HomeMy WebLinkAbout2.0 Resolution 78-80oa
BEFORE THE BOARD OF COUNI'Y COI'IMISSIONERS OT
GARFIELD COUNTY, COLORADO
RESOLUTION NO. 78 _ SO
WHEREAS, Larry R. Hackett has petitioned the Boand of County Commissioners
of Ganfield County, Colorado, fon an exemption fncm the definition of the tepms
"subdivisiontr and "subdivided land" unden C.R.S. 1973 30-28-10-10I(10)(a)-(d) as
amended, and the Subdivision Regulations of Garfield County, Colorado, adopted
Septemben l, 1972 and amended Apnil 14, l-975, Sections 1.02.17(d) and 3.02.01,
for the division of a forty (40) acre tract, a pontion of which lies.in Ganfield
County, into two (2) tnacts of 25.5 acres (hereinafter tract "Ar') and 14.5 acr"es
(hereinafter tract rrB") each of which Iie only partially in Garfield County.
Said tnacts rrA'r and rrB", presently owned by Dennis E. and E11en L. Freed, ar'e
rpre particulanly described as follows:
TRACT A
A por"tion of al-l that land lying West of County Road #33t in the
NEl-,.IiEk of Section 15, Township 8 South, Range g2 West of the 6th
Pnincipal l.lenidian, Mesa and Gar.fiel-d Counties, Colorado.
TRACT B .
A portion of al-l that land lying East of County Road #331 in the
NEkNEk of Section 15, Township 8 South, Range 92 West of the 6th
Pnineipal },lenidian, Mesa and Garfiel_d Counties, Colorado.
WHEREAS, the Petitioner has demonstnated to the satisfaction of the Board
of County Commissionens of Ganfield County, Colonado, that he desires said
exemption for" the purpose of resale of said tnacts rrArr and "Bil into single-
family residential acreagel and,
IIHEREAS, the Petitioner has demonst::ated to the satisfaction of the Boand
of County Commissioners of Ganfield County, Colorado that there is adequate i-ngress
and egress to said tracts, that the location of septic tanks will be permitted by
the Colorado Departnrent of Health, that the nequested division is in accordance with
the genenal punposes and intent of the Subdivision Regulations of the State of
Colorado and the Corurty of Ganfield, and should, therefone, be exempted fnom the
definition of the tenms "subdivisiontrand t'subdivided landtr as set forth in C.R.S.
1973, 30-28-101(10)(a)-(a) as amended; and,
NOW, TIIERXFORE, upon the motion of Richard C..Jolley, seconded by Flaven J.
Cerise, and carnied, that said forty (40) acre tract to the extent that it lies
in Garfield County is hereby exempted frrom such definitions and said tract IIEy
be divided so as to create trvo (2) tracts in Ganfield County that, when combined
with the portions of tr.acts rrnrr and t'Brrthat lie in Mesa County, will comp::ise
aa
two (2) tracts of 25.5 arrd 14.5 acres, more or less, all as is more fully
descnibed above, and said divided tract rny be conveyed in the form of such
smaller tracts without furthen compliance with the aforesaid subdivision
statutes and regulations; provided,.howeven, that said exemption is
conditioned on the transfen of title on said tracts rrA'r and "B" to the
Petitioner and fu::ther that said exemption is conditioned on the Petitione::
obtaining a propen 1ega1 description of said tnacts trAil and "8" prior to any
conveyance theneof. Furthen, this exemption is granted with the expness
:reservation that permits fon individual wells on said tnacts rrArt and rrBrr will
not be issued by the Color:ado Division of Water Resources without a court
approved plan for" augmentation on change in point of divension, and with the
express understanding and agreement of the Petitioner" that no funther exemptions
be a.Llowed on said tr,acts rrArr and rtBtr. A copy of the instnument or'instruments
of conveyance when necorded shall- be filed with this Resol-ution.
Dated this 21st Day of August, A.D., 1978.
THE BOARD OF COUNTY COMMISS]O]'IERS OF
GARFIELD COUNTY, COLORADO
By:
1
@1,
Larny Ve uez..
Cl<< ---
Chai rman .-.i5
Attest:/ln rnLt)--.ktrL 4(TF{ nepuid Clbrk or trre I
Board of ucor.rty Commissi/oners
Ganfield, County, Colorado
a
2-
i?r,
'LloI t
BICHARD D. LAMM
Governor
CIVGDv:mw
cc: Lee Enewold, Div. Eng.
Ralph Stallman
DIVISION OF WATER RESOURCES
Department of Natural Resources
1313 Sherman Street - Room g1g
Denver, Colorado 90203Administration (303) 8g9_3581cround Water (303) 839_3587
August 16, lg7B
AUG 21 1s7&
C.J. KUIPEF
ii
s -.. State
Lr,ii:,-lu u"-t'
tlP.,T:l?B
Ms. Stephanie Andreasen
Garfield County planning Department
20I4 Blake Avenue
Glenwood Springs, CO gl60l
Re: Armstrong, Richards and Rosgrren,
and Hackett Exemptions
Dear Ms. Andreasen:
we have reviewed the material submitted concerning the above referencedapplications for exemption. All three proposals are located on or near streamsthat are considered critical (over-appropriated). As proposed, all the parcelswil] obtain water from individual wells drilled into tributary aquifers . Becausethese streams are critical, this office cannot issue permits for individualwells without a court approved plan for augmentation or'change in point ofdiversion. Due to this, we cannot recommend approvar of the Armstrong,Richards and Rosgren, and Hackett Exemptions as presenily proposed.
Very truly yours,
I
Engineer
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Telephone 303-945- 8b8b
JuLy 26, ].9?8
Office: 818 Grand Avenue
Board of County Conmissioners
GarfieLd County Court House
Glenwood Springs, Colorado
Re Senate BiLl ]5 ftrempti.on
NE/NE% Section 15, ip.8 s.,R. 92 W., 5th P.M.r Garfield
and Mesa Counties.
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Dear Sirs:
Enclosed you will please find the folloruing:
JI"Iap showing the above-d,escribed with parcels A and B.) vicinity Map) water source for both parcels shaIl be by drilring a well) Sewage-disposal shalI ie by individual slptic system.) Legal description
) Appllcation for exemption
Please advise me if you need any additional i-nfornation.
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WiLs
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GLENWOOD
REAIIJ inc.
p.O. Bor BB7
Glenvood Spritgs, Colorsdo 81601
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