HomeMy WebLinkAbout4.0 Resolution 87-72Recorded at •' /0 o'clock !9 -M, JUN 3 Q 1987
STATE OF COLORADO 1 Reception No._383270 MILDRED ALSDORF, RECORDER.
)ss GARFIELD.COUNTY, COLORADO
County of Garfield. ) B;'n '715 P40E115
At a. regular meeting of the Board of County
Commissioners for Garfield County, Col.or.ado, held at the Commissioners.'
Meeting Room at the Garfield:. County Courthouse.ir...Glenwood Springs on
the 29th day of June` A.D. 19,a7 ,. there. were.present:
Robert Richardson
Larry Schmueser
Marian I Smith
Don`-DeFord
Mildred Alsdorf
Chuck Deschenes
1
1
Cornmiss:ioner Chairman
Commissioner
Commissioner
County Attorney
Clerk of the Board
County Administrator
when the following proceedings, among others were had and done,'to-wit:
RESOLUTION: NO..: 87-7.2
A RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE GARFLELD:COUNTY.
SUBDIVISION•REGULATIONS FOR HOWARD RALEY, JR
WHEREAS, Howard ..Raley, Jr. has 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 00through
8:60 and for the' division of a 36.3' acre tract as described. in Book. 503,
Page 675, as filed in the Office of the Clerk and Recorder;:of Garfield
County, Colorado into three tracts of -approximately 12.1 acres each, -,more
or less, which proposed divided` tracts -are more practically described as
follows
TRACT A: See attached legal description for Parcel 1.
TRACT 3: See attached legal description for Parcel 2.
TRACT C: See attached legal description forParcel 3.
(in the State of Colorado and the- County of ':Garfield) ; and
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 division does not warrant further subdivision review, and
WHEREAS, the petitioners have demonstrated to the satisfaction of the
Board of County Commissioners, of Garfield County, County, . Colorado, that there is
a reasonable probability of locating domestic water on each of said
tracts, that there is existing ingressand 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
development 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 definition. of the
terms "subdivision" and "subdivided' land". as set forth . inn -C R ;S'." 1973,
30-28-101 (10) (a) -(d), as amended•;.
BOOK 715 PAGE1 6
NOW THEREFORE, B:E. IT RESOLVED- that the. division of,the-.. above' described:
tracts "A", B" and -".C" . from the above.. described 36.3-- 'acre^ract is
hereby exempted from such definitions and said tract may be 'divided into
said tracts ":A", "B" 'and. "C - and may be conveyed in the form `of such
tracts "A; "B" and "C", all as is. more:fully described above, however,
this exemption a s, . -granted on . the condition and with, the - , expressed
understanding andagreement of. the petitioner that no further exemption be
allowed on said tracts "A", "B" and "C":and that a copy of the instrument
or instruments of conveyance: ` when recorded - shall be filed with. this
Resolution.
Dated this 29th day of
ATTEST:
June , A.D. 1987..:.
Clerk
of
the •Board
GARFIELD:COUNTY BOARD OF. COMMISSIONERS
GARFIELD rO- , COLOADO
Ch Ch
it
Upon motion duly made and seconded the foregoing .Resolution was
adopted by the following vote:
Robert Richardson
Larry Schmueser.
Marian :I . Sthi th
STATE OF COLORADO )
County of Garfield )
Aye
Aye.
Aye
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 forego;..ng Resolution. is
truly copied from, the Records, of the -Proce,edings of the:::Board of, County
Commissioners for said Garfield County, now in my,office.
IN WITNESSWHEREOF, I have. here,un:to -set my hand : and.:affi-xed:`the .:.seal
of said County, at Glenwood Sprigs, this day of , A.D.
19
of the Board of County Commissioners,
County Clerk and ex= officio Clerk
715 pr,IE1.17
A
PARCEL NO. 1
A parcel of lard situated in the NES NW -c of Section 11, Township 6 South, Ranje
92 West of the Si:.:th Principal Meridian, County of Garfield, State of Colorado,.,
said parcel beim more particularly de -scribed as fol]oo-s:
Commencing at the North Quarter Corner of said Section 11, a Garfield County
Surveyor Brass Cap found in place; thence N.89°.46'2:"W. along the north lire of
said Section 11 a distance of 491,01 Leet to the True Point of Beginning;
thence S.02'09'20"W, a distance of 728.16 feet to a point on the northerly
right -of -'ay of U.S. Higt-Pgiy No. 6 & 24; thence N.85°57'19"W. a distance of
289.70 feet along said right-of-way to a point on the centerline of the Lower
Cactus Valley Ditch; thence along said centerline the following six (6)
courses
1.) N.54°11'42"W. a distance of 165.65 feet;
2.) N.79°26'01"W. a distance of 90.95 feet;
3.) N.65°11'07"W. a distance of 73.60 feet;
4.) ;4.75°17'50"W. a distance of 134.38 feet;
5.) N.46'34'4]"W. a distance of 91.91 feet;
6.) N.42'38'59"W. a distance of 80.26 feet to a point on the westerly
line of .said NE'i Pd!i; thence leaving said centerline N.00'12'44"E. along said
westerly line a distance of 410.98 feet to a point on the northerly line of
said Section 11; thence S.B9'46'24"E. alorg the northerly line of said Section
11 a distance of 857.05 feet to the True Point of Beginning; said parcel
containing 12.117 acres, more or less.
Together with a thirty foot access and utility easement being the southerly
thirty feet of Parcel No. 2 of the Paley Exemption.
Together with and subject to a 10.00 foot wide access and maintenance easement
for a waterline as shown on the Raley Exemption.
PARCEL N0. 2
A parcel of larva situated in the NE'L"4S^8S and Lot 2, Section 11, Township 6
South, Range 92 West of the Sixth Principal, County of Garfield, State of
Colorado, said parcel being more particularly described as follows:
Commencing at the North Quarter Corner of said Section 11, a Garfield County
Surveyor Brass Cap found in place, the True Point of Beginning; thence
5.89'48'00"E. along the north line of said Section 11 a distance of 211.68
feet; thence 5.02°09'20"W. a distance of 775.07 feet to a point on the
northerly right-of-way of U.S. Rim way No. 6 & 24; thence N.65°57'19"W. along
said right-of-way a distance of 702.67 feet; thence leaving said right -of -'xray
`7.02'09'20"E. a distance of 728.16 feet to a point on the northerly lire of
said Section 11;` thence 5.89'46'2.3"E. along the north line of said Section 11 a
r.istance of 491.01 feet to the True Point of Beginning; said parcel containing
12.117 acres, more or leas.
Togetner with and subject'to a thirty foot access and utility easement being
the southerly thirty feet of Parcel No. 2.
Together with and subject to a thirty foot access easement as described in
Document No. 249117.
Subject to a 10.00 foot wide access and maintenance easement for a waterline as
shown on the Paley Exemption.
PARCEL NO. 3
A parcel of lard situated in Lot 2, Section 11, Township 6 with, Range 92 West
of the Sixth Principal Meridian, County of Garfield, State of Colorado, said
parcel being more particularly descrI'ced as follc'4•i;
Commencing at the North Quarter Corner of said Section 11, a Garfield County
Surveyor Brass Cap found in place; thence 5.89'48'00"E. along the north line of
said Section 11 a distance of 211.68 feet to the True Point of Bcginnir�c;
thence 5.89'48'00"E. along the north line of said Section 11 a distance of
662.41 feet; thence S.02'09'20"W. a distance of 819.51 feet to a point on the
northerly right -of -say of U.S. Highway No. 6 & 24; thence N.85°57'19"W. along
said riot -of -way a distance of 662.39 feet; thence leaving said right-of-way
N.02'O9'20"E. a distance of 775.07 feet to the True Point of Beginning; said
parcel containing 12.117 acres, more or less.
Together with a third foot access and utility easement being the southerly 30
feet of Parcel No. 2 of the Paley Exemption.
Together with and subject to a 10.00 foot wide access and maintenance easement