HomeMy WebLinkAbout3.0 Resolution 82-281.*
STATE OF COLORADO
County of Garfield l"
At a...,...[.Q.9.11Laf.............. .meeting of the Board of County Commissioncu for Garfield County, Colotado,
........N.o.y.gmhgr....................A. D. 19.....8.0.... , there were present:
......Rish.ar.d...C."....f.p.I1ey-..............................,
......I.r4rxy....YeI.as.9ue.4..................! !.................,
....4r.th.u.r....4.'....Ahp.I4n.e.LP.r.... J.r-,r......-.,
. .....-![iJ.dr.ed...AIsdorf.....................................,
u,hcn the following proceedlngs, among otlers were had and done, to-wit:
RES6LUTT9N No. 80-281
A RESOLUTION CONCffi'NED WI]H AMEI{DING RESOLUTION NO. 79-L63
IilIIEREAS, Robert E. and Dorothy G. Pretti have petitloned the
Board of County Cmrulssioners of Garfield County, Colorado, for an
exeoption from the definition of the tems "subdivision" and |tsubdl-
vided 1and" under C.R.S. L973, 30-28-l-01 (10) (a)-(d), as 'mended, and
the Subdivision Regulations of Garfield County, Colorado, adopted
January 2, L979, Sections 2.02.21 (d) and 3.02.01 for the diwisloo of
a 106.0 acre tract described as folLows:
that parcel of land as described in Document No. 2841-08
as f,i1ed ln the Office of the Clerk and Recorder of Gar-
fleld County, Colorado into 2 tracts of approxlmately
90.0 1"6.88 acres each, IBore or 1ess, which proposed
dlvlded tracts are more particuLarly described as follows:
A parcel of land situated in the St SEt of Section 30,
?orrnshlp 5 South, Range 91 West of tJ:e Slxth ?rinclpal
lleridia:r, Garfield County, Colorado, lying Northerly of
the Northerly right-of-way feace line of County Road No.
250, Easterl-y of the Easterly bank of a drainage gulch
being approximately 40 feet from its ceaterline, and
Southwesterly of the Southwesterly toe of sLope of the
East Lateral of the Farmers Irrigatlon CouBany Ditch, '1.*said parcel of laod is more fu1ly described as follors:
Beginning at a point in said right-of-way fence; wherrce
Ehe Southwest Corner of sald Section 30 bears: S 89"31t
36r' I,I. 3089.62 feet, (the West Quatter Corner of sald
Section 30 bears: N. 50o04'58" W. 4052.10 feet); thence
along said bank, N. 62"48'18" E. 82.35 feet; thence N-
07o55'51" E. 74,99 feet; thence N. 54"L3t39" E. L85.62
feet; thence N 46'47'37" E. 105.39 feet; thence N.17"031
41'r E. 81.07feet; thence N. 50'08'00" E. 128.16 feet;
theoce N. 27o37149'r E. 116.00 feet; thence N- 46o15t00" E.
L29.86 feet; thence N. 38o48151" E. 95.03 feet; to a
polnt in a corral- fence; thence, leaving said bank, N.
69"50t27" W. 20.91 feet along said corral fence; thenee
N. 50"08'L5" W. 27.32 feet aLong said corral fence; thence
N 23o06'42" E. 50.86 feet along sald corral fence; thence
N. 24"58124" E. 20.16 feet along sald corral fence; thence
N. 32"16t49t'E. 19.81 feet along said corral fence; thence
.N. 44o54.123" E. L6.54 feet along said corral fence; theace
N. 55"43f28t' E. 84.79 feet along said corral fence; thence
S. 52o00113" E. L2.94 feet along said corral fence; thence
S. 37"40t29" E. 25.2L feet along said corral fence; thence
S. 23"55t04r' E. 24.80 feet along said corral fence; thence
S. 14"1-0t32" E. along said corral- fence.30.20 feet to a
polnt in a fence as now constructed and in place; thence-S. 87o33t58" E. 51.40 feet along said fence; thence N. 44"
56t04t' E. 18.60 feet along said fenee; thence S- 83"24t22"
E. al-ong said fence, 62.54 feet to a cedar treei being a
i . - --? -l ,J L -t- - !L. ^- -- ^1^--^-i:POInE aE Cne EOe OI SfUPc U! oiilu (liugui LilE.lug, 4ru4'tioers
toe of slope, S. 07'45151" E. 92.L8 feet Eo a plne tree;
thence S. 39"24'16'r E. 37.78 feet; thence s. 55"28f 55" E-
39.59 feet; thence S. 54o38'22" E. 68.59 feet; thence S.
Commissioner Chairuen
Commissioner
Commirsioner
County Attorney
Clcrk of the Board
\
74"59109" E. 7L.67 feet; thence s.
thence s. 41'01'48" E. 109.60 feeti
64.84 feet; thence S. 57oL7 '10'r E.
29"03'5L" E. 42.4C feer; rhcnce S.
thence S. 18'37r41" E. 41.37 feet;
118.47 feet; thence S. 40'02'38" E.
38o42r58'r E. 19.58 feer to a poinr'
64"24|36" E. 37.L4 feet;,
thence S. 64"57'10" E.
186.14 feet; thence S.
04"46148" trI. L45.92 feet;
thence S. 41ol-0t04" E.
77.5L feet; thence S.
in said right-of-way fence;
thence, leaving said toe of slope N. 89o51r20rr W. along
said righL-of-way fence, L567.73 feet to the polnt of be-
glnning, containlng 16.88 acres, more or less(in the State of Colorado and Cor:nty of Garfleld); and
tmfnM,S, the Petitloners have demonstrated to the satisfactlon of
the Board of County Comrnissioners of Garfiel-d County, Colorado, that the
proposed diwision does not fall- wlthin the purposes of Part L, Article 28,
Title 30, Colorado Revised Satutues 1973, as €mended, for the reason that the
impact created is not J-arge enough to proceed through the full subdivlslon
revierr, and
IIIIEREA.S, the Petltioners have demonstrated to the satisfactlon of
the Board of County Commissioners of GarfteLd County, Colorado, that there ls
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 pe:mitted by the Colorado Department of Health, that the
requested division is not part of an existing or larger developnnent and does
not faLl within the general purposes and intent of the subdivislon regulatlons
of the State of Colorado and the County of Garfiel-d, and should, therefore,
be exempted from the definition of the tems "subdivislon" and t'subdivided land"
aa set forth in C.R.S. L973, 30-28-1-0L (10) (a)-(d), as amended;
NO![, IIIEREFORE, BE IT RESOLVED that the divislon of the above
descrlbed tract ttAt', from the above described 106.0 acre tract is hereby exempted
from such definitions and said tract uay be divided into traet ttAtt, all as ls
mre ful1y descrLbed above, and said divided tract may be conveyed in the fo::m
of euch smaller tracts without further compliance with the aforesaid subdivislon
statutes and regul-ations; provided, however, that thls exemption Ls granted on
the condLtion and with the exprees understanding and agreement of the Petltio'ners
that no further exemptlons be aLlowed on said tract t'A", and that a copy of the
instrumsrtor instrrmeflts.o:f conveyance when recorded shall be flLed with thls
Resolution.
IIIE BOARD OF COUNIY CO}IMISSIOMR.S
oF GARFTET,D COUIIIY, COLORADO
ATTEST:
of County Comnissioners
Garfield County, Colorado
Upon modon duly madc and seconded the foregoing Resolution was adopted by the following votc:
...J.arry....Ve1asguez ......................Avc
Cornrolsdoncrr
f"
STATE OF COI.ORADO
County of Garfield
..., County Clerk and ex-officio Clerk of the Board of Couaty Comrnlssioners
ln and for tbe County and State aforesard do hereby cerdfy that the annexed and iviegoirig Order is truly copied frr.rrn tlre Rccoril ot
thc Proceedings of the Board of County Comraissioners for said Garfield County, now in my office.
lN WIII.IESS lt I{EREOF, I have hereunto s€t my hand and affixed tha seal of said County, at Glenwood Sprlngs,
thb""""""""""davof """"' - ;l;l;?;;*a ooniao chrk or tbcBoardorco.ntycoumtrdoncrr.