HomeMy WebLinkAbout4.0 Resolution 92-050tl.l I
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A.D. 19 92 , there were present:
Arnold L. Mackley . Commissioner Chai:man
trlmer (Brrr:kcv) Arl'nncw Commissioner
Marian I. Smith . Commissioner
Don DeFord , County Attorney
Mildred Alsdorf , Clerk of the Board
Chuck Deschenes , County Administrator
when the following proceedings, among others were had and done, to-wit:
RESOLUTION NO. q2_oso
A RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE
GARFIELD COUNTY SUBDTVISION REGULATIONS FOR NORMAN OVERACKER.
WHEREAS, Norman Overacker petitioned the Board of County Commissioners of Garfield
County, Colorado, for anexemption from the deflrnition of the terms "subdivision" and "subdivided
land" under C.R.S. 7973,30-28-101 (10) (a)-(d), as a:nended, and the Subdivision Regulations of
Garfield County, Colorado, adopted April 23,1984, Section 8:00 through 8:60 and for the division of
a 5.84 acre tract as described in Book 783, Page 155, asfiled in the Offices of the Clerk and Recorder
of Garheld County, Colorado, into three parcels of approximately 3.06, I .00 and I .95 acres each, more
or less, more practically described as follows:
Lot l: See Attached
Lot2: See Attached
Lot 3: See Attached
(in the State of Colorado and the County of Garfield); and
WHEREAS, the Petitioners have demonstrated to the satisfaction of the Board of County
Commisslsners 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 subject property was subject to Resolutions 81-324 and 82-ll4 authorizing
a Special Use Pennit for a Commercial Park; and
lE 3' I "'etis?-eo ff ; [b?EI (i t ;o* lgN, .,.fr ,lge2,. .* *Boctt E33 pioE4OP
STATE OF COLORADO
County of Garfield
At a regutar meeting of the Board of County Qemmissioners for Garheld County,
Colorado, held in the Commissioners' Meeting Room, Garfield County Courthouse, in Glenwood
Springs on Mondav the lst of June
WHEREAS, a Special Use Permit is no longer required for a Commercial Park; and
B00x 833 pAEEAtJg
WHEREAS, propane storage is a Special Use in the ClLZone District; and
WHEREAS, the Board of County Commissioners in approving the Resolutions 81-324 and
82-114 acknowledged the pre-existing status of the bulk propane tank and the pre-existing use of the
property for propane storage up to 30,000 gallons; and
WHEREAS, the existing storage tank and storage use are therefore non-conforming and the
Board of County Commissioners is hereby stopped from challenging the presence of the existing tank
and its right to remain in place or the use ofthe property for propane storage up to 30,000 gallons; and
WHEREAS, the Board approved Resolution 7g-T2restricting further divisions of the subject
property. However, according to the requirements of Section 8: Exemptions, the property would
qualify for the creation of two (2) additional parcels; 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 on each of said parcels, that there is existing ingress and egress to said parcels, that the
location of septic tanks will be perrritted 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 Garheld, 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;
NOWTHEREFORE, BE m RESOLVED that the division ofthe above described parcel "1",
"2" atd"3" from the above described 5.84 acre tract is hereby exempted from such dehnitions and may
be conveyed in the form of such parcel ulu,u2" and "3", as is more fully described above and that a
copy ofthe instrument orinstruments ofconveyan@ when recorded shall be hled with this Resolution.
Also, in approving this resolution, the Board of County Commissioners hereby rescinds
Resolution 79-72,81-324 and 82-114 and is estopped from requiring land use pennits for the existing
bulk propane storage tank or use of the property for propane storage up to 30,000 gallons; provided,
however, that propane storage shall comply with the requirements of National Fire Protection
Association Standard 58, applicable to the storage and handling of liquified petrolerrm gasses.
Dated this lst day of
ATTEST:
June A.D. 19 e2
GARFIELD COUNTY BOARD OF
COMMISSIONERS, GARFIELD
COUNTY, COLORADO
vote:
Upon motion duly made and seconded the foregoing Resolution was adopted by the following
Arnold L. Mackley , Aye
n]mer (Ruckev) Arbanev Aye
AyeMarian f. Smith
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STATE OF COLORADO )
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County of Garfield )
I,County Clerk and ex-offrcio 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 offrce.
IN WITNESS WHEREOF, I have hereunto set my hand and affrxed the seal of said County,
at Glenwood Springs, this _ day of A.D. 19_.
County Clerk and ex-offrcio Clerk of the goaid of County Cornmissioners
l,ot 1:
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A parcel of land slEuated ln Lors 9 and 15, SecElon 7, Townshlp 7 South, Range
88 WesE of the 6Eh P.M., Garfleld County, Colorado, belng rrDre partlcularly
descrlbed as follows:
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Beglnning at a polnr on Ehe wesEerly rlght-o(-way llne of Garfleld CounEy Road
No. 110 as butlt and ln place whence the sout.heasE corner of sald Sectlon 7
bears s. 43"50'24' E. 237 9.00 feet; i
thence along sald wesEerly rlght-of-way 11ne jon Ehe followlng courses:
Ehence N. 14'35'37" W. 83.88 feeE; :
t,hence 88.88 feeE along Ehe arc of a 364.52 (ooc radlus curve to Ehe righc whlch
arc subtends a chord bearlng N. 07"36'30" t{. 188.66 feet;
t,lrence N. 00'37'23* w. 62.18 feeE; i
Ehence 27.O8 feeE along the arc of a 70.00 fciot radlus curve Eo the left whlch
arc subtends a chord bearlng N. 11'42r17" W. i26.9L feet;
Ehence N. 22"47 '11" W. 83.6I feer;
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thence 65.39 feet along Ehe arc of a 235.00 fooE radlus curve to Elte rlghE whlch
arc subE,ends a chord bearlng N. 14"48r54" W. lOS.18 feec;
E.hence N. 06"50' 37- w. n7 .54 feec; i
t,hence leaving sald wesEerly rlghE-of-way llr,ie on a course bearlng
S. 81otlr09" W. f.or 235.43 feeE; Eo a polnE gn Ehe easEerly rlght-of-way llne of
Colorado SEaEe Hlghway No. 82; Ehence S 06"01' E 105.72 feec along sald easterly
rlghe-of-way line; thence S. 06"08'lO" E. 39,5.29 f.eet along said east,erly
rlght-of-way llne; l
thence east 283.76 feet Eo the polnt of beglnnlng, contalnlng 3.06 acres' trore
or less. I
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Exeept all EhaE porElon conveyed Eo Ehe Boar{ of Count,y Commlssloners by
DocumenE No. 102744.
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LOT.2 :
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0i:rrrl( 833 r,,r.t406sltuated ln Lot.t5 :f 9:":1"1 lr, roln"hlp 7 sour,h, Range 8&
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Princlpal Merldlan, Garfleld County, CoIorado, lylngEhe NorctnesEerly rlghc-o6-".y-irne of carrtela counEy Road No.In place and being *r. p".ri""rr.ry descrrbed as folrows:
A parcel of land
t.lest of Ehe 6ch
norE trwes f e r1y ofl[0 as builr and
Beglnntng aL a polnt on sald Norttmesterly rtgh:c-or-way 11ne whence thesoutheast corner of sard Secrton-7 bears-i.-ji;is,3l..E. 2962.25 feeti rhencealong sard norrtrwes rerly rrgni-or-r;r-ii";'"i^,rr" f ollowlng courses : 6r .78fee. along the arc of a 321.58 roor ;";i;; ;;.;['ro rhe lef r, Erre crrord of utrrchbears s- 70"53'14" ',. 07.65 r""c; thence s. 64"i0,59- w. 63.99 feer; rhenceL76'73 feer along Etre arc of a tiy.71 rooi ,rari" ".,.r" ro Ehe refr, .he chordof whrch bears s- zg"oo'rl- I,. ios_.rrl i""i; -;;.^;""
leavlng rlghc_of_way rrne ona course bearlng N. 10"34'17"
'o. -for 329-ti ;;;;; Ehence s. 89"13,30.. E. 238.41reeE; chence s. 10"45'04* E. Lzg.io-r""1';; ;;:iiorn. or beglnnrng, conrarnrngt.00 acre, more or less.
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Iixcept all that portlon conveyed ro the Boardr)ocumenE No. L02744 of CounEy Commlssloners by
7);
LOT 3:
A parcel of land slE,uated ln Lots 9 and
88 West of rhe 6rh Prlnclpal Merid1an,
parElcularly descrlbed as follows:
15 of SecElon 7,
Beglnning at a polnt on Ehe West,erly rlghE-of-way llne of Garfleld CounEy Road
No. 110 as bullt and ln place whence the bouCheast Corner of sald Sectlon 7
U""." S 37'54'32' E 2,85i.94 feeE; thencels. 8["1]'09" W.2]5'43 feet to a polnE
on Ehe east,erly rlghC-of-way llne of Colorado St.aEe Hlghway No ' 82; thence along
sald easCerly rlghi-of-way 11ne on E,he fqllowlng three courses: N 06o01'W 98'29
iu"c; Ehence N 0i'17 ' 30- r, Zol.54 feer; rihence trt o6"ot I w t37 .43 feet Eo a polnt'
on the Norg,herly boundary 1lne of sald Lot 9; Ehence along the Northerly
boundary llne oi sald Lot 9 on a course bearing S 89"13130" E for 22'79 feec t'o
Ehe Nort,heasE corner of sald Lot 9; thence along the Northerly boundary llne of
sald Lot 15 on a course bearlng s 6g'13'10'E for L46.36 feeE; thence
S 10"34'17- E 32g.78 feet Eo a polnc on ihe WesEerly rlght-of-way llne of sald
CounEy Road No. 1I0; t,hence S Oa'50'37" E 75.09 feeE along satd Wescerly
rtght:of-way llne Eo Ehe polnt of beglnnlng, contalnlng 1.95 acres more or
uiiJ( 833 niiw
Townshlp 7 Souch, Range
Colorado, belng mre
less.
ExcepE all t,haE port lon
Document, No. 102744.
Galrfield CountY,
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conveyed t,o t,he iloard of CounEy Commlssloners by
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