HomeMy WebLinkAbout3.0 Resolution 81-130,
STATE OF COLORADO
County of Garfield l"
At a...,..,....regular meetiqg of the Board of County Commissionerr for Gqrfie-ld County' Colorado,
held at the court House in Glenwood Springs^o4...:.........119.i].+.+.X th..........3.Hh....................day or
May e. o. rg...9.I..... , t}ere were pres€nt:
.... L *.r..ry....y9 I.+.F..s *9.?F1aven J. Cerise
' -'ii il'Ia'I; "' ir i;'fr Ir i'fr '|'{; ;;Hi; ffi e " " " " " - " :"'Tf i:HHs*e.*.s.....11.{.*.1lll:....P.r}*.}.nsg.g.*, commissioncrArthur A. Abplanalp, Jr. ^^..-...A..^-.::: 4ii.[.'+ i': : :$ : :: +p- ii -1 iid e rii.i, *ij ; : : : :: :: : : : ;;;;;;;;".,
.HH:"iiiI:::..I;:::ii-"-Fi:i:;:::p-i-ptltx:::::::::::::::::il:';;;;
whcn the foll,owing proceedings, aurong othcrs were had and done, to-wit:
RESoLTnIoN lro. 81-130
A RESOLUTION CONCERNED WITII GRAI{TING AN E)GMPTION FROM THE SIEDIVISION RSGI'LATIONS OF
GARFIELD COUNIY, COLORADO FOR JEANNE MC PIIERSON
IIIIEREAS, Jeanne McPherson has petitioned the Board of County Cornmnlssloners of
C,arfield County, Colorado, for an exemption from the definition of the terms 'rsubdivl-sion[ and rrsubdivided land" under C.R.S . L973, 30-28-101 (10) (a)-(d), as amended, and
the Subdivision Regulations of Garfield Cor:nty, Col-orado, adopted January 2, L979,
Sections 2.02.21 (d) and 3.02.01 for the division of a35 acre tract described as
follows: .
In Book 503, Page 933, filed in the Office of Clerk and Recorder of Garfield
Cornty, Colorado, into 4 tracts of approxiuatel-y 2.33, 2.33, 2.L6 and.28.18
acres each, uore or Iess, which proposed divided tracts are more partlcularly
described as follorrs:
Tract A: A parcel of land situate in the NEkNEtrfI^Ik and the IW^IIN{L$W| of
Sectlon 5, Township 6 South, Range 92 West of the 6th Princlpal- Meridian;
said parcel of J-and lying southerly of the southerly right-of-way of County
Road /1216 and being more particul-arI-y described as follows:
Beginning at the corner co:rrion to Sections 5, 6, 7 and 8 of sald Township
and Range, thence N 45"51f37" E 2850.73 feet to the True Polnt of Bepinning,
with all bearings contained herein being relative to a bearing of N 00o
43t00" W on the l{est line'of said Section 5; thence aloog an existing fence
N 42o38'00" E 260.00 feet; thence'N 89'44'241' E 501-.07 feet; thence S
2lo25't48tt I.J 197.03 feet; thence along an existing fence N 89o54'44" w
277.7O feet; thence S 88"09102'\^1 327.65 feet along said fence to the True
Polnt of Beginning.
Said parc"1-;i-i;;d contaios 2.33 acres oore or Less.
Tract B: A parcel of land situate in the NE1X{FftSW% and the }ltlrrNllbWL
of Section 5, Township 6 South, Range 92 West of the 6th Prlncipal Meridian;
said parcel of land lying southerly of the southerl-y right-of-way line of
County Road /1216 and being nore particularly described as follows:
Begfuming at the corner common to Sections 5, 6, 7 and 8 of sald Township
and Range, thence N 45o51'37" E 2850.73 feet, thence along an existing
fence N 42"38'00" E 260.00 feet to the True Point of Beglnning, vrlth all
bearlngs contained herein being relative to a bearing of N 00"43t00" W ori
the West Line of said Section 5; thence continuing along said existing
fence N 42'38'00" E 285.00 feer; thence N 88'34'l-/r" E 457.66 feet; rhence
S 34o20117" w 265.01 feet; rhence S 89'44t24" w 501.07 feet ro the True
Point of Beginning. ,.
Sald parcel- of land contins 2.33 acres more or less.
Tract C: A parcel of land in the NET6NEISW! and the NI,lkNI^IrrSWk of Sectlon 5,
Tor,rnship 6 South, Range 92 West of the 6th Principal- l,Ieridlan; said parcel of
land lying southerly of the southerl-y righE-of-way line of County Road /12L6
and belng more particularly described as foLlows:
Beginnlng at the corner conmon to Sectlon 5, 6, 7, and 8 of said Township
and Range thence N 45o51t37tt E 2850.73 feet; thence along an existing fence
rt /,Oo2Otnnll E cr.c nn g-^& &^ !L^ m-..^ T)^.1 -r ^€ D^-{--{-^ -.{}L -11 L^-e-i---l\ t4 JU VV u ) az - bs - i-.-- !Let?-^I^.iraiit wlLli d:4 JesllalEiD
contained herein being relatlve to a bearing of N 00"43100rt I^I on the West
line of sald Section 5; thence continulng aLong said fence N 42o38r00r' E
298.60 feet; thence N l-0oLlr05r' W 7.51 feet to a poLnt on the southerly right-
of-way line of County Road i1216; thence along sald southerly right-of-way
N 89o26t32t1 E 406.69 feet; thence leaving said County Road rlght-of-ways 34o20t17" InI 266.C0 feet; thence s 88"34'14" w 4s1.66 feer ro the TruePolnt of Beginning.
SaLd parceL of land contains 2.16 acres more or 1ess.
(ln the State of Colorado and County of Garfield); and
I'IHEREAS, the Petitioner has demonstrated to the satisfactlon of the Board of
County Coumlssloners of GarfleLd County, Colorado, that the proposed divlslon does notfaLl wlthln the purposes of ?art 1, ArtLcJ-e 28, Title 30, CoJ-orado Revised StatutesL973, as amended, for the reason that the lmpact created does not warrant a full-subdlvlslon rerrlew, and
IIIIEREAS, the Petltioner has demonstrated to the satisfaction of the Board of
County Coumissioners of Garfleld County, Colorado, that there is a. reasonabl-e probab-llIty of locating domestic water on each of said tracts, that there is adequate ingress
and egress to sald tracts, that the location of septic tanks will be pernitted by the
Colorado Department of Health, that the requested division is not part of an existing orlarger devel-opuent and does not fall within the general" purposes and intent of thesubdivlsion regulations of the State of Colorado and the County of Garfiel-d, and shouLd,therefore, be exempted from the definition of the terms I'subdivisj.onf' and 'rsubdivi.dedland, as set forth ln C.R.S . 1,973, 30-28-101 (10) (a)-(d), as amended;
NOI.I' IIIEREFORE, BE IT RESOLVED that the dirrision of the above deserlbed rracrsttAtt, ttBrt, and ttCtt from the above described 35 acre tract is hereby exeupted from suchdeflnitlons and said tract Day be divided into tracts |tAtr, ttBt,, and trctt all as isrcre fu1ly described above, and said dlvlded tract uay be conveyed ln the form of suchsnaller tracts without further compU.ance with the aforesaid subdivision statutes andregulatlons; provided, horrever, that this exemptlon is granted on the condition and with
the express understanding and agreernent of the Petitloner that no further exemptions
be allowed on sald tracts rrAtr, ttBtt, and ttCt', and that a copy of the instn:ment of
lnstruments of conveyance when recorded shall- be filed with this Resolution.
ITIE BOARD OI' CO1INTY
oF GARFIELD COIINTY,
COMMISSIONERS
COLORADO
ATTEST:
STATEOFCbLORADO
County of Garfleld
.....Esgen.e....lLil.rm.li....Pr.*nh..h.p.us.e............Aye
Corrmissionerg
f"
I, .., County Clerk and ex-officio Clerk of t}re Board of County Commissioners
tn and for the County and State aforesaid do hereby certify that the annexed and foregoing Order is truly copied from the Records ol
tha Proceedingr of the Board bf County Commissioners for said Garfield County, now in my office.
IN WIINESS IITHEREOF, I have hereunto set my hand and affixed the seal of said County, at Glenwood Springs,
tht1....................day of......... ..., A.D. 19..............
County Clerk and exofficio Clerk of the Board of County Commissioners,
Deputy Clert of Boa
of County 10ners
Garfleld County,