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Home My WebLink About3.0 Resolution 86-19STATE OF COLORADO County of Garfield Recorded at I: 30 o'clock e M. FEB 1 o .. ,..;1;.;;.98_6~ ~ SS R~on No. ;;$6875 9 MILDRED ALSDORF. RECORDEfl ) GARFIELD COUNTY, COLORADO eoot< 683' .,A~£412 At a REGULAR meeting of the Board of County Commissioners for Garfield County, Colorado, held at the Commissioners' Meeting Room, Garfield county Courthouse in Glenwood Springs on Monda:t: , the 10th day of Februar:y A.D. 19.fil.:._ ' there were present: Larry Schrnueser , Commissioner Chairman ~~--=-~~~~~~~~~~~~~~ Robert. rtld,ardson , Commissioner ~~~~~~~~~~~~~~~~~ Flaven J. Cerise , Commissioner ----;:;;;..;;;...;...;;..:;..:......:;;...:_..:;..:c:..=.==~~~~~~~~~ Don DeFord , County Attorney ----'""""-'---=-=-----='--~~~~~~~~~~~ Mildred Alsdorf , Clerk of the Board ~;;;;.;:.=-..;:;.;:::....~====-=--~~~~~~~~~ ~Ro~g~e~r'--"L~u~d~w~i~g~---~~~~~~~~~' Administrative Assistant when the following proceedings, among others were had and done, to-wit: RESOLUTION NO. 86-19 A RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE GARFIELD COUNTY SUBDIVISION REGULATIONS FOR TOM AND SUSAN MEASON. WHEREAS, Torn and Susan Meason, 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, 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 91.71 acre tract as described in Book 627, Pages 772 and 773, as filed in the Office of the Clerk and Recorder of Garfield County, Colorado into three tracts of approximately 3.18 acres, 33.53 acres and 55.0 acres. more or less, which proposed divided tracts are more practically descrL ! · as follows: TRACT A: See attached legal description for Parcel 1. TRACT B: See attached legal description for Parcel 2. TRACT C: See attached legal description for Parcel 3. (in the State of Colorado and County of Garfield); and 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, Tract "A" is technically exempt from this exemption process as a parcel greater than 35 acres in size; and WHEREAS, the agreed to issue, this exemption in be approved; and Colorado Division of Water Resources has not issued, or an additional well permit for Tract B and approval of no way implies that such a well permit may, or may not, 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 locating domestic water on each of said tracts, with the exception that the approved source of domestic water for Tract "B" is a cistern and irrigation rights, that there is adequate ingress and egress to said tracts, that the loc~tion 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; MOK f;i§p fAC£413 NOW THEREFORE, BE IT RESOLVED that the division of the above described tracts "A", "B" and "C" from the above described 91.71 acre tract is hereby exempted from such definitionB and said tract may be divided into said tracts "A", "B" and "C" and may be conveyed in the form of such tracts "A", "B" and "C", all 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. ;J, Dated this IC -day of k of the Board // THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: _L_a_r_r_y'--S_c_h_m_u_e_s~er _______________________ ~Aye -~Ro~b~e~r~t;__.;.R=i~c=h=a~rd=s~o=n~---------------------~Aye _F_l_a_v_e_n_J~ __ c_e_ri_s_e _______________________ ~Aye 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 Resolution 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 of said County, at Glenwood Springs, this hand and affixed the seal -----day of , A.D. 19 --- PROPERTY DESCRIPTION PARCEL NO. 1 A tract of land situate in the NE 1/4 of the NE 1/4, the NW 1/4 of the NE 1/4 and the SW 1/4 of the NE 1/4 of Section 34,.Township 7 South, Range 89 West of the 6th Principal Meridian being nore particularly described as follcws: Beginning at the northeast oomer of said Section 34; thence S 00°12'16" w 1308.45 feet along the east line of said NE 1/4 of the NE 1/4 to the south- east corner of said NE 1/4 of the NE 1/4; thence N 89°54'46" W 1345.87 feet along the south line of said NE 1/4 of the NE 1/4 to the southwest corner of said NE 1/4 of the NE 1/4; thence S 00°12'21" W 988.95 feet along the east line of said SW 1/4 of the NE 1/4; thence N 89°47'39" W 500.00 feet; thence N 00°12'21" E 1378.45 feet to the routheasterly right-of-way line of C.ounty Road No. 117; thence along said oounty road right-of-way line the following five (5) courses: 1) N 58°03'18" E 270.53 feet; thence 2) N 44°50'13" E 345.08 feet; thence 3) N 50°40'10" E 447.29 feet; thence 4) N 44°59'54" E 219.73 feet; thence 5) N"26°51 '02" E 99.97 feet to the north line r>f .said NE 1/4 of the NE 1/4; thence S 89°56'41" E 829.76 feet along said north line to the )'.X)int of OC"'ginning, rontaining 55.00 acres rrore or less. PROPERTY DESCRIPTION PARCEL NO. 2 A parcel of land situated in the Wl/2 NEl/4 and the SEl/4 NW 1/4 of Section 34, Township 7 South, Range 89 West of the Sixth Principal Meridian, Garfield County, Colorado; said parcel lying southerly of County Road No. 117; being more particularly described as follows: Commencing at the Northeast Corner of said Section 34r a County Surveyor brass cap in place; thence S.62°46'07"W. a distance of 2456.62 feet to a point on the southerly right-of-way of County Road No. 117, said point being the True Point of Beginning; thence leaving said right-of-way S.38°~1'24°E. a distance of 233.58 feet to the centerline of Four Mile Creek; thence along said centerline the following six courses: 1. S.45°00'l0°W. 101.02 feet 2. S.54°12'44°W •. 201.37 feet 3. N.65°28'19°W. 81.15 feet 4. S.70°40'29"W. 187.23 feet 5. S.89°55'08"W. 119.76 feet 6. S.74°33'54"W. 56.45 feet; thence leaving said centerline N.00°12'26"E. a distance of 171~20 feet to a p~int on the southerly right-of-way of County Road N. 117; thence along said right-of-way the following four courses: 1. S.82°36'42°W. 248.43 feet 2. N.75°06'56"W. 202.89 feet 3. N.81°40'27"W. 102.29 feet 4. S.85°57'27"W. 255.08 feet; thence leaving said right-of~way, S.Ol 0 21'16"E. 295.16 feet; thence N.89°18'44"E. 790.12 feet to a point on the westerly line of the SWl/4 NEl/4 of said Section 34; thence _S.00°12'26°W. along said westerly line, 975.24 feet to the center·~f said Section 34, i No. 5 rebar in place; thence S.89°52'51"E. along the centerline of said Section 34, 1345.90 feet to the southeast corner of said SWl/4 NE 1/4; thence N.00°12'2l"E. 318.75 feet; thence N.89°47'39°W. 500.00 feet; thence N.00°12'2l"E. 1378.45 feet to a· point on the southerly right-of-way of said County Road No. 117; thence S.58°03'18"W. along said right-of-way, 395.03 feet to the True Point· of ~eginning; said parcel containing 33.53 acres, more or leis. Excepting from the above described propErty any expressed or implied easements for the following ditches: 1. Hoda Ditch 2. Buck Farm Ditch, Mod a Enl,.argement 3. Lynch Ditch, Moda Enlargement 4. Lynch Ditch, Third Enlargement ~ ,) ! ()..., J . .)() o r..._ !,;,' ,~ ..:) PROPERTY DESCRIPTION PARCEL NO. 3 A parcel of land situated in the Wl/2 NEl/4 of Section 34, Township 7 South, Range 89 West of the Sixth Principal Meridian, Garfield County, Colo~ado; said parcel lying southerly of County Road No. 117; being more particularly describ~d as follows: _Commencing at the lforthe.ast Corner of said Section 34, a County Surveyor brass cap in place; thence S.62°46'07"W. a distance of 2456.62 feet to a point on the southerly right-o.f-way of County Road No. 117, said point being the True Point of Beginning; thence leaving said right-of-way S.38°51'24"E. a distance of 233.58 feet to the centerline of Four Mile Creek; thence along said centerline the following six courses: 1. S.45°00'1C"W. 101.02 feet 2. S.54°12'44"W. 201.37 feet 3. N.65°28'19"W. 81.15 feet 4. S.70°40'29"W. 187.23 feet 5. s.89°55'08"W. 119.76 feet, 6. ~>.74°33'54"W. 56.45 feet; thence leavirig said centerline N.00°12'26"E. a distance of 171.20 feet to a point ~n the southerly right-of-way of County Road N. 117; thence along said right-of-way the following four courses: 1. N.82°36'42"E. 55.24 ~eet 2. N.75°28'32"E. 153.66 feet 3. N.57°12'28"E. 296.66 feet 4. N.58°03'18"E. 70.00 feei the the True Point of Beginning; said parcel containing 3.18 acres, more or less. Excepting from the above described property any expressed or implied easements for the following ditches: 1. Moda Ditch 2. Buck Farm Ditch, Moda Enlargement 3. Lynch.Ditch, Moda.Enlarge~ent 4. Lynch Ditch, Third Enlargement