HomeMy WebLinkAbout2.0 Resolution 82-103srATE OF COLORADo lI ss.
County of Garfield t
At a...................f.egU.L.4.f ....meeting of the Board of County Commissioners for Garfield County, Colorado,
held at rhe court House in Glenwood springs on.......Monday.... '...., the...............'.........3rd""day of
...May-.............................-.:.......A. D. 198.2.'......., there were present:
. ..I.L.a.Ven....J.^....C.9f.i.s.e.'......'.. .. , commissioner chairman
......Euae.ne-..D.-r.i.nkh.4.u.s.e..........'.. , commissioner
....L.e.r.5.r....V.9.I.4.s.9u.e .2....-..'-"......'.. , commissioner
....r-.a.r.I....Bhq g.g-9 , countv Attornev
....i*g.en+.g....Q.l.g.Lgn.d.,.....DgB.p.Ey-,clerkortheBoard
when the following proceedings, among others were had and done, to-wit:
RESOLUTION NO.82-TO3
A RESOLUTION CONCERNED WITH G."ANTING AN EXEI'TPTION FROM THE GAR-F'IELD COUNTY SUBDIVISION
ITEGULATIONS FOR LEONARD RIGGS.
WHEREAS, Leonard Riggs has petitionecl the Board of County Commissioners of Garfleld
County, Colorado, for an exemption from the definitlon of the terms "subdivision" and
"subdlvided land" under C.R.S. t973,30-28-101 (i0) (a)-(d), as amended, and the
Subdivlslon Regulations of Garfield County, Colorado, adoPted January 2, 1979, Sections
2.02.21 (d) and 3.02.01 for the division of a 20 acre tract descrlbed as follows:
yLi SE4 NE% sectlon 29, Township 7 South, Range 87 West of the 6th Principal
Meridian
ipto Z tracts of approximately I0 acres each, more or less, which proposed divided tracts
are rnore parti c:u1ar1y described as f ol1ows :
TI{ACT A: A tract of land sltuate in the E1 of the SE% of the NE% of Section 29,
Township 7 South, Range 87 l{est of the 6th Principal }leridian being
more particularly described as follows:
iJeginning at a stone for Lhe NE Corner of said SEk NE'A, thence S.01"
44i09"W. 1345.21 feet to a stone for the SE Corner of said SPa NEl; I
rhence N.89"52'55"W. 344.74 feet along tl-re south Line of t.t6 5g1'a NEf
rhence N.0i-20'20"E. 1343.48 feet to the north line of said SBa of the
NEr4, thence N.89"52'35"E. 354.09 feet along said north line to the
point of beginning, containing L0.779 acres, more or less'
'IIIACT B: A tract of land situate in the [l; of the SP; of tlie NE% of SecE1on 29,
Township 7 South, Range 87 hlest of the 6th Principal Meridian being
more particularly described as follows:
Beginnlng at a point on the south lrne of said SEla NEL whence a stone
for the SE Corner of said. SE% NEt4 bears S.89"52'55"E. 344.74 feet;
Lhence N.89o52'55"W. 344.7'.3 feet; along said south line; thence
N.02-30'30"8. 1343.01 feer along the west line of said East % of the
5gla NEt, thence N.89'52'35"E. 317.35 feet along the North line of
"ur6 ggl-u NE%i rhence S.01"20'20"W. I343.48 feet to tlie point of begln-
ning, containing 10.202 acres more or 1ess.
I{OADWAY AND UTILITY EASE}'IENT
A roadway and utility easement situate in
of Section 29, Township 7 South, Range 87
I{eridian being 40 feet in width and lylng
following described centerline:
Begrnning at a lPoint on the North line of
a stone for the NE corner of said SE% NE%
thence s.49"35'1+8"W. 169.68 feet; thence
the Point of ending.
tlre Eli of the SE% of the NEla
trrlest of the 6th PrinciPal
20 feet on each side of the
said ELz of the SP4 NEI-4 whence
bears N.89"52'35"8. 227.45 feetl
S.01 o20'20"tr^l. 348. Bl feet, to
The sidetines of the above described easement being lengthened or shortened
on the norttrerly end to terminate o1 said North line of the SE% NEk.
WHEREAS, the PeLitioner has demonstrated to the satisfaction of the Board of
County Commissioners of Garfield County, Colorado, that the proposed divlsion
does not fall within the purposes of Part I, 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 Petitioner has 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 is adequate
ingress and egress to said tracts, that Ehe location of septic tanks will be permitted
by the Colorado Department of Health, that tire requested division is not part of an
existing or larger development and does not fall witirin 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 in C.R.S. L973,30-28-10I (10)
(a)-ta), as amendedl
NOW, THEREFORE, BE IT RESOLVED that the division of the above described tractst'A" and "B" from the above described 20 acre tract 1s hereby exempted from such
definitions and said tract may be divided into tracts "A" and "B", a1l as is more
fully descrlbed above, and said divided tract may be conveyed in the form of such
smaller tracts without further compliance with the aforesald subdlvision statutes
and r:egulations; provided, however, that this exemption is granted on the condition
and with the express understanding and agreement of the Petitioner that no further
exemptions be allowed on said tracts rtA. and "B", and that a copy of the instrument
or instruments of conveyance when recorded shall be filed with this Resolutionl and
further, that this exemption is approved with the following conditions:
L.That water be available to each lot from the existing domestic well and that
easements for a water 11ne to the existing well be conveyed for each new lot
if that is necessary to provide a water line access to the well.
That the access easement intersect County Road 102 in a fulI 90o intersection.
ATTEST:BOARD OF COUNTY COMMISSIONERS
GARFIELD COUNTY, COLOMDO
)
Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote:
. FLay..en....J.,.....e.e.r.i.s..d.............. ..........................Aye
. :-qiliien-4 :ffi-{nkhe-ffi Aye
......Lerrv....YeL.e.e.q.1+.e.2................. ..........................Aye
Commissioners
STATE OF COLORADO
County of Garfield f"
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 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,
this.,..,...............day of , A. D. 19
County Clerk and ex-officio Clerk of the Board of County Commissioners.
