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HomeMy WebLinkAbout3.0 Resolution 94-129B00k0922 PAGi 741 RECORDED AT 8.3,2_ O'CLOCK4.M. NOV 1 6 13S4 REC 471049 MILDRED ALSDORF, COUNTY CLERK GARFIELD COUNTY, COLORADO STATE OF COLORADO ) )ss County of Garfield ) At a regular 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 14th of November A.D. 19 94 , there were present: Elmer (Buckey) Arbaney , Commissioner Chairman Arnold L. Mackley , 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. 94-129 A RESOLUTION CONCERNED WITH DENIAL OF AN EXEMPTION FROM THE GARFIELD COUNTY SUBDIVISION REGULATIONS FOR KATHY McCREARY. WHEREAS, KATHY McCREARY 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 5.23 acre tract as described in by Resolution dated June 21 st, 1976 ("Whipple Exemption") as filed in the Offices of the Clerk and Recorder of Garfield County, Colorado, into two (2) parcels of approximately and 2.0 and 3.23 acres in size, more or less, with the parent parcel more practically as follows: (see attached) (in the State of Colorado and the County of Garfield); and WHEREAS, the Petitioner has 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 Petitioner has failed to demonstrate to the satisfaction of the Board of County Commissioners of Garfield County, Colorado, that there is a reasonable probability of locating safe additional access from County Road 113 (Cattle Creek Road) based on the existing road conditions and traffic volumes, and that the Petitioner has failed to adequately address the geologic hazards on the property, based on a review of Lincoln-Devore Mapping in the Garfield County Planning Department, to the extent that an additional building envelope is possible on the property BooK0922nG 742 NOW THEREFORE, BE IT RESOLVED that the division of the above described parcel is denied by the Garfield County Board of County Commissioners. Dated this 14th day of November , A.D. 19 94 ATTEST: ;Clerk of'the Board vote: GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFIELD COUNTY, COLORADO Chairman Upon most-1an duly made and seconded the foregoing Resolution was adopted by the following Elmer .(Buckey) Arbaney Arnold L. Mackley , Aye , 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 EXHIBIT "A" PROPERTY DESCRIPTION BoOKO922 PAG . 743 ORDER NO: 91019120 C2 A parcel of land situated in Lot 10 of. Section 10, Township 7 South, Range 88 West of the Sixth Principal Meridian, County of Garfield, State of Colorado lying Westerly of the Lot line between Lots•9 and 10 of said Section 10, said parcel of land is described as follows: Beginning at' a point on said Lot line whence the South Quarter Corner of said Section 10 bears: S. 36 degrees 24'24" W. 2219.24 feet; thence S. 65'degrees 45157" line of County Road 113; thence N. 87'degrees 59!05" thence S. 81 degrees 19'55" thence S. 22 degrees 00'22" thence S. 77 degrees 51'38" thence N. 79 degrees 57'54" thence N. 39 degrees 02'19" of an existing 30 foot roadway; thence N. 20 degrees 20'00" E. 242.50 feet along said roadway; thence N. 02 degrees 00100" E. 75'.00 feet; thence S. 71 degrees 11'28" E. 271.75 feet; thence N. 76 degrees 00100" E. 550.00 feet to a point on the Lot line between Lots 9 and 10 of said'Section 10; thence S. 00 degrees 04'52" E. along said Lot line 300.00 feet, more or less to the point of beginning. COUNTY OF GARFIELD STATE OF COLORADO W. 106.51 W: W. E. W. W. E. 428.20 194.44 30.00 109.98 101.43 55.94 feet along •feet feet feet feet feet feet along along along along along along the Northerly said County Road; said County Road; said County Road; said County Road; said County Road; the Easterly line