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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.