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HomeMy WebLinkAboutResolution 99-10611111111111111 HIM HIM 111111111111 HIM 1111111111111111 IN 553282 10/06/1999 08:46A 81134 P69 M ALSDORF 1 of 6 R 0.00 D 0.00 GARFIELD COUNTY CO 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 4th of October A.D. 19 99 , there were present: John Martin , Commissioner Chairman L_arry McCown , Commissioner Walt Stowe , Commissioner Don DeFord , County Attorney Mildred Alsdorf , Clerk of the Board Ed Green , County Administrator when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 99-106 A RESOLUTION CONCERNED WITH THE APPROVAL OF A ZONE DISTRICT AMENDMENT REQUEST BY ROBERT M. REGULSKI OF RIFLE SKI CORPORATION. WHEREAS, ROBERT M. REGULSKI filed a petition with the Board of County Commissioners of Garfield County, to rezone the herein described property described in Appendix A in Garfield County from Agricultural/Industrial (A/I) to Commercial/General (C/G). WHEREAS, the Board of County Commissioners of Garfield County have heretofore adopted and enacted a Zoning Resolution for Garfield County, Colorado, including as a part thereof, certain zoning maps regulating permitted uses upon the lands within Garfield County, Colorado; and WHEREAS, sections 30-28-109 through 30-28-116 C.R.S. as amended, provide for the approval of all zoning plans and the adoption and amendment of regulations and resolutions to implement such zoning plans by the Board of County Commissioners of a given county; and WHEREAS, the applicant has given notice of public hearing upon such application by publication in a newspaper of general circulation in Garfield County and provided notice of said hearing to all property owners adjacent to said property subject to the zone district amendment, and such hearing having been held on August 9, 1999, and this Board having given full consideration to the evidence; and b-( 1 1111111111111111111111111111111 IN 11111111111111111111111 553282 10/06/1999 08:46A B1154 P70 M ALSDORF 2 of 6 R 0.00 D 0.00 GARFIELD COUNTY CO WHEREAS, based upon the evidence, testimony, exhibits, review of the Comprehensive Plan for the unincorporated area of the County, recommendation from the Garfield County Planning Commission, comments of the Garfield County Planning Department, comments of public officials and agencies and comments from all interested parties in connection with said application, this Board makes the following findings in respect thereto, to -wit: That all applicable regulations regarding a Zone District Amendment have been complied with including, but not limited to, Section 10.00 of the Garfield County Zoning Resolution of 1978, as amended. 2. That the proposed zoning is in general compliance with surrounding land uses and zoning in Garfield County. 3. That the public hearing before the Board of County Commissioners was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at the meeting. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that the request of Robert M. Regulski / Rifle Ski Corp. for a zone district amendment rezoning the above described properties from A/I to C/G be approved. Dated this 4th day of �october 3 A.D. 19 99 ATTEST: Clerk o the Board' GARFIELD COUNTY BOARD OF Chairman , GARFIELD COUNTY, Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: .OMMISSIONER CHAIRMAN JOHN F. MARTIN ___ , Aye COMMISSIONER LARRY L. MCCOWN ,Aye COMMISSIONER WALTER A. STOWE ,Aye 1111111111111111 HIM HIM 111111 IN HIM 11111111111111111 953282 10/06/1999 08:46A 81154 P71 M ALSDORF 3 of 6 R 0.00 D 0.00 GARFIELD COUNTY CO 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 1111111 11111 1111111111111111 Illi 1111111 III Illll Illi Illi 553282 10/06/1999 08:46A B1254 P72 M ALSDORF 4 of 6 R 0.00 D 0.00 GARFIELD COUNTY CO BOOK 828 PAGE499 "' EXHIBIT A All that part of the SE'/4 of Section 11, Township 6 South, Range 93 West of the 6th P.M., described as follows: Beginning at a point whence the West Quarter corner of said Section 11, bears North 88'45' West 2640.0 feet; theme South 89'26' East, 435.4 feet; thence South 592.7 feet to the North right of way line of U.S. Highway 6 & 24; thence South 63'55' West 484.7 feet; thence North 8 10. 1 feet, more or less, to the point of beginning. EXCEPT a tract of land situated in the S'/xofsaid Section I 1 described as follows: Beginning ata point which is the WI/. corner of said Section 11; thence South 88'45' East 2640.0 feet; thence South 355.22 feet to the true point of beginning; thence South 26'05'00" East 408.55 feet to the Northwesterly right of way line of U.S. Highway 6 & 24; thence South 63'55'00" West 200.00 feet along said Northwesterly right of way line; thence North 454.88 feet to the true point of beginning. Together with all ditch and ditch rights, water and water rights appurtenant thereto and used in connection therewith. and A tract of land in the SWIANWI/4 of Section 12, Township 6 South, Range 93 West of the 6th P.M., and more particularly described as follows: Beginning at a point on the North line of the right of way of State Highway No 24, at its intersection with the West Section line of said Section 12, whence the West Quarter Section corner of said Section 12 bears South 0' 17' East a distance of 511.4 feet; thence North 0"38'30" West 779.0 feet to the south line of the County Road, thence along said South line of County Road North 89' 29' East 491.5 feet, thence South 0' 29' West 572.0 feet to the North line of the right of way of Stat: f lighway No. 24, and thence along said North right of way line on a curve whose chord bears South 66' 08' West 522.6 feet to the point of beginning, together with all improvements situated thereon. and A parcf:l of land situated in the SWIANW'/4 ofSection 12, Township 6 South, Range 93 West of the 6th P.M., lying Southerly of the Southerly right of way line of a county road as constructed and in place, said parcel of land is described as follows: Beginning at a point whence the West Quarter Corner of Section 12, Township 6 South, Range 93 West of the 61h P.M. bears: 5.00'24'12" E. 1130.84 feet; thence N.00'24'12" W. 160.02 feet to a point on the Southerly right of way line of said county road; thence N.89'3745" E. 271.82 feet along the Southerly right of way line of said county road; thence S.00'34'00" E. 160.20 feet; thence S.89'40'00" W. 272.28 feet, the point of beginning. The above described parcel of land contains 1.00 acres, more or less. and r�5 — 111!111 VIII 111111 IIIA! 1111 IIl1 1111111 III IIIlI Illl 553282 10/06/1999 08:46A B1154 P73 M ALSD IIII 5 of 6 R 0.00 D 0.00 GARFIELD COUNTY CO nox 82S PAGE500 A parcel of land located in the SW'/4 in Section 11, Township 6 South, Range 93 West of the 6th P.M., described as follows: Beginning at a point on the Northerly right of way line of U.S. Highway No. 6, whence the Southwest corner of said Section 11 bears S.10'00'36" N. 575.31 feet; thence N. 63'*50" E.1690.98 feet along said right of way line; thence N. 89'48'15" W. 289.04 feet along a fence line; thence N. 00'04'28" E. 235.44 feet along a fence line; thence S. 45119'55" W. 230.33 feel; thence S. 63' 30'50" W. 1185.39 feet along a fence line; thence S. 300 feet to the point of beginning. EXCEPTING therefrom all that portion of the subject property which lies in the NCI/4SWI/4 of said Section 11. and A tract of land situated in NEIASW'/4 Section 11, Township 6 South, Range 93 West of the 6th P..M., described as follows: Commencing at a point where the North line of U.S. Highway 6 & 24 Intersects the North and South centerline of Section 11, Township 6 South, Range 93 West of the 6th P.M.; thence North along said centerline of said Section 11, 175 feet to Corner No. 2; thence West 210 feet to Corner No. 3; thence South to the North line of aforesaid Highway 6 &24, Corner No. 4; thence Easterly along the North boundary of said Highway to the point of beginning, Corner No. 1, County of Garfield, State of Colorado. and A tract of land in the SEE/4 o£Section 11, Township 6 South, Range 93 West of the 6th P.M. described as follows: Beginning at a point whence the West Quarter Corner of said Section 1 I bears N.88'45' W. 2640.0 feet; thence South 355.22 feet to the true point of beginning; thence South 26'05'00" East 408.55 reel to the Northwesterly right of way line of U.S. Highway 6 & 24; thecice South 63' 55'00" West 200.00 feet along said Northwesterly right of way line; thence North 454.88 feet to the true point of beginning. Subject to restrictive covenants as stated in instrument recorded April 10, 1968, as Document No. 240603 in Hook 393 at Page 327; to prior mineral reservations and to easements and rights of way of public record orsitualed and in use. and A tract ofland in Garf ieid County, Colorado, situated in the NIASE'/, of Section 11, Township 6 South, Range 93 West of the 6th P.M., described as follows: Beginning at a point on the North right of way of Highway 6 & 24, whence the East quarter corner of said Section I 1 bears South X39'48'45" East 1016.86 feet; thence North 89'48'45" West, 1203.11 feet; thence South 0'12'0" East, 597.08 feet; thence along the North right of way of Highway 6 & 24 North 63'431)" East, 1339.50 feet to the point of beginning. and 111111111111111111111111111 553282 IN 1 10/06/1999 08:46A B1154 P74 M ALSDORF B00K 82S FSGE50i 6 of 6 R 0.00 D 0.00 GARFIELD COUNTY CO That portion of the SE NE lying W of U.S. Highway 6 & 24 containing 30.91 acres of the following Parcel: The SEIANE'A ofSection I 1 and SWIANWI/4 of Section 12, Township 6 South, Range .93 West, containing 80 acres, more or less, excepting roadway and telephone and telegraph and railroad right of ways, and excepting that portion deeded to the Board of County Commissioners of Garfield County, by Warranty Deed, dated April 15,1939, recorded in Book 188 at Page 349 Garfield County records, being designated as Doc. #135516. and A parcel of land situated in the SW'/;NEIA of Section 11, Township 6 South, Range 93 West of the 6th P.M., more particularly described as follows: Beginning at the East Quarter Corner of said Section 11; a sandstone found in place; thence North 89'43'19" West 2635.27 feet along the southerly line of the NE'/, of Section l I to the True Point of Beginning; thence North 00'27'51"East 1317.81 feet along the westerly line of theSWI/4NEI/4ofSection 11; thence South 89'47']5" East 1045.29 feet along the northerly line of the SWI/4NEI/4 of Section 11, thence South 00'21'43" West 1319.00 feet and parallel to the easterly line of the.SWI/4NE1/4 of Section 11, thence North 89'43'19" West I047.64 feet along the southerly line of the SW?/4NE1/4 of S=tion 11, to the True Point of Beginning. i,-7