HomeMy WebLinkAbout8.0 Resolution 2003-83111E11 11111 11111 1111 1111111 Ii"11 11111 1111 1111
639163 10/23/2003 09:46A 81531 P463 M ALSDORF
1 of 4 R 0.00 D 0.00 GARFIELD COUNTY CO
STATE OF COLORADO )
)ss
County of Garfield )
At a regular meeting of the Board of County Commissioners for Garfield County, Colorado,
held in the Commissioners' Meeting Room, Garfield County Plaza Building, in Glenwood Springs
on, Monday, the 4'h day of November A.D. 2002, there were present:
John Martin , Commissioner Chairman
Larry McCown , Commissioner
Walt Stowe , Commissioner
Don DeFord , County Attorney
Mildred Alsdorf , Clerk of the Board
Ed Green , County Manager
when the following proceedings, among others were had and done, to -wit:
RESOLUTION NO. 2003-83
A RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE
DEFINITION OF SUBDIVISION IN THE GARFIELD COUNTY SUBDIVISION
REGULATIONS GREGORY J. AND ANNE E. TAMBURELLO
WHEREAS, Gregory J. and Anne E. Tamburello 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 April 23, 1984, Section 8:00
through 8:60 and for the division of a 40 acre tract as described in a Special Warranty Deed at Book
818, Pages 770, as filed in the Offices of the Clerk and Recorder of Garfield County, Colorado, into
three (3) tracts of approximately 20.721, 9.169, and 9.947 acres each with the exemption parcels
more practically as follows:
Parcel 1
Parcel 2
Parcel 3
See Parcel Description Attached
See Parcel Description Attached
See Parcel Description Attached
(in the State of Colorado and the County of Garfield); and
1
1 111111 11111 111111 11111 11111111111 III 6411111 1111 1111 •
639163 10/23/2003 09:46A B1531 P2 of 4 R 0.00 D 0.00 GARFIELD COUNTY CO
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 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 providing
a adequate source of water to each of said parcels, that there will be adequate 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 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; and
NOW THEREFORE, BE IT RESOLVED that the division of the above described
approximately 40 acre parcel is hereby exempted from such definitions and may be conveyed in the
form of the "Parcel 1", "Parcel 2", and "Parcel 3" of the Tamburello North, as are more fully
described in the attached parcel descriptions and that a copy of the instrument or instruments of
conveyance when recorded shall be filed with this Resolution.
Dated this 13`h day of October, A.D. 2003
,ATTEST:
di
(2Z11 -414Y -
of the Board
GARFIELD COUNTY BOARD OF
COMMISSIONERS, GARFIELD
COUNTY, COLORADO
Upon motion duly made and seconded the forego ng Resolu;Tin was adopteby the
following vote:
COMMISSIONER CHAIR JOHN F. MARTIN
COMMISSIONER LARRY L. MCCOWN
COMMISSIONER TRESI HOUPT
, Aye
, Aye
2
I I1111111111111111111111111111111111101111111111111 •
639163 10/23/2003 0946A B1531 P465 M ALSDORF
3 of 4 R 0.00 D 0.00 GARFIELD COUNTY CO
STATE OF COLORADO
)ss
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 Resolution is truly copied from the Records of the Proceeding 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. 20 .
County Clerk and ex -officio Clerk of the Board of County Commissioners
3
PROPERTY DESCRIPTION
TRACT 1
A TRACT OF LAND SITUATE IN THE SEI/ 4NEl /4 SECTION 2, TOWNSHIP 6
SOUTH, RANGE 93 WEST OF THE 6T14 PRINCIPAL MERIDIAN, COUNTY OF
GARFIELD, STATE OF COLORADO, SAID TRACT BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS
COMMENCING AT THE EAST QUARTER CORNER SAID SECTION 2, AN
ALUMINUM CAP L.S. NO. 10871 IN PLACE; THENCE N 00'29'17" WALONG
THE EASTERLY LINE OF SAID SE 1 / 4NE1 /4 656.31 FEET TO A REBAR
AND CAP L.S. NO. 31143 IN PLACE THE TRUE POINT OF BEGINNING;
THENCE LEAVING SAID EASTERLY LINE S 89'35'40' W 808.42 FEET TOA
REBAR AND CAP L.S. NO. 31143 IN PLACE THENCE S 74 '3738' W 528.45
FEET TOA POINT ON THE WESTERLY LINE OF SAID SE1/4NE 1 /4, A
REBAR AND CAP L.S. NO. 31143 IN PLACE; THENCE N 00'30'47' W
ALONG SAID WESTERLY LINE 795.65 FEET TO THE NORTHEAST 1/16
CORNER SAID SECTION 2, AN ALUMINUM CAP L.S. NO. 15710 IN PLACE,'
THENCE N 89'43'07' E ALONG THE NORTHERLY LME OF SAID
SEI /4NEI /4 1319.49 FEET TO THE NORTH 1/16 CCRNER BETWEEN
SAID SECTION 2 AND SECTION 3, A REBAR AND CAP L.S. NO. 195981N
PLACE; THENCE S 00'29'17" E ALONG THE EASTERLY LINE OF SAID
SE1 /4NE1 / 4 656,31 FEET TO THE TRUE POINT OF.EGINNING; SAID
TRACT OF LAND CONTAINING 20.721 ACRES MORE OR LESS.
SUBJECT TO AND TOGETHER WITH A 60 FOOT WIDE ACCESS AND
UTILITY EASEMENT FROM COUNTY ROAD NO. 210 ACROSS THE
N 1/ 2SE1/4 OF SECTION 2 AND ACROSS TRACT 1 AND TRACT 2 OF THE
TAMBURELLO NORTH EXEMPTION AS SHOWN HEREON.
TRACT 2
A TRACT OF LAND SITUATE IN THE SE 1/ 4NE1/4 SECTION 2, TOWNSHIP 6
SOUTH, RANGE 93 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF
GARFIELD, STATE OF COLORADO, SAID TRACT -BEING MORE
PAR71 CULARL Y DESCRIBED AS FOLLOWS
COMMENCING AT THE EAST QUARTER CORNER SAID SECTION 2, AN
ALUMINUM CAP L.S. NO. 10871 IN PLACE THENCE S 89 '2813" W ALONG
THE SOUTHERLY LINE OF SAID 5E1/ 45E1/ 4 659,45 FEET TO A REBAR
AND CAP L.S. NO. 31143 IN PLACE THE TRUE POINT OF BEGINNING;
THENCE CONTINUING ALONG SAID SOUTHERLY LINE S 89'28'13" W
659.45 FEET TO THE EAST CENTER 1/ 16 CORNER SAID SECTION 2, AN
ALUMINUM CAP L.S. NO. 31143 IN PLACE; THENCE; N 00 '30'47' W
ALONG THE WESTERLY LINE OF SAID SE1/4NE1/4 522.69 FEET TO A
REBAR AND CAP L.S. NO. 311431N PLACE; THENCE LEAVING SAID
WESTERLY LINE N 74'37'38" E 528.45 FEET TO A REBAR AND CAP L.S,
NO. 311431N PLACE; THENCE N 89'35'4 0' E 148.82 FEET TO A REBAR
AND CAP L.S. NO. 3114311V PLACE; THENCE S 00'30'02" E 657.74 FEET
TO THE TRUE POINT OF BEGINNING; SAID TRACT OF LAND CONTAINING
9.169 ACRES MORE OR LESS.
SUBJECT TO AND TOGETHER WITH A 60 FOOT WIDE ACCESS AND
UTILITY EASEMENT FROM COUNTY ROAD NO. 210 ACROSS THE
N 1/ 2SE1 /4 OP SECTION 2 AND ACROSS TRACT 1 AND TRACT' 2 OF THE
TAMBURELLO NORTH EXEMPTION AS SHOWN HEREON.
TRACT 3
A TRACT OF LAND SITUATE IN THE SE1/4NE1/4 SECTION 2, TOWNSHIP 6
SOUTH, RANGE 93 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF
GARFIELD, STATE OF COLORADO, SAID TRACT BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE EAST QUARTER CORNER SAID SECTION 2, AN
ALUMINUM CAP L.S. NO. 10871 1N PLACE, THE TRUE POINT OF
BEGINNINO; THENCE S89'28'13' W ALONG THE SOUTHERLY LINE OF
SAID SE 1/ 4NE 1/ 4 659.45 FEET TOA REBAR AND CAP L.S. NO. 31143 IN
PLACE; THENCE LEAVING SAID SOUTHERLY LINE N 00 '30'02" W 657.74
FEET TO A REBAR AND CAP L.S. NO. 31143 IN PLACE; THENCE N 89 '
3540' E 659.60 FEET TOA POINT ON THE EASTERLY LINE OF SAID
SEI/ 4NE1/4, A REBAR AND CAP L.S. NO. 311431N PLACE; THENCE S 00
29' 17' E ALONG SAID WESTERLY LINE 656.31 FEET 7O THE TRUE POINT
OF BEGINNING SAID TRACT OF LAND CONTAINING 9.947 ACRES MORE
OR LESS.
TOGETHER WITH A 60 FOOT WIDE ACCESS AND UTILITY EASEMENT
FROM COUNTY ROAD NO. 210 ACROSS THE NI/ 2SE1 /4 OF SECTION 2
AND ACROSS TRACT 1 AND TRACT 2 OF THE TAMBURELLO NORTH
EXEMPTION AS SHOWN HEREON.