lynn
Af'fF3'�3
hr. Goodale was directed by the Commissioners to proceed with the wort: plans to meet with
the above Resolution.
Board odjou ned at 5:00 o'clock P.M.
C.ler
d z -man
SEE F r E6' 125 Fol; NEXT MEETING DAT E; - hIOP1.DIlf JULY P4_ 1974
EXHIBIT A
RESOLUTION 2005-
BEERMAN EXEMPTION
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WHEREAS, William E. Beerman and L lzatieth R. Beerman have petitioned The
Board of County Comm ssioners of Garfield Count ,,Colorado, for an exemption
under C. R. S. 106-2-33(3) (d) (1963 as amended for the division of 10 acre
tract into 2 tracts of approximately 5 acres, more or less, and more particularly
described as follows:
#1 - A tract of Land situate in portions of 'Lots 2 and 3, Section 14,
Township 7 South, Range 88 West of the 6th Principal Meridian, being
more particularly described as follows: Beginnin at a point whence
the West 1/4 corner of said Section 14 bears S $4 06'41" W 1398.87 feet;
thence 5 00°03'30" E. 312.29 feet;'thence N. 45 29'25" W. 520.42 feet;
thrice N. 00°03'30" W. 491.06 feet; thence East 70.04 feet; thence S.
55-16'11" L, 366,00 fent1 thtnee 6,90903'30''• L, 335,26 feet to the point
of beginning containing 5.013 acres more or less.
#2 - A tract of land situate in portion0 of Lots 2 and 3, Section 14,
Township 7 South, Range 88 West of the 6th Principal Meridian, being
more particularly described as follows= 'Beginnini at a point whence
the West 1/4 cornero of said Section14 bears N, 89 44'15" W. 860.89
feat" thence N. 00 03'30" W.691.06feet; thence East 160.00 feet; thence
S.00 03'30" E. 491.06 feet; thence.'S. 45°2'25" E. 520.42'feet; thence
S.00°03'30" E. 214.67 feet; thence N. 54°27'15" W. 652.79 feet to the.
point of beginning containing 5.000 acres more or less.
WHEREAS, The Petitioners have shown to.the satisfaction of the Board of County
Commissioners of Garfield County, Colorado that they desire said exemption for
the purpose of re -sale into single-family residential acreage, and
WHEREAS, Petitioner has demonstrated to'the`satisfactfon of the Board that
there is a reasonable probability of locating domestic water on each of said
5 acre tracts, however at this time it is the theory that both 5 acre tracts
shall use the same well, 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, as evidenced by the attached Letter of Feasibility for Sewage Disposal,
that the requested division is in accordance with the general purposes and intent
of the subdivision regulations of the Stateof Colorado and the County of Garfield
and that said division will actually restrict the density of housing within said
area and should therefore be exempted from the definition of the terms "subdivision"
and "subdivided land" as set forth in C. R..S. 106-2-33 (3) (d) (1963 as amended);
NOW, THEREFORE, upon motion of seconded by
and unanimously carried said acre tract of
land is hereby exempted from such definition and transfer of said tract may be
rade by division into tracts of acres, more of less,
all as is more fully described in the Petition pertaining hereto. A copy of the
instrument or instruments of conveyance when recorded shall be filed with this
Resolution.
Dated this
Attest:
day of , 1974.
THE BOARD O ' COUNTY COMMISSIONER OF
GARFIELD COUNTY; COLORADO
EXHIBIT B
RESOLUTION 2005-
BEERMAN EXEMPTION
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