HomeMy WebLinkAbout3.0 Resolution 81-158STATE OF COLORADO
ss.
County of Garfield
At a regular rne. ting of the Board of County Commissioners for Garfield County, Colorado,
held at the Court House in Glenwood Springs on .,Monday , the 1.8.th day of
.Nay A. D. 19...8.1 , there were present:
....Larry....V..e1naq.uc.z , Commissioner Chairman
, Commissioner
....E.uge1ZQ "J.1.J11" Dri.nhho.uS.e , Commissioner
... it.hur...A....1h.pl.an.alp,...J.r. , County Attorney
, Clerk of the Board
when the following proceedings, among others were had and done, to -wit:
RESOLUTION NO. 81-158
A RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE GARFIELD COUNTY SUBDIVISION
REGULATIONS FOR JAMES HURTIG.
WHEREAS, James Hurtig 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 (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 division of a 71/2 acre tract described as follows:
That parcel of land as described in Document No. 298092 as filed in the Office
of the Clerk and Recorder of Garfield County, Colorado into 2 tracts of approx-
imately 3 3/4 acres each, more or less, which proposed divided tract(s) are more
particularly described as follows:
Tract A: A tract of land situated in Lot 6 of Section 27, Township 7 South, range
88 West of the 6th Principal Meridian, Garfield County, Colorado, lying southerly
of and adjacent to the Northerly boundary line of said Lot 6 and being more
particularly described as follows:
Beginning at a point whence the E4 Corner of said Section 27 bears S 85°26'08" E
1957.79 feet; thence West 400.00 feet; thence North 336.88 feet to a point on the
Northerly boundary line of said Lot 6; thence N 89°16'00" E 400.03 feet along the
Northerly boundary line of said Lot 6; thence South 342.00 feet to the point of
beginning, containing 3.12 acres more or less.
Tract B: A tract of land situated in Lots 6 and 9 of Section 27, Township 7 South,
Range 88 West of the 6th Principal Meridian, Garfield County, Colorado, and being
more particularly described as follows:
Beginning at a point whence the E1 Corner of said Section 27 bears S 85°26'08" E
1957.79 feet; thence South 451.00 feet; thence West 200.00 feet; thence South
65.42 feet; thence S 81°25'00" W 202.26 feet; thence North 546.61 feet; thence
East 400.00 feet to the point of beginning.
EXCEPTING therefrom a parcel of land situated in Lot 9 Section 27, Township 7
South, Range 88 West of the 6th Principal Meridian, Garfield County, Colorado,
being more particularly described as follows:
Beginning at the E14 Corner of said Section 27; thence 8 74°23'30" W 2026.30 feet;
thence North 250.00 feet to the true point of beginning; thence West 200.00 feet;
thence North 25.00 feet; thence East 200.00 feet; thence South 25.00 feet to the
true point of beginning, as conveyed from Louis Meade Harker and Velda F. Harker
to Lee E. TePoel and Pearl T. TePoel by Quit Claim Deed recorded September 17,1976
as Document No. 274475 in Book 488 at Page 704 of the records of the Garfield
County Clerk and Recorder
The above described Tract B with said Document No. 274475 excepted contains 4.40
acres more or less; and
WHEREAS, the Petitioner(s) have demonstrated to the satisfaction of the Board
of County Commissioners or 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 sub-
division review, and
WHEREAS, the Petitioner(s) have demonstrated to the satisfaction of the Board
of County Commissioners of Garfield County, Colorado, that there is a reasonable prob-
ability 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 "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" from the above described 72 acre tract is hereby exempted from such definitions
and said tract may be divided into tracts "A", 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(s) that no further exemptions be allowed on said tract(s)
"A", and that a copy of the instrument or instruments of conveyance when recorded shall
be filed with this Resolution.
1. That a copy of the deed showing conveyance of the newly created tract to his
Father be received by the Planning Department; and
2. That an easement for access to the property also be conveyed to the new owner.
BOARD OF COUNTY COMMISSIONERS
GARFIELD/CQUNTY, COLORADO
BY:
ATTEST:
Deputy Cler of the; Board
of County Commissioners
Garfield County, Colorado
Ila
Cnai rma
Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote:
Larry Velasquez Aye
L'laven 3. Cerise
Eugene "Ji.m"D ii house 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 iny 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 Cl:,rk and ex -officio Cl_rk of the Board of County Commissioners.
Legal Descriptions
Tract A:
A tract of land situated in Lot 6 of Section 27, Township 7 South,
Range 88 West of the 61h Principal Meridian, Garfield County, Colo-
rado, lying southerly of and adjacent to the Northerly boundary line
of said Lot 6 and being more particularly described as follows:
Beginning at a point whence the E¢ Corner of said Section 27 bears
S 85°26'08" E 1957.79 feet; thence West 400.00 feet; thence North
336.88 feet to a point on the Northerly boundary line of said Lot 6;
thence N 89°16'00" E 400.03 feet along the Northerly boundary line
of said Lot 6; thence South 342.00 feet to the point of beginning,
containing 3.12 acres more or less.
Tract B:
A tract of land situated in Lots 6 and 9 of Section 27, Township 7
South, Range 88 West of the 6th Principal Meridian, Garfield County,
Colorado, and being more particularly described as follows:
Beginning at a point whence the Eg Corner of said Section 27 bears
S 85°26'08" E 1957.79 feet; thence South 451.00 feet; thence West
200.00 feet; thence South 65.42 feet; thence S 81°25'00" W 202.26
feet; thence North 546.61 feet; thence East 400.00 feet to the point
of beginning.
EXCEPTING therefrom a parcel of land situated in Lot 9 of Section
27, Township 7 South, Range 88 West of the 6th Principal Meridian,
Garfield County, Colorado, being more particularly described as
follows:
Beginning at the E. Corner of said Section 27; thence S 74°23'30" W
2026.30 feet; thence North 250.00 feet to the true point of begin-
ning; thence West 200.00 feet; thence North 25.00 feet; thence East
200.00 feet; thence South 25.00 feet to the true point of beginning,
as conveyed from Louis Meade Harker and Velda F. Harker to Lee E.
TePoel and Pearl T. TePoel by Quit Claim Deed recorded September 17,
1976 as Document No. 274475 in Book 488 at Page 704 of the records
of the Garfield County Clerk and Recorder.
The above described Tract B with said Document No. 274475 excepted
contains 4.40 acres more or less.
28 April 1981