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Home My WebLink About3.0 Resolution 92-049.. ' I BOOK 833 PAGE 398 fie c ::> R o ~ D AT ~~ o • c Lo c K P. H. JUN 3 1992 fiEC If 435459 MILDRED ALSDORF, COUNTY CLERK STATE OF COLORADO ) )ss County of Garfield ) At a reqular 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 13th of April A.D. 19_2L_, there were present: .......i:;iAu...rnwo"""lOllo<di....Iw., ..... _..M,..a .... ck...,l..,.e'*y _________ , Commissioner Chairman -=E=lme ...... r_._(=Bu .... c=k=e .... v ..... > .... A=r=ba ... n .... e,._y _______ , Commissioner --.:;.;M=a=ri=· a"'"'n'""""'"I """' .... s ..... m ... it=h,;__ _________ ., Commissioner ........ no ......... n ..... o .... e .... F_..or_d ____________ , County Attorney -.:.:M:.=-i=ld=r..::ed;.;:::....;A=l=s=d=or=-=f=-----------'' Clerk of the Board -.r .... h..,uc_.k_...n._es ... c .... h...,e ... ne-..s----------:• County Administrator when the following proceedings, among others were had and done, to·wit: RESOLUTION NO. 92-049 A RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE GARFIELD COUNTY SUBDIVISION REGULATIONS FOR NORMAN OVERACK.ER. WHEREAS, Norman Overacker petitioned the Board of County Commissioners of Garfield County, Colorado, for an exemption from the definition of the terms "subdivision" and "subdivided land11 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 5.84 acre tract as described in Book 785, Page 155, as filed in the Offices of the Clerk and Recorder of Garfield County, Colorado, into three parcels of approximately 3.06, 1.00 and 1.95 acres each, more or less, more practically described as follows: Lot I: See Attached Lot 2: 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 Commissioners of Garfield County, Colorado, that the proposed division does not fall within the purposes of Part I, 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 82·114 authorizing a Special Use Permit for a Commercial Park; and WHEREAS, a Special Use Permit is no longer required for a Commercial Park; and . . BOOK 833 PAGE399 WHEREAS, propane storage is a Special Use in the C/L Zone 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 WHEREAS, the existing storage tank is therefore non-conforming and the Board of County Commissioners is hereby estopped from challenging the presence of the existing tank and its right to remain in place; and WHEREAS, the Board approved Resolution 79-72 restricting 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 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 11 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 parcel "I", "2" and "3 11 from the above described 5.84 acre tract is hereby exempted from such definitions and may be conveyed in the form of such parcel "l", "2" and "3", 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. 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 permits for the existing bulk propane storage tank. Dated this 13th day of __ ...... A=p=-r1=·1.__ __ , A.D. 19...::;9=2- ATTEST: ~A.La&~ Clerk of the Board GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFIELD COUNfY, COLORADO c-:::2 .... c.p ~ ~ • R. e.= ,,,,. ----------------------------------------------------/?..,,:?' Chairman Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: ___..A~rn~o~l~d~L~·~M=ac=k=l~e~v------------------------------------------------------------~·,AYe _...,E~lm-e=r____,..(~B1~1c~k~e~~r)~A~rh~a=n~e~y-------------------------------------------------------~·,AYe Marian I. Smith Aye -----====-=:........=.........::=::..;=.:.... ____________________________________________________ , STATE OF COLORADO ) )ss 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 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 f . .--. •,. l.ot l: BOOK 833 r~GE401 A parcel of land situated in Lots 88 West of the 6th P.H., Garfield described as follows: 9 and l5, Section County, Colorado, ! 7, Township 7 South, Range being roore pa rt lcularly ; Beginning at a point on the westerly right-o~-way line of Garfield County Road No. 110 as built and in place whence the southeast corner of said Section 7 be<Jrs s. 43°50'24" E. 2379.00 feet; thence along said westerly right-of-way line 1on the following courses: thence N. 14°35'37" W. 83.88 feet; thence 88.88 feet along the arc of a 364.52 ~oot radius curve to the right which arc subtends a chord bearing N. 07°36'30"" w •. 88.66 feet; thence N. 00°37 '23" W. 62.18 feet; : thence 27.08 feet along the arc of a 70.00 f~ot radius curve to the left which arc subtends a chord bearing N. 11°42'17" w. 1 26.91 feet; thence N. 22°47'11" w. 83.61 feet; thence 65.39 feet along the arc of a 235.00 foot radius curve to the right which arc subtends a chord bearing N. 14°48'54" w. !65.18 feet; thence N. 06°50'37" w. 137.54 feet; 1 thence leaving said westerly right-of-way li~e on a course bearing s. 81°11 '09'" w. for 235.43 feet; to a point qn the easterly right-of-way line of Colorado State Highway No. 82; thence S 06°01' E 105.72 feet along said easterly right-of-way line; thence S. 06°08' 10" E. 395 .29 feet along said easterly right-of-way line; thence east 283. 76 feet to the point of beginning, containing 3 .06 acres, more or less. Except all that portion conveyed to the Boarq of County Commissioners by Document No. 102744. ··--:...: .. BOOK 833 PAGE 401A LOT 2: ~~.-I I h parcel of land situated in Lot 15 of Section 7, Township 7 South, Range 88 West of the 6th Principal Meridian, Garfield County, Colorado, lying northwesterly of the Northwesterly right-of-way line of Garfield County Road No. l lO as built and in place and being nDre particularly described as follows: Beginning at a point on said Northwesterly right-of-way line whence the Southeast Corner of said Section 7 bears s. 31°45'31" E. 2962.25 feet; thence along said northwesterly right-of-way line on the following courses: 67.78 • feet along the arc of a 321.58 foot radius curve to the left, the chord of which bears s. 70°53'14" W. 67.65 feet; thence s. 64°50'59" w. 63.99 feet; thence 176. 73 feet along the arc of a 141.24 foot radius curve to the left, the chord of which bears S. 29°00'11" W. 165.43 feet; thence leaving right-of-way line on .-1 course bearing N. 10°34'17" w. for 329.78 feet; thence s. 89°13'30" E. 238.47 feet; thence s. 10°45'04" E. 129.20 feet to the :point of beginning, containing t .00 acre, more or less. ' !~xcept all that portion conveyed to the Board o~ County Commissioners by t>ocument No. 102744. ! I • . . ... •. LOT 3: BOOK 833 PAGE ~018 I A parcel of land situated in Lots 9 and LS of Section 7 1 Township 7 South, Range 88 West of the 6th Principal Meridian, Ga 'rfield County, Colorado, being unre particularly described as follows: Beginning at a point on the Westerly right-of-way line of Garfield County Road No. llO as built and in place whence the fioutheast Corner of said Section 7 bears S 37°54'32" E 2,851.94 feet; thence s. 8l 0 ll'09" w. 235.43 feet to a point on the easterly right-of-way line of Colorado State Highway No. 82; thence along said easterly right-of-way line on the following three courses: N 06°0l' W 98.29 feet; thence N 05°17' 30 " E 203 .54 feet; t:hence N 06°0l' W 137 .43 feet to a point on the Northerly boundary line of said Lot 9; thence along the Northerly boundary line of said Lot 9 on a course bearing 5 89°13'30" E for 22.79 feet to the Northeast Corner of said Lot 9; thence along the Northerly boundary line of said Lot 15 on a course bearing S 89°l3'~0" E for l46.36 feet; thence S l0°34'L7" E 329.78 feet to a point on ~he Westerly right-of-way line of said County Road No. llOj thence S 06°50' 37" E 75 .09 feet along said Westerly right-of-way line to the point of beginning, containing L.95 acres more or less. Except all that portion conveyed to the Board of County Commissioners by Document No. 102744. ' ·-