HomeMy WebLinkAbout3.0 Resolution 84-221STATE OF COLORADO ) Recorded at
ss Reception No.
County of Garfield
O'CkCk A M 0 C T 1'01984 ,.
IVI1LDNED ALSDORF, RECORDER
GARFIELD COUNTY, COLORADO.
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At a regular .meeting of the Board of County
Commissioners for Garfield County, Colorado, held at the Commissioners'
Annex in 'Glenwood Springs on Tuesday , the 9th day
of October A.D. 1984 , there were present:
Larry Velasquez
Flaxen J Cerise
Eugene "Jim" Drinkhouse
Earl Rhodes
Mildred Alsdorf
,
,
1
,
,
Commissioner Chairman
Commissioner
Commissioner
County Attorney
Clerk of the Board
when the following proceedings, among others were had and done, to -wit:
RESOLUTION NO. 84-221
A RESOLUTION. FOR THE APPROVAL OF AN EXEMPTION REQUEST BY RAYMOND E. HARPER
WHEREAS, Raymond E. Harper has 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 40+ acre tract described as follows.:
As described in book 568, page 938 and page 934 and found in the
Garfield County Clerk and Recorder's office.
into two (2) tracts of approximately 10 and 30 acres each, more or less,
which proposed divided tracts are more particularly described as follows:
Tract J-1 - see attached exhibit "A"
Tract J-2 see attached exhibit "B"
(in the State of CoLorado and County of Garfield) and
WHEREAS, the Petitioner has 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 of land does not warrant further subdivision review, and
WHEREAS, the Petitioner has 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 and egress to said tracts, that the
`location of septic tanks will be permitted by the Colorado Department of
I-ealth, 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;
BOOK 6.58 en€199
NOW THEREFORE, BE IT RESOLVED_.. that the division of the above described
tracts "A" and "B" from the above described 40+ 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 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 that a copy
of"the instrument or`instruments of conveyance when recorded shall be
filed with this Resolution.
Dated this 9th day of
ATTEST:
October
rk `of the Board`f
..D. 1984.
THE BOARD OF COUNTY COMMISSIONERS
OF GARFIELD COUNTY, COLORADO
By:
Upon motion duly made- and seconded the foregoing Resolution was
adopted by the following vote:
Larry Velasquez
Flaven J. Cerise
Eugene "Jim" Drinkhouse
STATE OF COLORADO ).
County of Garfield,
1, , County Clerk and ex
of the Board of County Commissioners in and for the County
aforesaid do hereby �ertify that the annexed and foregoing
copied from the Records of the Proceedings of the Board of
Commissioners; for said Garfield County, now in my office.
Aye
Aye
Aye
-officio Clerk
and State
Order is truly
County
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
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EXHIBIT "• A" •
EXEMPTION PARCEL J-1:
BOUNDARY DESCRIPTION:
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A parcel of land situated in the NW'SEti.of Section 33, Township 6 South, Range
92 West of the Sixth Principal Meridian, Garfield County, Colorado, also
situated in, Parcel. "J" of the Rifle Land and Cattle.,,"Dry Hollow Parcels A-0"
as mapped and filed in the Garfield County, Colorado records under Reception
No. 343119,: lying Westerly of the Westerly right-of-way/easement line of the
Curcanti-Hayden 23KV Transmission Power Line, said parcel of•land is more
fully described as follows:
Beginning at the Southwest Corner of said NW4SEk,'whence the South Quarter
Corner of said Section 33 bears: S.00°08'42"E. 1319.22 feet; thence
A.00°08'22"W. 378.00 feet along the North-South Centerline of said Section 33;
thence N.89°23'16"E, along a line parallel to the South line of said NW4SE',
1120.77 feet to a point on said right-of-way/easement line; thence S.10'24'30'E.
along said right-of-way/easement line, 383.58 feet to a point on the South line
of said NWkSEk; thence S.89°23'16"W. along the South line of said NW'kSEk,
1189.12 feet to the point of beginning, containing 10.02 acres, more or less.
SUBJECT to and TOGETHER with, the 60 foot road and utility easement known as
John's Drive as shown on said Rifle Land and Cattle Parcel Map being 30 feet
on each side of itscenterline, commencing at a point S.89°23'16"W, 150,00
feet from the Southeast Corner of said NWkSEk and running Easterly to County
Road No. 331.
SUBJFCT to a 5 foot irrigation ditch easement being 2.5 feet on each side of
its centerline pertaining to existing small irrigation ditches crossing the
above described parcel of land and/or carrying water to adjacent land or other
users.
TOGETHER with a 20 foot utility and access easement for a water pipeline from
an existing well, being 10 feet on each side of the following course.
Beginning at a point 5.89°23'16"W. 204.72 feet from the Northeast Corner of
the above described parcel of land and on its North line, thence along said
course NORTH 255.00 feet to a point approximately 13.0 feet past said well.
August 14, 1984
Job No. 784-216
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EXHIBIT "B"
PARCEL J-2:
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A parcel of land situated in the NWkSEk of Section 33, Township 6 South, Range
92, West of the Sixth Principal Meridian, Garfield County, Colorado, also
situated in Parcel "J" of the Rifle Land and Cattle "Dry Hollow Parcels A-0"
as mapped and filed in the Garfield County Colorado records under Reception
No. 343119 ,said parcel is more fully described as follows:
Beginning at the 'Center .of said Section 33, thence N.89°25'18"E. 1329.32 feet
along the North line of said NW'SE'; thence S.00°20'13"E. 1318.40 feet along
the East. line of said NW'SE';_thence S.89°23'16"W. along the South line of
said NW4SEk, 144.62 feet to a point on the. Westerly right-of-way/easement line
of the Curcanti-Hayden 23KV Transmission Power line; thence N.10°24'30"W,
383.58 feet along said Westerly line; thence S.89°23'16"W. 1120.77 feet to a
point on the North-South line of said Section 33; thence N00°08'42"W, along
said North-South line, 941.22 feet to the point of beginning, containing 30.29
acres, more or less.
SUBJECT to and TOGETHER with the 60 foot road and utility easement known as
John's Drive as shown on said Rifle Land and Cattle Parcel Map being 30 feet
on each side of its centerline, commencing at a point S.89°23'16"W. 150.00
feet from the Southeast Corner of said NWkSEk and running Easterly to County
Road No. 331.
SUBJECT to a 10 foot utility easement along and adjacent to the Boundary lines
of the above described parcel of land and adjacent to said John's Drive easement
lines; ALSO a 5 foot irrigation -ditch easement being. 3.5 feet. on eachside of..
its centerline pertaining to existing small irrigation ditches crossing the
above described parcel of land and/or carrying water to adjacent land or other
user.s, ALSO a 40 foot ditch easement, being 20 feet on each side of the center-
line of the Multi Trina Ditch, ALSO a'20 foot drainage easement along existing
drainage courses; ALSO a 125 foot right-of-way easement being 62.5 feet on each
side of the centerline of the Curcanti-Hayden 23 KV Transmission Power line;
ALSO a 20 foot utility and accesseasement for a water pipeline from an
existing well being 10 feet on each side of the following described line.
Beginning at a point N.89°23'16"E.: 916.05 feet from the Southwest Corner of the
above described parcel of land; thence NORTH 255.00 feet to a point approximately
13.0 feet past the existing well; ALSO any and all other easements and/or rights-
' of -way that may be of,record.
August 14, 1984
Job No. 784-216