HomeMy WebLinkAbout2.0 Resolution 80-231ZECor t.AaC
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a00K 544: PAGE.
: County of Garfield
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- At a meeting of. the Board of County Commissioners for Garfield County,Colorado,. _
held at .the Cort House.in`.Glenwood-Springs on Tues day , the 19th.day of
�3
February •A. D. 19 '80 there were present:
....,
•
Richard C. Jolley
Commissioner Chairman
Larry Velasquez . , commissioner
Flaven-J. Cerise
- ,Commissioner
Arthur. A. Abplanalp Jr; County Attorney
Nancy Sprick Page, DeputtyCrierk of the Board
when the following proceedings, among others were had and done, to -wit:
RESOLUTION NO. 80-23
RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE GARFIELD COUNTY SUBDIVISION
REGULATIONS
WHEREAS, Earl and Ruth Keithley have petitioned the Board of County Commissioners'
of Garfield County, Colorado, for an exemption from the definition of the terms "sub --
division" 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 2.02.2.1 (d) and 3.02.01 for the division of a 28.97 acre tract described as
follows: that parcel of land as described in Document No. 2.95115 as filed in the
Office of the Clerk and Recorder of Garfield County,. Colorado into 4 tracts of approx-
imately.5.11, 5.55, 7.02 and 11.28 acres each, more or less, which proposed divided
tracts are more particularly described as follows:
Tract A: A parcel of land situated in the SW4 NW4 of Section 5, Township 6
South, Range 92 West of the Sixth Principal Meredian lying Easterly and
Northerly of existing fences and more particularly described as follows:
Beginning at an Iron Post with a Brass Cap being the Southwest Corner of
said Section 5, thence N.00°44'09" E. 3277.73 feet to a point in a fence
on the Easterly side of County Road No. 227, the True Point of Beginning;
thence along said fence N.00°12'27 E. 635.00 feet; thence leaving said
fence N.88°12'08" E. 351.O0.feet; thence S.00°12'27" W. 635.00 feet to a
point in an existing fence, thence along a fence S.88°12'08" W. 351.00
feet to the True Point of Beginning. Said parcel of land contains 5.11
acres more or less.
Tract B: A parcel of land situated in the SW4 NA and Lot 4 of Section 5,
Township 6 -South, Range 92 West of the Sixth Principal Meredian lying
Northerly of an existing fence and more particularly described as follows:
Beginning at an Iron Post twwith a Brass Cap being the Southwest Corner of
said Section 5, thence N.11°0812.1" E. 4017.56 feet; the True Point of
Beginning; thence S.01°07'22" W. 572.09 feet to a point in a fence; thence
S.26°11'19" W. 78.94 feet along a fence; thence S.88°12'08" W. 337.35 feet
along a fence; thence leaving said fence N.00°12'27" E. 651.35 feet; thence
N.89°41'27" E. 380.88 feet to the True Point of Beginning. Said parcel of
land contains 5.55 acres more or less.
Tract C: A parcel of land situated in the SW3 NW4 and Lot 4 of Section 5,
Township 6 South, Range 92 West of the Sixth Principal Meredian lying,
Southerly and Westerly of existing fences and more particularly described
as follows:
Beginning at an Iron Post with Brass Cap being the Southwest Corner of said
Section 5, thence N.11°08'21" E. 4017.56 feet; the. True Point of Beginning;
thence N.01°07'22" E. 658.00 feet to a point in a fence; thence N.89035'17"`
E. 421.70 feet along a fence; thence S.13°38'44" W. 675.48 feet along a fence;.
thence S.82°56'35"W. 12.70 feet along a fence; thence S.21°09'10"W. 91.12 feet
along a fence; thence S.26°11'19"W. 545.98 feet along a fence; thence leaving
said fence N.01°07'22"E. 572:09 feet to the. True Point of Beginning. Said
parcel of land contains 7:02 acres more or less.
Tract D: A parcel of land situated in the SW4 NWq and Lot 4 of Section 5,
Township 6 South, Range 92 West of the Sixth Principal Meredian lying
Easterly and Southerly of existing fences and. more particularly described
as follows:
BOOK 544: PAGE: 3
Beginning at an Iron Post with a Brass Cap being the Southwest. Corner.
of said: Section: 5, thence N. 11°08'21" E. 4017.56 feet, the True.
Point: of Beginning; thence S. 89041.'27" W 380.88 feet, thence
S.00012'2.7" W. 16.35feet; thence S.,88°12'08 W. 351.00 feet to a
point in a fence on. the Easterly side of County Road No. .227,:thence
.:
N.00°12'27" E. 681.96 feet along a fence; thence. N.89035'17" E.
742.21 feet along a fence; thence leaving said fence S.01007'22" i%
658.00 feet to the True Point of Beginning: Said parcel of land
contains 11 28 acresmore or less:::
Tract "A", &!., C, and "D" are located in the State: of Colorado and
County of Garfield; and
WHEREAS, the Petitioners have demonstrated tothe 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 :they wish to give a tract of land to
each of their sons and
WHEREAS, the Petitioners have demonstrated to the satisfaction of the Board
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 andegress tosaid' 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, beexempted from the definition of.
the terms "subdivision" and "subdivided land" as 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",- "C" and "D" from the above described 28.97 acre tract is hereby
exempted from such definitions and said tract may be divided into tracts "A", "8",
"C"
.,
"C and "D", 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 agree-
ment of the Petitioners that no further exemptions be allowed on said tracts "A",
"B", and "C", and that a copy of the instrument or instruments of conveyance when
recorded shall be filed with this Resolution.
Adopted the 19th day of. February , A. D. 1980.
ATTEST:
De
uty Cr. k'of the Bo i d
THE BOARD OF COUNTY COMMISSIONERS
OF GARFIELD COUNTY, COLORADO
BY: /�—�-
Chairman
fore oing Resolution was adopted by the following vote:
RUpon motion duly made and_seconded the fore
C. Jolley Aye
Larry Velasquez Aye
Flaven J. Cerise` Aye
STATE OF COLORADO
Commissioners •
County of Garfield j.
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, nowin my officer
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 Clock of
the Board of County Commissioners.: