HomeMy WebLinkAbout4.0 Resolution 90-042RECORDED AT 11 0' CLOCKFV .M. SAY 11 1990
REC. # 412435 MILDRED ALSDORF. COUNTY CLERK
GARFIELD COUNTY. COLORADO
p, i ; K 778 F CE'776
STATE OF COLORADO )
)ss
County of Garfield )
At a regular meeting of the Board of County
Commissioners for Garfield County, Colorado, held at the
Commissioners' Meeting Room at the Garfield County Courthouse in
Glenwood Springs on the 7th day of May A.D. 1940
there were present:
Marian I. Smith
Arnold L. Mackley
Elmer (Ruckey) Arbaney
Don DeFord
Mildred Alsdorf
Chuck Deschenes
,
,
.1
Commissioner Chairman
Commissioner
Commissioner
County Attorney
Clerk of the Board
County Administrator
when the following proceedings, among others were had and done,
to -wit:
RESOLUTION NO. 40_04,2
A RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE GARFIELD
COUNTY SUBDIVISION REGULATIONS FOR TSURU T. OKAGAWA.
WHEREAS, Tsuru T. Okagawa has 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 270
acre tract as described in Book 357, Page 567, as filed in the
Office of the Clerk and Recorder of Garfield County, Colorado into
three tracts of 265.48 acres, 2.15 acres and 2.37 acres, more or
less, which proposed divided tracts are more practically described
as follows:
TRACT A: See attached legal description; Parcel A
TRACT B: See attached legal description; Parcel B
TRACT C: All of that property described in a deed recorded in
Book 357, Page 567, excepting Tract A and Tract B
described above.
(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 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 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 tract, that there is existing 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.
BOOK 778 PdGE7?7
NOW, THEREFORE, BE IT RESOLVED by the Commissioners of
Garfield County, Colorado that the division of the above described
tracts "A", "B" and "C" from the above described 270.00 acre tract
is hereby exempted from such definitions and said tract may be
divided into ?id 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; however, this exemption isgranted on the
condition and with the expressed understanding and agreement of the
petitioner that no further exemption be allowed on said tracts "A",
"B" and that a copy of the instrument or instruments of conveyance
when recorded shall be filed with this Resolution.
Dated this 7th day o
May , A.D. 1990
ATTEST: GARFIELD COUNTY BOARD OF COMMISSIONERS
GARFIELD COUNTY, COLORADO
�F%r 6,‘-ie1 f . .
Cl rk of the Board / Chairman
Upon motion duly made and seconded the •foregoing Resolution
was adopted by the •following vote:
Marian_I___Smith Aye
Elmer (Buckey) Arbaney 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 Order 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 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.
BOOK 778 F' GE77S
LEGAL DESCRIPTION - PARCEL A_-
A TRACT OF LAND, CONTAINED IN LOT 2 OF SECTION 3, T7S, R92W OF THE
61h P.M., MORE PARTICUL4RLY DESCR/BED AS FOLLOWS;
BEGINNING ON THE SOUTH LINE OF SAID LOT 2, WHENCE THE NW CORNER OF THE
NE 1/4 OF THE SW 1/4 OF SAID SECTION 3 BEARS 589'3078"W 1728 FEET. THENCE,
ALONG SAID SOUTH LINE, N89'3078'E 798.44 FEET TO THE CENTER OF THE
DRY HOLLOW ROAD (COUNTY ROAD *33/) THENCE, NORTHWESTERLY ALONG THE
CENTER OF SAID ROAD THE FOLLOW/NG COURSES, N69'/458"W 54.20 FEET,
N64'47'56"W 49.15 FEET, N60'57'34 "W 60.47 FEET, N56'07 48 "W 69.13 FEET,
N49'57'32"W 49.33 FEET, N42'/8'44W19.93 FEET TO THE INTERSECTION OF SAID
ROAD WITH THE NORTH LINE OF SAID LOT 2, THENCE, ALONG SAID NORTH LINE
5897326"W 421.98 FEET TO ITS INTERSECTION WITH AN UNIMPROVED ACCESS ROAD
THENCE AL ONG THE CENTERLINE OF SAID ROAD S45'53'58"W, /54.08 FEET, THENCE,
510'4551"W 49.3/ FEET TO THE TRUE PO/NT OF BEGINNING, CONTAINING 2.15 ACRES
MORE OR LESS
LEGAL DESCRIPTION -PARCEL B
A TRACT OF LAND, CONTAINED /N LOT 2 OF SECT/ON 3, T75, 892W OF THE
sth P.M, MORE PARTICULARLY DESCR/BED AS FOLLOWS;
BEGINNING AT THE N 1/4 CORNER OF SA/D SECTION 3, THENCE 500'43 5/' E
160.43 FEET TO 77 -IE CENTER OF SAID SECTION 3, THENCE 589'3078"W 504.83 FEET
ALONG THE SOUTH LINE OF SAID LOT 2, TO THE CENTER OF THE DRY HOLLOW ROAD
(COUNTY ROAD *33/) THENCE. NORTHWESTERLY ALONG THE CENTER OF SAID ROAD I
'THE FOLLOW/NG COURSES, N69'/4 58 "W 54,20 FEET, N64'47'56"W 49,/5 FEET,
A/60'57'34"W 60.47 FEET, N56'07'48"W 69,13 FEET, N49'5732"W 49.33 FEET.
N42'/8 044 "W 19. S3 FEET TO THE INTERSECTION OF SAID ROAD WITH THE NORTH LINE
OF SAID LOT 2, THENCE N89'I326"E 759.45 FEET ALONG SAID NORTH UNE TO
;THE TRUE PO/NT OF BEG/NN/NG, CONTAINING 2.37 ACRES MORE OR LESS.