HomeMy WebLinkAbout3.0 Resolution 83-397I
_!':'_,tr.:1
STATE OF COLORADO )
)ssof Garfield )County
Ata reAular meet
Commissioners for Garfield,Colorado, held at tl:e Commissioners'
Glenwood Springs on Monday r the ll?th _day of December
19 B3_, there were present:
;
ing of the Board of County
Annex in
A. D..
Eugene t'Jimrr Drinkhouse
Lanry Velasquez
Flaven J. Cerise
Earl- Rhodes
Mildred Afsdorf
when the following proceedings, among
RESOLUTION NO
A RESOLUTION CONCERNED WITH
SUBDIVISION REGULATIONS FOR
, Commis.sioner Chairman
, Commissioner, Commissioner
, County Attorney
, Clerk of the Board
others were had and done, to-wit:
. 83-397
GRANTING AN EXEI,IPTION FROM THE GARFIELD COUNTY
THOMAS AND MARY BETH JO]NER.
WHEREAS, Thomas and Mary Beth Joiner have peLitioned the Board of
County Commissioners of Garfield County, CoIorado, for an exemption fromthe definition of the terms "subdivision'and'subdivided land'under
C.R.s. 1973, 30-28-10I(10) (a)-(d), as amended, and the Subdivision
Regulations of Garfield County, Colorado, adopted January 2, L979,
Sections 2.02.21(d) and 3.02.01 for the division oi a 11.56 acre tract
described as follows: A parcel of land as described in Book 632, Pages
743 and 744, as found in the Garfield County Clerk and Recorderrs officeinto 2 ttacts of approximately 5.78 acres eachr rnor€ or less, which
proposed divided tract is more particularly described as follows:
LOT A: A tract of land situated in Lots 9 and 13 of Section 27, Township
. 7 South, Range BB West of the 6th Pr incipal l,ler idian, Garf ield
County, Colorado, lying southerly of and adjacent to theSoutherly right-of-way line of Colorado Shte Highway No. 82,lying westerly of and adjacent to the Easterly boundary lines ofsaid Lots 9 and 13, and being more particularly described asfollows:
Beginning at the intersection of the Easterly boundary line ofsaid Lot 9 with the Southerly right-of-way line of said State
Highway No. 82 whence a brass cap found in place and properly
marked for the E L/q Corner of said Section 27 bears N 45"14' EI058.I0 feeL; thence along the Southerly right-of-way line ofsaid State Highway No. 82 on the following courses: 38.2 feeE
along the arc of a 2151.80 fooL radius curve to the left, the
chord of which bears N 86o36r W 38.2 feet; thence N 87o39'30'! W
203.23 feet; thence leaving the Southerly right-of-way line ofsaid State Highway No. 82 on a course bearing South for 1050.19feeL; thence N 89020r18'E (bearing as per deed of record,
Reception No. 344649t being East) 24I.23 feet to a point on theEasterly boundary line of said Lot 13; thence North along theEasterly boundary lines of said Lots 13 and 9 for 1037.20 feet tothe point of beginning, conEaining 5.78 acres more or less, andsubject to a well easement and a 20 foot wide water line and
access easement described hereon, and together with a 50 foot
wide access easement described hereon.
Access Easement
A strip o
Section 2
Mer idian,
87"39'30'North 50.
87039'30"
f land being 50 feet in width
7, TownshiP 7 South, Range 88
Garfield CountY, Colorador 1
2of4
ituated in Lot 9 of
est of the 6th PrinciPal
ng southerlY of and
ine of Colorado State
Iy described as follows:
ght-of-way line of said
found in place and
ad jacent to tire Southdr Iy r ight-of -way
ilighway No. 82 and being more particul
ao
ft
f
S
}Iyi
1
ar
Beginning at a Poiir on the SoutherlY ri
whence a brass ca
he E l/ 4 Corner o
eet; thence South
t; thence S 89o54
nce N 89o 54'30' E
t to the point of
n2
the
fe
th
p
f
5t3
1
b
t
2 tf
ee
he
ee
y No. I
ked for
r234.9 4
ghwa
mar
E
w
00
E
t
State IIi
proper 1y
53" 28 ' 45
din
the
usPof's
87 .97feet;
87 .97
said Sectio
0.00 feet;0' w 151.00
51.00 feet;
eginning.
situated in Lot
i,lest of the 6th
ing southerly oIine of Coloradrly described a
7 bears N
nce N
et; thence
ence S
WelL Water Line and Access Easement
Well Easement: A 10 foot radius circle situate
SecEfon-Z1 Jownship 7 South, Range 88 West of
l{eridian, Garfield County, Colorado, whose radi
Lot 9 of
6th PrinciPaloint bears Said Section
in Lots 9 and 13 of Section 27 t Township
the 6t.h Pr incipal Mer idian, Garf ield
outherly of and adjacent to the
ne of Colorado State Highway No. 82 and
escribed as follows:. "
t-of-way line of said
und in place and
id Section 27 bears N
0" w 87.97 feet along
89o54'30" W 151.0 feet
ence South 1056 .3 f eet,'
of record, RecePtion
North 1050.19 feet to
res more or lessr and
described hereon, and
t wide water line and
ect to a perPetual
of the records of the
49"24,49. W 1149.60 feet from the E L/4 Corner
27.
Water Line and Access Easement: A striP of land being 20 feet in
wTArh-srE[area-m LoE-r;E-SEEtion 27, Township 7 south, Range 88
tlest of the 6th Principal t'leridian, Garfield County, Colorado,
and lying 10 feet on each side of the following described
center I ine:
Beginning at a point whence a brass caP found in place and
pr5perly marked for the E l/4 Corner of said Section 27 bears N
7a"14.49" E 1148.60 feet; thence N 87039r30' W 133.46 feet.
tOT B.A tract of land situate
7 South, Range 88 West
County, Colorado, lying
Souther ly r ight-of -vlay
being more particularlY
oeginning at a point on the Southerly righ
State Highway No. 82 whence a brass cap fo
properly marked for the E L/4 Corner of sa
i3"28,45" E LZ34.g4 feet; thence N 87"39'3
said Southerly right-of-way Iine; thence S
along said Southerly right-of-way line; th
thence N 99o20'18' E (bearing as per deed
IIo. 344649 , being East ) 238.91 f eet; then
the point of beginning, containing 5.78 ac
subject to a 50 foot wide access easement
together with a well easement and a 20 foo
access easement described hereonr and subj
easement recorded as Reception No. 256943
Garfield County Clerk and Recorder.
Access Easement
A strip of land be ing 50 feet in width
Section 27t Township 7 South, Range 88
Meridian, Garfield County, Colorado, ly
acljacent to Lhe Southerly right-of-way
Highway No. 82 and being more particula
d
of
S
I1
d
9
Pf
o
S
of
r incipal
and
Stat efol lows :
at
Beginning at a point on th
State Highway No. 82 whencproperly marked for the E
53"28r45" E
87039'30n W
North 50.00
87039'30' E
Water Line and Access Easement: A
3of 4
outherly right-of-way line of said
brass cap found in place and
Corner of said Section 27 bears N
nce South 50.00 feet; thence N
eSea
L/4
theII
fI
234.94 feet;
7.97 feet; thence S 89o54'30" W I51.00 feet; thence
eet; thence N 89o54 | 30' E 151.00 f eeb; thettce S
7.97 feet to the point of beginning.
WeIl, Water Line and Access Easement
Well Easement: A 10 foot radius circle situated in Lot
Section 27, Township 7 South, Range 88 West of the 6th P
Meridian, Garfield County, Colorador whose radius point
48024'49'![ 1148.60 feet from the E l/4 Corner of said S
27.
rip of land bein
, Township 7 Souarfield County,following descr
9of
r inc ipal
bears S
ect ion
0 feet in
Range 88
orado,
d
divided
ur ther
,
andat noa copy
be
widt.h situated in Lot 9 o
West of the 6th Principal
and lying 10 feet on each
center 1 ine:
division of th
descr ibed 11 .5
aid tract may b
scribed above,
maller tracts wtatutes and regulat
ranted on the condi
fs
Me
si
ect ion
r idian rdeoft
st
27
G
he
92rh,
CoI
ibe
Beginning at a point whence a brass cap found in place andproperly marked for the E l/4 Corner of said Section 27 bears N
48o24t49' E 1148.60 feet; thence N 87o39'30" W 133.46 feet.
(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 Garfield County, Colorado, that the
proposed division does not fall within the purposes of Part 1, Article 28,Title 30, Colorado Revised Statutes 1973r ds amended, for the reason that
the creation of the parcels does noE warrant futher subdivision
review.
WHEREAS, the Petitioners have demonstrated to the satisfaction of the
Board of County Commissioners of Garfield County, Colorado, that there is
adequate ingress and egress to said tractsr that the location of septic
tanl<s will be permitted by the Colorado Department of Health, that the
reguested 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 landn as set forth in C.R.S. 1973, 30-28-10I(10) (a)-(d)r as amended;
NOW, THEREFORE, BE IT RESOLVED that the
described tracts nA' and nB" from the above
hereby exempted from such definitions and s
tracts 'A" and 'Bn, all as is more fully de
tract may be conveyed in the form of such s
compliance with the aforesaid subdivision sprovided, however, that this exemption is g
ea6aed
andirh
bovecre tract isivided into
sa idutf
ions
t ionsth
hathaIl
o
with the express understanding and agreement of the Petitioner
further exemptions be allowed on said tracts "A'and'B, and t
of tlie insLrument or instruments of conveyance when recorded s
filed with this Resolution.
Dated this _l_g.!h' day of _Lqgem!.gl__, A.D. 1983 .
ATTEST:GARFIELD COUNTY BO
GARFIELD COUNTY, CO o
,
er o th e Boar n
,
coM ISSIONERS
4of4
Upon motion duly made and seconded the foregoing Resolution was
adopted by the following vote:
EuAene nJimr Drlnkhouse e
a?
a
Larrv Velas uez A ye
Flaven J.Ceni se e
STA?E OF COLORADO )
)
County of Garfield )
T,
of the
afor es
copied
Commis
of
19
IN WITNESS
said County,
of the Board of County Commissioners.
, CountY Clerk and
Board of County Comm issioners in and for the Coun
aid do hereby certify that the annexed and foregoi
from the Records of the Proceedings of the Board
sioners for said Garfield County, now in my office
ex-officio CIerkty and State
ng Order is trulYof CountY
WHEREOF, I have hereunto set my hand and affixed the
at Glenwood Springs, this da yof ,
seal
A. D.
County CIerk and ex-officio Clerk