The URL can be used to link to this page

Home My WebLink About4.0 Resolution 86-47• • STATE OF COLORADO )ss County of Garfield At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held at the Commissioners' Meeting Room at the Garfield County Courthouse in Glenwood Springs on the 12th day of May A.D. 1986 , there were present: Larry Schmueser Robert Richardson Flaven J. Cerise Don DeFord Mildred Alsdorf Roger Ludwig , Commissioner Chairman , Commissioner , Commissioner , County Attorney , Clerk of the Board , Administrative Assistant when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 86-47 A RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE GARFIELD COUNTY SUBDIVISION REGULATIONS FOR DONALD ICE AND STEPHEN THOMPSON. WHEREAS, Donald Ice and Steven Thompson have 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 for the division of a 7.42 acre tract as described in Book 657, Pages 507 and 508, as filed in the Office of the Clerk and Recorder of Garfield County, Colorado, into four tracts of approximately 2 acres, 2 acres, 2 acres, and .087 acres, more or less, which proposed divided tracts are more particularly described as follows: TRACT A: See attached TRACT B: See attached TRACT C: See attached TRACT D: See attached legal legal legal legal description for Lot A. description for Lot B. description for Lot C. description for Lot D. (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 WHEREAS, the Petitioners have demonstrated to the satisfaction of the Board of County Commissioners of Garfield County, Colorado, proof of a legal and adequate source of 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; and WHEREAS, no building permits will be issued for Lot A prior to annexation by the Town of Carbondale. Development of Lot A will be subject to obtaining water taps and payment of School Impact fees with the Town of Carbondale; • 1 NOW, THEREFORE, BE IT RESOLVED that the division of the above described tracts "A", "B" "C" and "D" from the above described 7.42 acre tract is hereby exempted from such definitions and said tract may be divided into tracts "A", "B" "C" and "D", and conveyed in the form of such tracts "A", "B", "C" and "D", all as is more fully described above, however, this exemption is granted on the condition and with the express understanding and agreement of the Petitioners that no further exemptions be allowed on said tracts "A", "B", "C" and "D" and that a copy of the instrument or instruments of conveyance when recorded shall be filed with this Resolution. Dated this 12th day of May , A.D. 1986. ATTEST: GARFIELD COUNTY BOARD OF COMMISSIONERS GARFIELD COUNTY, COLORADO ?') , (6.141/: V,' CleT'k of the Board J; C h airma rf'- —r Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: Larry Schmueser Robert Richardson Flaven J. Cerise STATE OF COLORADO ) )ss County of Garfield ) I, Clerk of the aforesaid do copies from Commissioners Ay e Aye Ay e County Clerk and ex -officio Board of County Commissioners for the Count and State hereby certify that the annexed and foregoing Order is truly the Records of the Proceedings of the Board of County for said Garfield County, now in my office. in and 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 L e -LA t' �� Lo tiii Lot A (Outlot): A tra. of land situated in Lot 15 of Section 33, Township 7 South, Range 88 West of the 6th Prin_i;?al Meridian, lying northwesterly of and adjacent to the Northwesterly boundary lines of Crystal Village Planned Unit Development, Single Family Area, Filing No. 5, Town of Carbondale. Colcra'+;), and being more particularly described as follows: Beginning at a point on the Southerly right-of-way line .of County Road No. 106 as built an: in place whence the intersection of Fourth and Main Streets in the Town of Carbondale, Colorado bears S 87'16'30" E 4111.11 feet; thence S 00°28'00" W 149.85 feet along the Westerly boundary line of Lot 3, Block 1 of said Crystal Village Filing No. 5 to the Southwest Corner of said Lot 3; thence S 81°55'25" W 97.65 feet along the Northerly boundary line of Lot 4, Block 1 of said Crystal Village Filing No. 5 to the Northwest Corner of said Lot 4; thence N 01°53'00" W 10.01 feet; thence West 201.66 feet to a point on the Easterly boundary line of a 50 foot wide ac(es� :end utility easement; thence along the boundary of said easement on the following courses: Nor:_k 123.36 feet; thence N 89°28'00" E 194.98 feet; thence S 89°26'00" E 65.18 feet; thence N 53'51' 26" E 49.21 feet to the point of beginning, containing 0.87 acre more or less) subject to and to- gether with a 50 foot wide access and utility easement described hereon. • Lot 8: A tract of land situated in Lots 14 and 15 of Section 33, Township 7 South, Range 88 West of the 5th Principal Meridian, Garfield County, Colorado, lying northwesterly of and adjacentlto the Northwesterly boundary lines of Crystal Village Planned Unit Development, Single Family Area, Filing No. 5, Town of Carbondale, Colorado, and being more particularly described as follows: Beginning at a point whence the intersection of Fourth and Main Streets in the Town of Carbon- dale, Colorado bears S 89°35'31" E 4205.35 feet; thence S 01°53'00" E 10.01 feet to the North- west Corner of Lot 4, Block 1 of said Crystal Village Filing No. 5; thence S 01°53'00" E 254.57 feet along the Westerly boundary lines of Lots 4 and 5, Block 1 of said Crystal Village Filing No. 5 to the Southwest Corner of said Lot 5; thence S 51°08'00" W 61.71 feet along the North- westerly boundary line of Lot 6, Block 1 of said Crystal Village Filing No. 5; thence along the boundary lines of said Lot 6 and a dedicated park of said Crystal Village Filing No. 5 on the following courses: S 65°09'00" W 18.37 feet; thence S 76°41'00" W 18.89 feet; thence N 84°29' 00" W 39.91 feet; thence N 70°10'00" W 74.51 feet; thence N 64°32'20" W 335.44 feet; thence leaving the boundary line of said Crystal Village Filing No. 5 on a course bearing East for 2.35.42 feet; thence North 141.91 feet; thence East 251.66 feet to the point of beginning, con- taining 2.02 acres more or less and subject to a 15 foot wide utility easement lying inside of and adjacent to the Northerly boundary line of said Lot B and subject to and together with a 50 foot wide access and utility easement described hereon. Lot C A tract of land situated in Lots 14 and 15 of Section 33, Township 7 South, Range 88 West of the 6th Principal Meridian, Garfield County, Colorado, lying northwesterly of and adjacent to the boundary line of a dedicated park in Crystal Village Planned Unit Development, Single Family Area, Filing No. 5, Town of Carbondale, Colorado, and also lying northeasterly of the centerline of the Crystal River, said tract of land being more particularly described as follows: Beginning at a point on the Westerly boundary line of a 50 foot wide access and utility easement whence the intersection of Fourth -and Main Streets in the Town of Carbondale, Colorado bears S 88"37'36" E 4458.19 feet; thence South 218.81 feet; thence West 235.42 feet to a point on the boundary line of said dedicated park; thence S 45°50'00" W 183.85 feet along the boundary of said dedicated park to a point in the centerline of said Crystal River; thence N 34°53'40" W 255.45 fact along said centerline; thence N 75°01'11" E 531.49 feet to the point of beginning, containing 2.04 acres more or less and subject to and together with a 50 foot wide access and utility easement described hereon. Lot D: A tract of land situated in Lots 14 and 15 of Section 33, Township 7 South, Range 88 West of the 6th Principal Meridian, Garfield County, Colorado, lying easterly of the centerline of the Cry- tal River and being more particularly described as follows: Beginning at a point on the Westerly boundary line of a 50 foot wide access and utility easement 4hence the intersection of Fourth and Main Streets in the Town of Carbondale, Colorado, bears S 88°37'36" E 4458.19 feet; thence S 75°01'11" W 531.49 feet to a point in the centerline of said Crystal River; thence N 08°00'00" W 230.55 feet along said centerline; thence N 89°28'00" E 596.54 feet-o,a point on the Westerly boundary line of said 50 foot wide access and utility ?asement; thence along said Westerly boundary line on the following courses: 80.38 feet along :he arc of a 51.48 foot radius curve to the left, the chord of which bears S 44°44'00" W 72.46 'eet; thence South 45.00 feet to the point of beginning, containing 2.01 acres more or less, subject to and together with a 50 foot wide access and utility easement decsribed hereon.