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HomeMy WebLinkAbout3.0 Resolution 95-073oo ! ))- 482747 B-952 P-222 09/06/95 03:55P PG 1 OF 3 I"IILDRED AI,SMRF GARFIELD COIJNTY CLERK AND REMRDER REC DOC I.CIT srATE OF COLORADO ) )ss County of Garfield ) Ata regular meeting of the Board of County Commissioners for Garheld County, Colorado, held in the Commissioners' Meeting Room, Garfield County Courthouse, in Glenwood Springs on TUESDAY , the 5thof SEPTEMBER A.D. 19 95 , there were present: Marian I - Smith Commissioner Chairman Commissioner Qqmmissioner County Attorney Clerk of the Board County Administrator Arnold L. Mackl E1 ma r Bucke .r)A rh:norr 000 Don DeFord I*tildred Alsdorf Chuck Deschenes when the following proceedings, among others were had and done, to-wit: RESOLUTION NO.95-073 A RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE GARFIELD COUNTY SUBDTVISION REGULATIONS FOR CHERYL FISCHER. WHEREAS, CHERYL FISCHER petitioned the Board of County Commissioners of Garf,reld 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 Garf,reld County, Colorado, adopted April 23,lg84,Section 8:00 through 8:60 and for the division of all.472 acre tract as described in Book 248 atPage 198, Reception #l7l002as filed in the Offices of the Clerk and Recorder of Garheld County, Colorado, into thrce (3) tracts of approximately 5.479, 3.993 and 2.00 acres each, with the exemption parcels more practically as follows: Lot 1 Lot2 Lot 3 See Attached See Attached See Attached (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 Garheld 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, that there is a reasonable probability of locating domestic water on each of said parcels, that there is existing ingress and egress to said parcels, 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 orlarger development and does not fall within the general purposes and intent of the Subdivision Regulations of the State of Colorado and the County of Garheld, and should, therefore, be exempted from the dehnition of the terms "subdivision" and "subdivided land" as set forth in C.R.S. 1973,30-28-101 (10) (a)-(d), as amended; and a o 482747 8-952 P-223 09/06/95 03:55P PG 2 OF 3 NOW THEREFORE, BE IT RESOLVED that the division of the above described 11.427 acre parcel is hereby exempted from such definitions and may be conveyed in the form of lot "1", lot "2" and lot "3" as are more fully described above and that a copy of the instrument or instruments of convey{rnce when recorded shall be hled with this Resolution. r\l'\\r" 1" rr' Dated this 5tn .'day of SEPTEI{BER A.D. lg es 'iATTEST: vote: r-a i GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFIELD COUNTY, COLORADO(r fi*n l4"H. of the Board Chairman Upon motion duly made and seconded the foregoing Resolution was adopted by the following Marian I. Smith Arnold L. Mackley Aye Aye AyeElmer (auckey) Arbaney STATE OF COLORADO ) )ss County of Garfield ) I,,CountyClerkandex-offrcioCIerkoftheBoardofCounty Commissioners, in and for the County and State aforesaid, do hereby certify that the annexed and foregoing Resolution is truly copied from the Records of the Proceeding of the Board of County Commissioners for said Garlield County, now in my oflice. INWITNESS WHEREOF, I have hereunto setmy hand and affxed the seal of said County, at Glenwood Springs, this day of _, A.D. l9_. County Clerk and ex-oflicio Clerk of the Board of County Commissioners oa 482747 8-952 P-2'24 09/06/95 O3:55P PG 3 OF 3 PROPERIY DESCRIPTION LOT 1 BEING A PORTION OF PARCEL NO 7OO-R tiEV. OF THE DEPARTMENT OF TRANSPORTATION, STAIE OF COLORADO, FORMERLY KNOW AS STATE DEPARTMENT OF IIIGHWAYS, PROJECI NO. l70-1(45), SITUATED lN LOT 3 OF siClOr.r 1J, TOwNSHIP 7 SoUTll, RANGE 96 wEST,0F THE SIxTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STAIE OF COLORADO, SAID PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT TI.IE NORTHWEST CORNER OF SICIIOT-I 1J, A BRASS CAP PROPERLY MARKED FOR THE NORTHWEST CORNER OF SAID SECTION 13. riiir'rci-s Be'tB'oo" w ALoNG IrlE NoRTI-IERLY LINE (lF SAID SECTIoN 1l 1J51,55 FEET TO THE NORTI]WEST CORNER OF SAID L.OT J, A BRASS CAP IN pLACE, STAMPED L.S. NO. 18480, TllE TRUE POINT OF BIGINNING; THENCE N-BgiB'oO" E ALONG TtlE NORTIIERLY OF SAIO LOT J 549.23 FIET; THENCE I-EAVINC SAID NORIHERLY LINE S 2g'41'2s" W JlJ 07 FEET; TI]ENCE s sz.sz's+'' W 410 05 FEET; THENCE S 45'48'09', w 58.30 FEET To A POINT oN Tl"lE WESTERLY OF LINE OF SAID LOT J; TIIENCE N 00'2800" w ALONG sAtD WESTERLY LINE 523 1B FEET TO THE TRUE POINT OF BEGINNING; SAID PARCEL OF LAND CONTAINING J 993 ACRES, MORE OR LESS SUBJECI TO AND TOCETI1ER WITH A 50 OO FOOT WIDI ACCESS EASEMENT AS DESCRIBED IN RECEPTION NO. 476606 AS RECORDED IN TI'1E OFFICE OF THE CLERK AND RECORDEI? OF GARFIELD COUNTY. PROPERTY DISCRIPIION LOT 2 tsEING A PORIION OF PARCEL NO 7OO_R REV. OF IIIE OEPARTMENI-OF iRnusponrnTtoN, sTATE oF coLoRADo, FoRMERIY KNow AS sTAIE DEPARTMENT OF HIGHWAYS, PROJECT NO. 170-1(45), SI]UAIED lN LOT 3 OF SECTION tJ, TOWNSHIP 7 dOUrH, RANGE 96 wEST, OF Tl'lE SIXTt-l PRINCIPAL MERIDIAN, COUNiY OT CNNNEI.O, STATE OF COLORAT)O, SAID PARCEL OF LAND BEING MORE PARIICULARLY DESCRIBEO AS FOLLOWS: COMMENCING AT THE NORTI.IWEST CORNER OF SAID SECTION 1J' A BRASS CAP PROPERLY MARKED FOR TI-IE NORTI-IWEST CORNER OF SAID SECTION 1J' riiiNci-N agjtabo" i nlouc Ir'lE NoRTIIERLY LINE oF SAID SECTIoN 1J 1]51 55 FEEI TO TIIE NORTIIWEST CORNER OF SAID LOT ], A BRASS CAP IN PLACE, t S. NO. 18480; -T[]ENCE N B9'18'OO" E ALONG THE NORTHERLY LINE OF SAiD tOT J 549.2J FEET TO THE TRUE POINT OF BEGINNING; THTNCE CONTINUING ALONG SNIO UONTIIERLY LINE N 89'18,00,,E 256,27 FEET TO A REBAR AND CAP IN PLACE, STAMPED L.S NO. II9BO, THENCE TEAVING SAID NORTT]ERLY LINE S 57'O2,OO" E 106.JO FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE FOR U.S. INTERSTATE NO.70, TIlENCE S 40'04,50'' W ALONG SAID wESTERLY RlGllT-oF-wAY LINE 57J 20 FEET; THENCE CONTINUING ALoNG SAID wESTERLY RIGHT-oF-WAY LINE S 43'06,J0', w f24,57 FEET: TIIENCE I.,IAVING SAID WESTERLY RIGI{T-OF_WAY LII'IE N 46'54,57,, W 552'89 FSET; T;IENCE N 57'47'J4" E 41O.O5 FEET; T1IENCE N 29'47'29" E 313 07 l-EFl TO TllE TRUE POINT OF BIGINNINC; SAID PARCEL OF LAND CONTAINING 5.479 ACRES, MORE OR LESS. SUBJECT TO AND IOGET}-IER WITH A 50 OO iOOT WDE ACCISS EASEMENI AS DESCRIBED IN RECEPTION NO 476606 AS RECORDED IN TtiE OFFICE OF THE CLERK AND RECORDER OF GARFIELD COUNTY PROPERTY DESCRIPIION LOT J BIII.IG A PORTION OF PARCEL NO.7OO_R REV. OF THE DEPARTMENT OF TRANSPORTATION, STATE OF COLORADO, FORMERLY KNOW AS STATE DEPARTMENT OF Hlcllweys, pno.lECT NO. l70-1(45), SITUATED lN LOT 3 OF SECTIoN 1J, TOwNSHIP 7 dOUTH, RANGE 96 wEST, OF IHE SIxTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD. STATE OF COLORADO, SAID PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBEO AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 1J, A BRASS CAP PROPERLY MARKED FOR THE NORTHWEST CORNER OF SAID SECTION I3; THTIICE-N AS'IAOO,,E ALONG IHE NORTHERLY LINE OF SAID SECTION 13 1.]51.55 FEET TO TI-IE NORTI]WEST CORNER OF SAID LOT 3, A BRASS CAP IN PLACE, L.S. NO. 18408; TIIENCE S OO'28'OO" E ALONG THE WESTERLY OF SAID LOT J 523.18 FEET TO THE TRUE POINT oF BIGINNING; TI-IENCE N 45'48'09" E 5830FEET:THENCES46.54'57''EJ52'BgFEETToAPo|NToNTHEWESTERLY Rlcl-lT-OF-WAY LINE OF U.S. INTERSTATE NO 70; THENCE S 4J'06'JO" W ALONG SAID WESTERLY RIGI-IT_OF_WAY LINE 4J2.17 FEIT TO A POINT ON THE WESTERLY t-lNE OF SAID LOT 5; THENCE N OO'28'OO" W 515.93 FEET TO THE TRUE pOtNT OF BEG1NNINC; SAiD PARCEL OF LAND CONTAINING 2.000 ACRES, MORE OR LESS.