HomeMy WebLinkAbout3.0 Resolution 83-17STATE OT'COLORADO
County oi Garfield f"
At a.....,...........1:99!LI.+.{:... ......meeting of the Board of County Commissioners for Gufield County' Colorado,
........1r9.r.r. v....Y eI p. g.s t*.e..e.., Commissioner
Flaven J. Cqf^ise_ , Commissioner
........-E+.rl...Bhp..d.e P,, CountY Attornsy
when the fo,,owins -,;;;Ili*lf;-;'*lfjl]*;il";;;;'-" -" ' ' crerk of the Board
RESOLUTION NO. g:-12
A RESOTUTION CONCERNED WITII GRANTING AN EXEMPTION FROM TIIE GARFIELD COI]NTY ST,BDIVISION
REGTILATIONS FOR CARL AND CORDELIA MOBLEY.
hTIIEREAS, Carl and Cordelia Mobley have petitloned the Board of County Comissloners
of GarfieJ-d County, Colorado, for an exemption from the definition of the terms
"subdivision" and t'subdivided landil under C.R.S . 1973, 30-28-101 (10) (a)-(d), as
amended, and the Subdivlsion Regulations of Garfield County, Colorado, adooted
January 2, lg7g, Sections 2.O2.2L (d) and 3.02.01 for the divlsion of a 20.44 acre
tract described as folLows: That parcel of Land as described in Book 488, Page 378
as fil-ed in the office of the Clerk and Recorder of Garfield County, Colorado, lnto
2 tracts of approxlmately 9 and 11 acres, each, more or 1ess, which proposed divlded
tracts are more partlcularly deseribed as follows:
TMCT A: A parceL of Land situated in the * Snk SI#< of Sectlon 25, Townshlp 5
South, Range 92 West of the Sixth Principal },Ieridlan, Garfleld Couoty'
Colorado, also sltuated in Lot g of the Peach Valley Orchard, as flled
in the Garfleld County, Colorado records, lyLng Easterly of County Road
237, sald, parcel of Land is more fuLLy described as follows:
Beginni.ng at the Southwest Corner of the SEft SllL of said
whence the South Quarter Corner of sald Section 25 bears:
1353.08 feet; thence N.01o1?'39"!il. along the ldest l-ine of
Section 25,
N.89 017 r 56r'E .
sar <l SEk Stft
thence s.01012t40tt
Sectlon 25; thence
25; thence S.89o17r
of beginningr con-
boundary ltne of t,he
and utility easements
659.22 feet to the Northwest Coraer of said Slz Sflr SU%; thence N.89o20t28:'
E. along the North line of said S% Sfp6 S![k 600.00 feet;
E. 658.78 feet to a point on the Southerly line of said
S.89"17t56'\{. aLong said southerly Llne of said Section
56t'W. along said Southerly l-ine, 600 feet to the point
taining 9.08 acres, more or less.
SUBJECT to a 20 foot road right-of'way along the South
above described parcel of land. Also subJect to dltch
of record
IilHEREAS, the Petitloners have demonstrated to tlrc satisfactlon of the
Corunissioners of Garfield County, Co1-orado, that Ehe proposed divlsion does
within the purposes of Part 1, Article 28, Tltl-e 30 of the Colorado Revised
TMCT B: A parcel of l-and situated in the * SEk StU% of Section 25, TownshLp 5 South'
Range 92 Wcst of the Sixth Principal }teridian, Garfield County, Colorado,
aLso situated in Lots 7 and B of the Peach Valley 0rchard, as filed in the
GarfieLd County, Colorado records, said parcel of land is more fuIIy
described as foLLows:
Beginning at the South Quarter Corner of said Section 25; thence S.89o17156"
I{. aI-ong the Southerl-y line of said Section 25,753.08 feet; thence
N.0Lo12;40"W. 658.78 ieer to a poinr on the NortherJ-y l-lne of said SL SEh
SIf,Z; thenee N.89o2Or2B"E. along said Northerly Line, 750.57 feet to a Point
on the North-Sour:h Centerline of said Section 25; thence S.01o25r50"E.
658.25 feet al-ong said North-South Centerline to the point of beginning,
containing 11.36 acres, more or 1ess.
SUBJECT to and together with a 20 foot road right-of-way aIong the East
and South l-ines of the Sr4 Sf;4 SI& of said Sectlon 25. Also subject to
dltch and util-lty easements of record.
(in the State of Colorado and County of Garfield); and
Board of County
not fal-l
Statutes,
L973, as amended, for the reason that this
of adjusting properLy boundaries and no new
property spl.lt is sol.el-y for the purPose
lots are created hY thts actlon; and,
I,IIIEREAS, the Petitloners have demonstrated to the satisfaction of the Board of
County Corrnissloners of Garfield County' Colorado, that there is a reasonable
^*...t.atr i1ir-rr .:f tnn:rr{io lr:rncstie '*'ater on each of said tracts, thatt there is'adqquatepr.lbaliLiLy of l-ocatlag doncstic r*'ater on each of
iugress and egress to said tracts, that the location of septlc tanks w111 be permitted
cr116rees
by the Colorado Department of Heaith, that the requested divlsion is not part of
5 t^^- -^+ €^11 t.r.i+1.in }.ha oonaral nrrrooseS affd; ;;i";i"t-Ji l-arger development ani does not faL1- within the general purposes
intent of the subdlvision reguLations of the State of Colorado and the County of
Garfteld, and should, therefore, be exempted from the definition of the terms
,subdivislon" and "subdlvided landrr as s;t forLh ln C.R.S. L973, 30-28-101 (10) (a)-
definitions and said t,ract may dtvlded into tracLs rtAtt and rrBrr, all as ls more fully
described above, and said divided tract may be conveyed in the form of such snaller
tracts without further compliance w:ith the aforesaid subdivision statutes and regrlations;
provided, howeverr-it"a-a'ttis exenptton ls granted on the conditlon and with the
express understanding and ,gr".r"rrt of the Petitloners that no further exemPtlons be
aLlowed on said ti""i" "A" Ind "Bt', and that a eopy of the instrument or lnstruments
of conveyance when recorded shalL be filed wlth tiis Resol-utLop, ard a copy of the replat
"t"if be-flled in the Garfleld County Clerk & Recorderfs office'
(d), as amended;
NOW, IHEREFORE, BE IT RBSoLVED that the dlvision of the above described tracts
,,g,, j"l;i";;;^;il'";;;-a"""iiu"d 20.44 acre tract'is herebv exeupted from such
e -l
ATTEST:BOARD OF COUHTY CO}II.IISSIONERS
GARFTELD CoINTY, COLoRADO
Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote:
Alre
...Aye
Commissloners
STATE OF COLORADO
County of Garfield l"
I, ...........,...... .,,.., Countv Clerk and ex-officio Clerk of the Board of County Comnissionetr
in and for the county and state aforesaid do hereby certuy that the annexed and foregoing order is truly copied from thc Records of
the Proceedings of the Board of County Commissioners for said Garfield County, now in my office.
IN UnTNESS U,HEREOF, t have hereunto set my hand and affixed the seal of said County, at Glenrnood Springs'
this...........*..,.-.day of '
A. D. 19
county clerk and ex-officio clerk of the Board of county commissioners.