HomeMy WebLinkAbout5.0 Resolution 80-281STATE OF COLORADO
County of Garfield
At a gGg.;7,lsir meeting of the Board of County Commissioners for Garfield County, Colorado,
held at the Court House in Glenwood Springs on Itio.n 11Y , the 24th .day of
Nomembar A. D. 19 0.0.. , there were present:
...... i}". h4,r..S ...r', JQU Y Commissioner Chairman
Larzy V lagg}z4'.z , Commissioner
, Commissioner
AZthuK A , Akplant .1P.a Jr, , County Attorney
Mi 1 A red...Aladori Clerk of the Board
when the following proceedings, among others were had and done, to -wit:
RESOLUTION NO. 80- 281
A RESOLUTION CONCERNED WITH AMENDING RESOLUTION NO. 79-163
WHEREAS, Robert E. and Dorothy G. Pretti have petitioned the
Board of County Commissioners of Garfield County, Colorado, for an
exemption from the definition of the terms "subdivision" and "subdi-
vided land" under C.R.S. 1973, 30-28-101 (10) (a) -(d), as amended, and
the Subdivision Regulations of Garfield County, Colorado, adopted
January 2, 1979, Sections 2.02.21 (d) and 3.02.01 for the division of
a 106.0 acre tract described as follows:
that parcel of land as described in Document No. 284108
as filed in the Office of the Clerk and Recorder of Gar-
field County, Colorado into 2 tracts of approximately
90.0 16.88 acres each, more or less, which proposed
divided tracts are more particularly described as follows:
A parcel of land situated in the SSE' of Section 30,
Township 5 South, Range 91 West of the Sixth Principal
Meridian, Garfield County, Colorado, lying Northerly of
the Northerly right-of-way fence line of County Road No.
250, Easterly of the Easterly bank of a drainage gulch
being approximately 40 feet from its centerline, and
Southwesterly of the. Southwesterly toe of slope of the
East Lateral of the Farmers Irrigation Company, Ditch,
said parcel of land is more fully described as follows:
Beginning at a point in said right-of-way fence; whence
the Southwest Corner of said Section 30 bears: S 89°31'
36" W. 3089'.62 feet, (the West Quarter Corner of said
Section 30 bears: N. 50°04'58" W. 4052..10.feet); thence
along said bank, N. 62°48'18" E. 82.36 feet; thence N.
07°55'51" E. 74.99 feet; thence N. 54°13'39" E. 185.62
feet; thence N 46°47'37" E. :L05.39 feet; thence N.17°03'
41" E. 81.07feet; thence N. 50°08'00" E. 128.16 feet;
thence N. 27°37'49" E. 116.00 feet; thence N. 46°15'00" E.
129.86 feet; thence N. 38°48'51" E. 96.03 feet; to a
point in a corral fence; thence, leaving said bank, N.
69°50'27" W. 20.91 feet along said corral fence; thence
N. 50°08'15" W. 27.32 feet along said corral fence; thence
N 23°06'42" E. 50.86 feet along said corral fence; thence
N. 24°58'24" E. 20.16 feet along said corral fence; thence
N. 32°16'49" E. 19.81 feet along said corral fence; thence
.N. 44°54.'23" E. 16.54 feet along said corral fence; thence
N. 55°43'28" E. 84.79 feet along said corral fence; thence
S. 52°00'13" E. 12.94 feet along said corral fence; thence
S. 37°40'29".E. 25.21 feet along said corral fence; thence
S. 23°55'04" E. 24.80 feet along said corral fence; thence
S. 14°10'32" E. along said corral fence: 30.20 feetto a
point in a fence as'now constructed and in place; thence
S. 87°33'58" E. 51.40 feet along said fence; thence N. 44
56'04" E. 18.60 feet along said fence; thence S. 83°24'22"
E. along said fence, 62.66 feet to a cedar tree; being a
point at the toe of slope of sac: ditch; thenc;a, alongsaie.
toe of slope, S..07°45'51x' E. 92.18 feet to a pine tree;
thence S. 39°24'16" E. 37.78 feet; thence S. 55°28'56" E.
39.59. feet; thence S. 54°38'22" E. 68.59 feet; thence S.
74`59'09" E. 71.67 feet; thence S. 64°24'36" E. 37.14 feet;
thence S. 41°01'48" E. 109.60 feet; thence S. 64°57`10" E.
64.84 feet; thence S. 57°17'10" E. 186.14 feet; thence S.
29°03'51" E. 42.40 feet; thence S. 04°46'48" W. 145.92 feet;
thence S. 18°37'41" E. 41.37 feet; thence S. 41°10'04" E.
118.47 feet; thence S. 40°02'38" E. 77.51 feet; thence S.
38°42'58" E. 19.58 feet to a point in said right-of-way fence;
thence, leaving said toe of slope N. 89°51'20" W. along
said right-of-way fence, 1567.73 feet to the point of be-
ginning, containing 16.88 acres, more or less.
(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 Satutues 1973, as amended, for the reason that the
impact created is not large enough to proceed through the full 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 locating domestic water of each of said tracts,
that there is adequate ingress and egress to said tracts, 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;
NOW, THEREFORE, BE IT RESOLVED that the division of the above
described tract "A", from the above described 106.0 acre tract is hereby exempted
from such definitions and said tract may be divided into tract "A", all as is
more fully described above, and said divided tract may be conveyed in the form
of such smaller tracts without further compliance with the aforesaid subdivision
statutes and regulations; provided, however, that this exemption is granted on
the condition and with the express understanding and agreement of the Petitioners
that no further exemptions be allowed on said tract "A", and that a copy of the
instrumaator instruments of conveyance when recorded shall be filed with this
Resolution.
ATTEST:
Clerk of the Board
of County Commissioners
Garfield County, Colorado
THE BOARD OF COUNTY COMMISSIONERS
OF GARFIELD COUNTY, COLORADO
Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote:
Aye
....Larry Velasquez Aye
Aye
Commissioners
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 Order is truly copied Twin the :acarus , f
the Proceedings 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.