HomeMy WebLinkAbout3.0 Resolution 94-130fiECORDED AT $): 3e>
REC # 47.101}8
O' CL.OCK"1 • M. NOV 1 6 UJ94
MILDRED ALSDORf, COUNTY CLERK
GARFIELD COUNTY, COLORADO
STATEOFCOLORADO)
)ss
County of Garfield )
At a regular meeting of the Board of County Commissioners for Garfield County,
Colorado, held in the Commis::Jioners' Meeting Room, Garfield County Courthouse, in Glenwood
Springs on Monday , the 14th of November A.D. 19~, there were present:
__ E_l_me_r____,(.._B_uc_k_e-=-y-'-)_A_r_b_a_n ..... ey _________ , Commissioner Chairman
__ A_r_no_l_d_L_. _t_1a_c_k_le_,y'----------• Commissioner
__ Ma_ri_· a_n_I_. _s_m_i_t_h __________ , Commissioner
__ D_o_n_D_e_F_o_r_d ____________ , County Attorney
__ M_i_l_dr_e_d_A_ls_d_o_r_f __________ , Clerk of the Board
__ c_h_u_ck_D_e_s_ch_e_n_e_s __________ , County Administrator
4J1 when the following proceedings, among others were had and done, to-wit:
RESOLUTION NO. 94-130
A RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE
GARFIELD COUNTY SUBDIVISION REGULATIONS FORE. PETER rvIATTHIES AND
DEBRA ELENA MATTHIES.
WHEREAS, E.PETER MATTHIES AND DEBRA ELENA MA TIHIES 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 40.56 acre tract as described in Book 805, Page 316,
as filed in the Offices of the Clerk and Recorder of Garfield County, Colorado, into two (2) parcels·
of approximately 37.17 and 3.39 acres in size, moreorless, with the exemption parcels more practically
as follows:
Lot 1 (See Attached)
Lot 2 (See Attached)
(in the State of Colorado and the County of Garfield); and
WHEREAS, the Petitioner has 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 Statut~ 1973, as amended, for the reason
that the division does not warrant further subdivision review; and
WHEREAS, the Petitioner has demonstrated to the satisfaction of the Board of County
Commissioners of Garfield County, Colorado, that there is a reasonable probability of locating
domestic water on each of said parcels, that there is existing 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
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BOOK0922 P~Gf 739
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
f>iOWTHEREFORE, BE IT RESOLVED that the division of the above described 40.56 acre
tract into parcels 1 and 2 is hereby exe~pted from such definitions and may be conveyed in the form
of such parcels "Lot l" and Lot 2", as is more fully described above and that a copy of the instrument
or instruments of conveyance when recorded shall be filed with this Resolution.
Dateq this 14th day of November , A.D. 19 94 .
ATTEST: GARFIELD COUNTY BOARD OF
COMMISSIONERS, GARFIELD
COUNTY, COLORADO
vote:
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Upon motion duly made ~nd seconded the foregoing Resolution was adopted by the following
Elmer (Buckey) Arbaney A ~~~~~~~~~~~~~~~~~~~~~~~·~~~~-' ye
Arnold L. Mackley A ~~~~~~~~~~~~~~~~~~~~~~~~~~~-' ye
Marian I. Smith A ~~~~~~~~~~~~~~~~~~~~~~~~~~~-' ye
STATE OF COLORADO )
)ss
County of Garfield )
I, , County Clerk and ex-officio Clerk of the Bo.ard 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
DESCRIPTION LOT 1 eoo~0922P~Gt7 40
A tract of land situate in Section 34, Township 5 South, Range 90 West of the
6th Principal Meridian and Sections 5 and 6 of Township 6 South, Range 90 West
of the 6th Principal Meridian being more particularly as follows:
Beginning at a point whence a stone for the southeast. corner of said Section 34
bears S 72"51'1211 E 788.78 feet,-thence S 58"55'0511 W 334.54 feet; thence
N 81.16'23r-W ·273.63 feet,· thence S 62"09'28" W 705.74 feet; thence
N 19"36'05" W 242.30 feet; thence N 32'42'40" W 1087.96 feet; to the
southwest corner of a tract of land described in Book 534 at Page 416 of the
records of the Clerk and Recorder of Garfield County, Colorado; thence
N 53"10'0011 E 258.36 feet along the south line described in Book 534 at Page
416,· thence N 53"10'00" E 401.64 feet along the south line described in said
·Book 534 at Page 416,· thence N 33"50'00" W 300.00 feet along the east line
described in said Book 534 at Page 416 to the south boundary of Riverbend
Subdivision Filing No. f,· thence N 81°28'00" E 560.92 feet along said south
boundary of Riverbend Subdivision Filing No. f to the west boundary of Amended
Riverbend Subdivision Filing No.2; thence along said west boundary the
following ei?,ht (8) courses: 1) S 02"57'20" E 55.08 feet; thence 2)
S 25"48'55' E 139.90 feet,-thence 3) S 10"19'16" E 97.88 feet; thence 4)
S 01"40'02" W 193.12 feet; thence 5} S 40"03'28" E 141.75 feet; thence 6)
S 17"23'47' E f 89.20 feet,-thence 7) S 45"58'22" E 132.31 feet; thence 8)
S 45°58'22" E 87.88 feet; thence S 47"56'00" E 744.32 feet to the point
of beginning, containing 37. f 7 acres more or less
DESCRIPTION LOT 2
A tract of land situate in Section 34, Township 5 South, Range 90 West of the
6th Principal Meridian and Sect/on 5 of Township 6 South, Range 90 West of the
6th Principal Meridian being more particularly as follows:
Beginning at a point whence a stone for the southeast corner of said Section 34
bears S 86"42'28" E 1041.95 feet; thence S 58"55'05" W 394.16 feet; thence
S 63"35'48" W 556.96 feet,· thence N 19"36'05" W 173.10 feet; thence
N 62"09'28" E 705.74 feet,-thence S 81"16'23" E 273.63 feet to the point
of beginning, containing 3.39 acres more or less.