HomeMy WebLinkAbout3.0 Resolution 83-88MK 623 i'4E7 3
STATE OF,.COLORADO ) Record -a/ at o'do !� ,�A. i'JNR 2 j 1983
)ss V
Reception (' o.D 5 MILDRED ALSDORF, RECORDER
County of Garfield )�
At a regular- meeting of the Board of County
Commissioners for Garfield County, Colorado, held at the Commissioners
Annex in Glenwood Springs on . Monday , the 28th day
Of March A.D. 1983 , there were present:
Eugene "Jim" rinkhouse , Commissioner Chairman
Larry Velasquez (absent) , Commissioner
Flaxen J. Cerise , Commissioner
Earl Rhodes , County Attorney
Mildred Alsdorf , Clerk of the Board
when the following proceedings, among others were had and done, to -wit:
Resolution No. 83-88
A RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE GARFIELD COUNTY
SUBDIVISION REGULATIONS FOR EILEEN SCHROETER AND CARSON JULIUS
WHEREAS, Eileen Schroeter and Carson Julius 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 January 2, 1979,
Sections 2.02.21 (d) and 3.02.01 for the division of a 15.7 acre tract
described as follows: That parcel of land as described in Document No.
242238 as filed` in the Office of the Clerk and Recorder of Garfield'
County, Colorado into 2 tracts.of:approximately 12.2 and 3.5 acres each,`
more or less, which proposed divided tracts are more particularly
described as follows:
,TRACT A: A parcel of land lying in the SE 1/4 of- Section 6, Township 5
South, Range 93 West of the.6th Principal. Meridian, Garfield County,;
Colorado, more particularly described as follows:: Beginning at a point on
the northeasterly right-of-way line of Colorado State Highway No. 13
whence the Southeast corner of said Section 6 -bears S -.21"44'00"E. 2500.98
feet; thence N.0410'00"E. 502.56 feet; thence N.90 00'00"E. 852.66 feet;
thence.S.33"03'00"W. 484.40 feet, thence S.56"57'00"E. 305.00 feet;- thence
S. 33' 03' 00"E. 402.66 feet; thence N. 56"57' 00".W. - 746.85 feet along the
northeasterly right of way line of Colorado State Highway No. 13 to the
point of beginning. Containing 12.237 acres, more or less.
TRACT B: A parcel of land lying in the SE 1/4 of Section 6, Township:5
South, Range 93 West of the 6th,Principal;Meridian, Garfield County,
Colorado, more particularly. described as follows: Beginning -at a point on
the northeasterly right-of-way line of Colorado .State Highway No. 13
whence the Southeast corner of said Section 6 bears S.0e42'26"W. 1570.55 --
feet; thence. N.56'57'00"W. 292.79 feet along said northeasterly
,
right-of-way line; thence N.33"03'00"E. 402.66 feet; thence N.56 571.00"W.
305.00 feet; thence N.33`'03'00".E. 484.40 feet; thence N.90°00'00"E. 20.40
feet; thence S.0°10'00"W. 1069.55 feet to the point of beginning.
Containing 3.518 acres, more or less.
WATER LINE EASEMENT:
A twenty foot wide easement for the purpose of installation, operation and
maintenance of a water line, well and. necessary apertenances lying within
Parcel "A" of the Schroeter/Julius Exemption and being for the sole use of
the owner of Parcel "B", more particularly described as follows. Ten feet
either side of the following described courses: Beginning at a point
whence the Southeast corner of Section 6 bears: S.15 43'28"E. 2544.30
feet; thence S. 32- 00' 00"E. 295.00 feet thence S. 50`0')' 00"E. 526-.94 feet
to the point of termination.
(in the State of Colorado and County of Garfield);
Bang 62.E P E} 9
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 impact created 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, that thereis
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 be permitted by the Colorado Department of
Health, that the requested division isnot 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,
3.0-28-101 (10) (a) - (d) , as amended;
NOW,. THEREFORE, BE IT RESOLVED that the division of the above
described tracts "A" and "B" from the above 15.7 acre tract is hereby
exempted from such definitions and said tract may be divided into tracts
"A" and "B", 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 Petitioners that no
further exemptions be allowed on said tracts "A" and "B", and a copy of
the instrument or instruments of conveyance when recorded shall be filed•
with this Resolution.
ATTEST:
BOARD OF COUNTY COMMISSIONERS
GARFIELD COUNTY, C►ssRADO
irman
Cle k of the Board
Upon ,motion duly made and seconded the foregoing Resolution was
:adapted by the following vote:
Eugene "Jim" Drinkhouse
Larry Velasquez (absent)
Flaven J. Cerise
STATE OF COLORADO )
)ss
County of Garfield ).
Aye
Aye
Commissioners
I, County Clerk and -ex -officio
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