HomeMy WebLinkAbout3.0 Resolution 81-365s00) 587 ? 3 954
STATE OF COLORADO S 0 1981
ss. recorder! at o'dockl�1. DECL 1, l J
Countyof Garfield
Reception No. 322425 MILDRED AtSDORF, RECORDER
regular
At a meeting of the 'Board•of County Commissioners for Garfieldl.,County, Colorado,
held at the Court House in Glenwood Springs on Tuesday the 8 t F { day of
December A.D.19 81 , there were present:
Larry Velasquez Commissioner Chairman
Flaven J . Cerise , Commissioner
Eugene Drinkhouse Con miszioner
Earl G. .Rhodes
County Attorney
Leanne Cleland, Deputy Clerk of the Board
when the following proceedings, among others were had and done, to -wit:
RESOLUTION NO. 81-365
A RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE GARFIELD COUNTY SUBDIVISION
REGULATIONS.
WHEREAS, Eugene and Norma Laven 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;10-2.8-101.(10)- (a)7(d), as amended,and the Subdivisio
Regulations of Garfield County, Colorado, adopted January'2, 1979, Sections 2.02.21 (d)
and 3.02.01 for the division of a 4.35 acre tract described as. follows:
That parcel of -land as described:in Document No. 243855 as -filed in the
Off ze of the Clerk and Recorder of Garfield County, Colorado, and in
Resolution No.81 36L by the Garfield County Board of Commissioners_
into 3 tracts approximately 2.01,,2-.-02, and '.32_acres each, more or.less, which proposed
divided tracts are more particularly described as -follows:
TRACT A: A parcel of land situated in Tract 37 and Government. Lot. 15, Section
17, Township 7 South, Range 88 West of the Sixth Principal Meridian, Garfield
County, Colorado, more particularly described as follows:
Beginning at Angle Point #6 of•said Tract #37, a brass cap monument in place;
thence S.76°51'34" E.' 359.93 feet to '•a point on the northerly right-of-way
line of County Road 113, the True Point of Beginning; -thence leaving said
northerly right-of-way. line N.03°38'40"E 141.43 feet; thence N.20°17'09"E.
109.98 feet; thence N.23°13'31",W.'76. 72' feet; thence N.18°31'00"W. 73.04 feet,
thence'N.71°29'00"E. 298.20 'feet; thence S.18°30'54"E. 73.04 feet; thence
S.13°57'17"E. 136.'97 feet to a point on the northerly. right -of-way line of County
Road 113; thence S.51°21'16"W. 342.74' feet along said northerly right-of-way
line; thence S.46°05'30"W. 90.17 feet. along said northerly right-of-way line,
to the True Point of Beginning, containing 2.01 acres, more or less.
TRACT B:. A parcel of land situated in Tract 37, Government Lots 15 and 16,
Section 17, Township 7 South, Range 88 West of the Sixth 'Principal Meridian
Garfield County, Colorado, more particularly described as follows:
Beginning at Angle_Point ##6 of said Tract #37, a brass cap monument in place;
thence 5.39°59'43"E., 294.52 feet to a point on the northerly right-of-way line
of County Road 113, the True Point of Beginning; thence leaving said northerly
right-of-way line N.12°11'00"W. 230,83 feet to a pointon the north line of
said Tract ##37; thence N.90°00'00"W. 64.57 feet along said north line; thence
leaving said north ,line. N.12°11'00"W. 1.9.17 feet; thence N.71°2900"E. 336.02
feet; thence S.23°13'31"E. 76.72 feet; thence S.20°17'09"W.'10.9.98 feet; thence
S.03°38'40"W. 141.43 feet to a point on the northerly right-of-way .line of
County Road 113; thence S.46°05'30"W. 79.41 feet along said northerly right -of
way line; thence S.49°31'49"W. 136.71 -along said northerly right-of-way line,
to the True Point of Beginning, containing 2.02 acres, more or less.
TRACT C: A parcel of land' situated in Tract 37, Section 17, Township 7 South,
Range 88 West of the Sixth Principal Meridian, Garfield County, Colorado, more
particularly described as follows:
Beginning at Angle Point ##6 of said Tract ##37, a brass cap monument in place;.
,thence 5.28°21'48"E. 266.62 feet to the True Point of Beginning; thence-
N.12°11'00"W. 240.02 feet to the north line of said. Tract ##37; thence N.90°00'00"E.
64.57 feet along said north, line; thenceleaving said northerly; line 5.12°11'00"E.
195.53 feet; thence 5.51°45'34"W. 70.26 feet to the True Pointof Beginning,
containing 0.32 acres; more or less, in the State of Colorado and County of Garfield;
and;.
BOOK 587 mE955
'WHEREAS,the;Petitioners have demonstrated to the satisfaction of the Board of
County Coiuunissioners 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 of the two larger parcels does not warrant
further subidivision review; and the smaller parcel is_created solely for the purposes
of adjusting property boundaries, 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 10 -eating domestic water on each 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 is -not part of an existing or larger
devehopment and does not fall within the 'general purposes and intent of the subdivision
•regulations ofthe 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;
NOW,:THEREFORE, BE IT RESOLVED that the:division of the above described tracts
"A", "B", and "C" from the above described 4.35 acre tract°is hereby exempted from such
definitions and said tract may be, divided, into tracts "A", "B", and "C", all as is more
fully-describedabove, and said divided tract may be conveyed in the foim 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 thePetitioners that no further exemptions be allowed on.
said tracts "A", -"B'.', and "C'`,_and that a copy of the instrument or instruments of
conveyance when recorded shall be filed with -this Resolution, and further, that a 2
interest in the well be conveyed to each of the approximately--two-acre parcels,. and that
an access easement be dedicated to: each of the two larger parcels.
ATTEST:
BOARD OF COUNTY COMMISSIONERS
GARFIELD COUNTY, COLORADO
De.uty Clerk of he Board Chairman
Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote:
Larry Velasquez Aye
l4aven J. Cerise Aye
augene Drinkhouse Aye
Commissioners
STATE OF COLORADO
County of Garfield
I, , County Clerk and ex -officio Clerk 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.