HomeMy WebLinkAbout3.0 Resolution 81-36STATE OF COLORADO
County of Garfield r�,ga to^k _M. F� �' 1981
eception No. 311781 MILDRED ALSDORF1 RECQRDER
At ameeting of the Board of County Commissioners for Garfield County, Colorado,
held at the Court House in Glenwood Springs on Monday, the the day of
...k. <: xmary A. D. 19 $1 , there were present:
Larry Velasquez
Flaven J. Cerise
BOA 565 PAGE 64
Eugene "Jim" Drinkhouse
Arthur A. Abplanalp, Jr
Cheryl J. Koss, Deputy
, Commissioner Chairman
, Commissioner
, Commissioner
, County Attorney
, Clerk of the Board
when the following proceedings, among others were had and done, to -wit:
RESOLUTION NO. 81-36
A RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE
GARFIELD COUNTY SUBDIVISION REGULATIONS FOR LENARD AND AGNES MC MARY
WHEREAS, Lenard and Agnes Mc Alary have 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 January 2, 1979, Sections 2.02.21 (d) and 3.02.01 for the division of a
36.53 acre tract described as follows
In book 361, page 6 filed in the Office of the Clerk and Recorder
of Garfield County, Colorado, into 2 tracts of approximately, 31.499
and 4.685 acres each, more or less, which proposed divided tracts
are more particularly described as follows:
Tract A: Being a part of that real property described as the South
z of the Northwest 1, of the SWC, and that part of the North 15 of
the Northwest 14 of the Southwest 1, lying east of Rifle Creek in
Section 3, Township 6 South, Range 93 West, of the 6th Principal
Meridian, and being more particularly described as follows: Beginning
at a point from which the NW corner of the NWi' of the SW14 of said
Section 3, a brasscap monument properly marked, bears N. 89°59'56"
W. a distance of 1047/06 feet; thence S. 00°06'23" W. a distance of
779.61 feet along the West line of Tract B shown hereon; thence S.
89°58'52" E. and along the South line of Tract B, a distance of 263.46
feet to a point on the Westerly right-of-way line of County Road No.
233, as found in place in January 1981: thence S. 13°55'38" E. and
along the said westerly right-of-way line, a distance of 68.42 feet:
thence S. 08°13'37" E. and continuing along the said Westerly right-
of-way line, a distance of 50.74 feet to a point on the East line of
the said NW1 of the SW1 of Section 3; thence S 00°08'29"'W. and along
the said East line of the NW4 of the SWC of Section 3, a distance of
425.32 feet to the SE corner of the said NWS of the SW1 of Section
3; thence N. 89°58'09" W. and along the South line of the said NW14
of the SW1 of Section 3, a distance of 1331.79 feet to the SW Corner
of the said NWS of the SWC of Section 3: thence N 00°00'07" E. and
along the west line of the said NWS of the SW14 of Section 3, a distance
of 673.81 feet to the centerline of Rifle Creek: the following twelve
courses follow the centerline of said Rifle Creek; thence N. 36°31'04"
E. a distance of25.71 feet; thence N. 65°15'54" E. a distance of 74.84
feet; thence S 89°14'06" E. a distance of 138.05 feet. thence N.
19°48'50" E. a distance of 125.11 feet; thence N. 55°32'54" E. a
distance of 29.13 feet; thence N. 00°10'06" W. a distance of 71.27
feet; thence N 64°35'06",W. a distance of 124.50 feet; thence N. 24°
53'54" E. a distance of 136.15 feet; thence N. 38°00'54" E a distance
of 101.58 feet; thence S. 82°47'06" E. a distance of 85.94 feet; thence
N. 01°46'54" E. a distance of 75.98 feet: thence N. 29°38'06" W. a
distance of 79.88 feet to a point on the North line of the NWS of the
SW4 of said Section 3; thence S.89°59'56" E. and along the North line
of the NWS of the SW1; of said Section 3, a distance of 704.00 feet to
the true point of beginning; contining 31.4998 acres more or less.
Together with an access easement across tract B, 20 feet in width and
being 10 feet on either side of a centerline described as follows:
Beginning at a point from with the true point of beginning of Tract A,
bears N 00°26'23" E. a distance of 246.33 feet; thence across Tract B,
S 51°25'50" E. a distance of 14.48 feet; thence S. 25°38'02" E. a
distance of 55.28 feet; thence S. 22°23'26" E. a distance of 84.13 feet;
thence S. 18°27'40" E. a distance of 135.74 feet; thence S. 20°04'30" E.
Nox 565 ME 65
a distance of 35.94 feet; thence S. 42°11'29" E. a distance of
35.29 feet; thence S. 39°40'10"`E. a distance of 46.61 feet; thence
S 06°36'30" E. a distance of 29.02 feet; thence S. 05°47'03"-E.
a distance of 45.52 feet; thence S. 06°34'28" E. a distance of 65.15 feet;
thence S. 78°17'08" E. a distance of 69.58 feet to a point on the westerly
right-of-way line of County Road No. 233.
Tract B: Being a part of the real property described as the South z
of the Northwest 34 of the SWC, and that part of the N of the NWS
of the SWC, lying East of Rifle Creek in Section 3, Township 6 South,
Range 93 West of the 6th Principal Meridian, and being more particularly
described as follows:
Beginning at a point from with the NW Corner of the NWS of the SWC of
said Section 3, a brasscap monument properly marked, bears N. 89.°59'56"
W. a distance of 1047.06 feet; thence S. 00°06'23" W. a distance of 779.61
feet; thence S 89°58'52" E. a distance of 263.46 feet to a point on the
westerly right-of-way line of said County -Road No. 233; thence N. 08°52'
15" W. and along the westerly right-of-way line of said County Road NO. 233,
a distance of 86.46 feet; thence N 03°21'32" W. and along the westerly
right-of-way line of said County Road No. 233, a distance of 70.26
feet; thence N 01°26'11" W. and continuing along said County Road No. 233,
a distance of 189.45 feet; thence continuing along the westerly, right-
of-way line of said County Road No. 233 along a curve to the right with
central angle of 30°19'15", a radius of 383.15 feet for an arc length
distance of 202.76 feet to a point on the East line of the NWS of said
Section 3; thence N 00°08'29" E. and along the Eastline of the NWS of
the SW1 of said Section 3, a distance of 240.08 feet to a point on the
North line of the NW4 of the SWC of said Section 3; thence N 89°59'56"
W. and along the North line of the NWS of the SWC of said Section 3,
a distance of 287.95 feet to the true point of beginning of Tracts A and
B; conaining 4.6858 Acres more or less; have by these presents laid out,
platted and subdivided the same into lots as shown hereon and designate
the same as McAlary Minor Subdivision Exemption in the County of Garfield,
State of Colorado, and dedicates for public use the streets shown hereon
including avenues, drives, courts, places and alleys, the public lands and
drainage and utility easements shown hereon for utility and drainage
purposes only; and does further state that this subdivision shall be
subject to the protective covenants filed and recorded for this subdivision
in the Office of the Clerk and Recorder of Garfield County, Colorado as
Document No. 227019
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 impact created does not warrant
a full 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 of said tracts, that there
adequate 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 develpment 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 definitions of the
terms "subdivision" and "subdivided land" as set forth in C.R.S. 1973, 30-28-101
(10) (a) -(d), as amended;
NOW, THEREFORE, BE RESOLVED that the division of the above described
tracts "A", and "B", from the above described 36.53 acre tract is hereby exempted
from such definitions and said tract may be divided into tracts "A" and "B" all
as is more fully described above, and said divided tract may be conveyed in the form
of such smaller tracts without further compliance with the aforesaid subdivision
BooK 565 PACE
statutes and regulations; provided, however, that this exemption is granted
on the condition and with the express understanding and agreement of the Petitioners
that no further exemptions be allowed on said tracts "A" and "B", and that a copy
of the ;instrument or instruments of conveyance when recorded shall be filed with
this Resolution.
66
ATTESTAlk
Deputy 9(erk .f he Board
of County Co.. .. ssioners
Garfield County, Colorado
THE BOARD OF COUNTY COMMISSIONERS
OF GARFIELD COUNTY, COLORADO
Bv:
Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote:
Larry Velasquez
Aye
Flaven J. Cerise y
Aye
Eugene "Jim" Drinkhouse
STATE OFCOLORADO
County of Garfield
Aye
Commissioners
1, , 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,
day of A. D. 19
County Clerk and ex -officio Clerk of the Board of County Commissioners.
