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HomeMy WebLinkAbout5.0 Resolution 91-097RECORDED A /05'Z 0•CLOCK/ .M.: DEC 3 1991 B[iOK 818 POE 537 REC t! 429595 MILDRED ALSDORF, COUNT( CLERK STATE OF COLORADO ) )ss County of Garfield ) Ata regular meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Commissioners' Meeting Room, Garfield County Courthouse, in Glenwood Springs on Monday the 2nd . of December ' : A.D. 19 91 there were present: Arnold T. Markley , Commissioner Chairman. Elmer (Bucker). Arbaney ; Commissioner Marian I. Smith Don DeFord, Mildred Alsdorf Chuck Deschenes , Commissioner . , County Attorney , Clerk of the Board , County Administrator. when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 91-097 A RESOLUTION CONCERNED WITH THE APPROVAL OF A PRELIMINARY PLAN FOR EASTBANK COMMERCIAL CENTER. WHEREAS, Wayne Rudd and John Stanford have filed an application with the Board of County Commissioners of Garfield County for approval of a Preliminary Plan for Eastbank Commercial Center. WHEREAS, basedon the material submitted by . the applicant and then comments of the Garfield County Planning Department, this Board finds as follows: That proper publication, public notice and posting was provided as required by law for the hearings before the Planning Commission and Board of County Commissioners. That the hearings before the Planning Commission :and Board of County Commissioners were extensive and complete, that all pertinent facts, matters and issues were submitted:and'that all interested parties, were heard at that hearings. That the Garfield County Planning Commission :recommended approval of the Preliminary Plan. That the proposed subdivision of land is in compliance with the recommendations set forth in the Comprehensive Plan for the unincorporated area of the County. That all data, surveys, analyses, studies, plans and designs as are required by the State of Colorado and Garfield County have been submitted, reviewed, and found to meet all sound planningand engineering requirements of the Garfield County Subdivision Regulations. . BOOK. 818 PAGE 5 8 That the proposed subdivision of land conforms to the Garfield County Zoning Resolution. That for the above -stated and other reasons, the proposed subdivision is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. NOW, THEREFORE, BE IT RESOLVED that the Preliminary Plan of Eastbank Commercial Center for the following described unincorporated area of Garfield County be approved with the following conditions: 1 All representations of the applicant, either within the application or stated at the public hearing before the Board of County Commissioners shall be considered conditions of approval unless otherwise stated by the Board of County Commissioners. 2. The applicant shall resolve the conflict between lot size and wastewater disposal method by obtaining a Variance or a designation as a community water system by C.D. of H. prior to the approval of a Final Plat. The applicant shall establish a Property owner's association. The property owner's association shall be incorporated in accordance with Colorado Revised Statutes. The property owner's association shall be responsible for owner hip and maintenance of all common facilities to include, but not limited to; water, sewer, utility drainage and road facilities. Protective covenants shall be prepared and reviewed prior to the approval of the Final Plat. The applicants 'shall prepare and submit a subdivision improvements agreement, addressing all on and off-site improvements, prior to the approval of a Final Plat. The applicants shall submit improvements plans for all road, drainage and utility improvements prior to the approval of a Final Plat. All future utilities placed by the applicant shall be placed underground. The applicants shall revegetate and/or landscape all disturbed areas of the property where said activity is not precluded by other encumbrances. The applicant shall submit plans and specifications for additional stormwaterretention facilities as required by the drainage report. All required permits from the Road and Bridge Department shall be obtained prior to the approval of the Final Plat. 10. All roadways shall be designed and constructed in conformance with design standards set forth in the County Subdivision Regulations and in place at the time of submittal of the Final Plat. 11. The protective covenants shall address the prohibition of introducing contaminants into the wastewater system. This shall also be included as a plat note. t3ooK 818 PA3E539 12. The following plat notes shall be included on the Final Plat: a) Facilities common to each lot include water, sewer drainage and utility improvements. Useand maintenance are regulated by restrictive covenants. b) A blanket utility easement encumbers the entire subdivision. c) Contaminants may not be introduced into the wastewater system. 13. The applicants shall submit improvement plans for the two (2) roadways on the north end and the half cul-de-sac. improvement plans shall be consistent with the Tim Beck letter ofNovember 14, 1991. As-builts shall be submitted for both roads certifying their compliance with the engineer's calculations and improvement plans. 14. Individual water lines shall be metered separately. Applicants shall keep monthly records of the metering. These requirements shall be included in the subdivision's covenants. 15. The applicants shall identify an area of adequate size for an additional wastewater system on Lots 2 or 3. This disposal area shall be available for use by all lots and shall`• be addressed in the covenants. 16. All water rights and well permit(s) shall be transferred to the Property Owners Association. 17. The applicants shall modify the drainage plan and the proposed improvements to accommodate stormwater runoff based on the subdivision as proposed with paved road/driveway surfaces in accordance with Sections 4 and 9. Dated this Nd day of -De.ce m b e �2 A.D. 19 91 ATTEST: GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFIELD COUNTY, COLORADO af.d,L76- Clerk of the Board Chairman vote: Upon motion duly made and seconded the foregoing Resolution was adopted by the following Arnnl d T. Mackl ny Elmer (Buckey) Arbarley Marian I. Smith Aye Aye ,Aye ©orK S1.S ?O 54O. STATE OF COLORADO ) )s County of Garfield ) 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. 19 County •Clerk and ex -officio Clerk of the Board of County Commissioners BOOKSIS ME54t EX1IU3t1: '.A' PROPERTY SITUATED IN GOVERNMENT LOTS 9 ANO 18, 5ECTIOII 1, TOWNSHIP 7 SOUTH, RANGE 89 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY, OF GARFIELD, STATE OF COLORADO, SAID REAL .PROPERTY BEIUG MORi; PAR'T'ICULARLY DESCRIBED AS FOLLOWS: NOTE: FOR THE PURPOSE OF THIS DESCRIPTION ALL I3EARINGS CONTAINED HEREIN SHALL BE RELATIVE TO A BEARING OF N 0 ` 15' O0" E ON THE EAST LINE OF LOT 36 OF SAID SECTION 1, COMMENCING AT 'T'NC CORNER COMMON TO GOVERNMENT LOTS 8, 9, 10 AND 36 OF SAID SECTION 1, WHICH IS MONUMENTED BY A BRASS CAP WITNESS CORNER 11 1'14'00" E, 10.00 FEET, I11 PLACE AND (MARKED LS 10732; THENCE ALONG THE EAST LINE OF SAID LOT 18, 5 1'14'00" W, 252.06 FEE'(' TO THE TRUE PO jj'r OF HEGINUItLa THENCE CONTINUING ALONG THE EAST LINE OF SAID LOT 18, S 1'14'00" W, 59.98 FEET; THENCE N 07'47'00" W, 206.12 FEET; '!'HENCE N 36-50100" W, 549.73 I'EE'E; THENCE 11 52'31'00" E, 192.86 FEET '1'O THE SOUTHWESTERLY RIGHT-OF—WAY LINE OF OLD '31'1'1'E HIGHWAY 12; THENCE ALONG SAID RIGHT—OF—WAY LINE, S 53'23'00" E, 351.00' FEET TO A POINT ON A IIONTANGENT CURVE, THE RADIUS POINT OF WHICH BEARS S 52'50'26" W, 1760.08 FEET; THENCE LEAVIIIG SAID RIGA' -Ori' -WAY LANE, ALONG '1'1IE ARC OF SAID CURVE TO TUE RIGHT, 350.69 FEE'T', THROUGH A CENTRAL ANGLE OF 11'24'57", AND A` CHORD BEARING OF S 31'19'05" E, 350.11; FEET TO THE TRUE POIiNT OF 1'G113 J[l1G, CON'1'AINItIG 3.92 ACRES, MORE OR LESS; STATE OF COLORADO COUNI'I'Y OF G1 RFI'LLD