HomeMy WebLinkAbout2.0 Resolution 80-227STATE OF COLORADO
County of Garfield f"
At a.................,...f.e..9.9.L.+.f..,..,.,...........,...,.meetr19 of the Board of County Commissioners for Gar-field County, Colorado,Mondav 15th
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................L3.{.r..y....Y9}.+.9.gllg.?.......- , commissionerArthur A. .+p.P1*1.e.LP.f....:I.Li, county Attorney
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when the following proceedings, among others were had and done, to-wit:
RESOLUTION NO. 80.227
RESOLUTION CONCERNED l^,ITH GRANTIIIG AN EXEMPTION FROM THE GARFIELD
COUNTY SUBDIVISION REGULATIONS FOR RIFLE LiVESTOCK, KELLY MEYER,
KENNETH HEUSER, AND PORTER-VILLE AND MEAT COI4PANY AND CAROL t^IILLSON
t,trHEREAS, Rifle Livestock, Kelly Meyer, Carol tliIIson, Kenneth Heuser, and
Porter-Ville and Mear Co., have petitioned the Board of County Comm'issioners of
Garfield County, Colorado, for an exemption from the defin'ition of the terms
"subdivision" and "subdivided land" under C.R.S. 1973, 30-28-l0l (.l0) (a)-(d)
as amended, and the Subdivis'ion Requlations of Garfield Coutny, Colorado,
adopted January 2, 1979, Sections 2.0?.21 (d) and 3.02.0.I for the adjustment of
property boudaries described as follows in Documents numhered #258946, #275024,
and #290239, recorded in the 0ffice of Clerk and Recorder of Garfieid County,
Colorado. The proposed adjustments are more particularly described as follows:
AII that land situated jn the ELaSEU, of Sect'ion 4, Township 6 South,
Range 93 l'les t of the Si xth Pri nc'ipa1 Meri di an , Ga rfi e1 d County, Col -
orado, Iying Easterly of the centerline of Government Creek, as surveyed
in 1979 and field checked in August,.l980, beinq between the Southerly
right-of-way line of Colorado State Hiohway l3 and northelry of the
South line of said Section .I3. Said centerline creek is more fu'l1y
described as follows:
Beginning at the intersection point of sa'id centerline creek with the
South line of said Seciton 4; whence an iron pipe with a hrass cap
propqrly marked for the South Quarter Corner of said Section 4 bears:
S 89044'.l0"hl. 205.98 feet; thence, along said centerline creek, l.l
46043'.53"E. 149.75 feet; thence N 380.12'21"E. .l25.35 feet; thence
N 1 8052', .l 7"E . 216.79 feet; thence N 33031 ',44" E . 132.36 feet to a
common property corner; whence the said Quarter Corner bears: S
45059'26"l,11. 744.93 feet; thence, aionQ sa'id centerline creed, N. 620
05'04"[''l. 241 .90 feet; thence N. 20025'05"1,',1. .143.75 feet; thence N
26009'57"W. 39.94 feet to a common property corner; whence the said
Quarter Corner bears: S .I7036' ll "[,,. 840.75 feet; thence; along said
centerline creedk N 26009'57"trJ. 76.31 feet; thence N. 26a40'l5"E.
71.01 feet; thence N 04026'0.l "l^1. 80. B0 feet; thence N 03006'03" E.
73.11 feet; thence S 75o36'55"E. ll9.6l feet; thence N. 590]0'll "E.
85.48 feet; thence Nl9ol6',58"E. 252.52 feet thence N .l4o28',
53"!n'.
31.35 feet, more or less, to said right-of-way line.
AII that land situated in the El-rSEll of Section 4, T 6 South, Ranqe 93
hl of the S'ixth Principal Meridian, Garfield County, Colorado, lyino
tlesterly of the centerline of Government Creek, as surveyed in .l979 andfield checked in August, .I980, being between the Southerly right-of-wayline'of Colorado State Highway l3 and ttrorther'ly of the South line of
Section .I3. Said centerline is more fuily described as follows:
Beginning at the interseition point of said centerline creek with the South
line of sa'id Section 4; whence an iron pioe with a brass cap properly
marked for the South Quarter Corner of said Section 4 bears: S Bgo44'.l0"t,l. 205.98 feet; thence a'long said centerline creed N. 46043'53"E.
149.75 feet, thence N 38ol 2'21"E. .l25.35 feet; thence N. .l8052'.l6"E
216.79 feet; thence N 33031'44"E. .|32.36 feet to a common proDerty corner;
whence lhe saidQuarter Corner bears: S.45o59'26"V!. 744.93 feet; thence
al ong sai d centerl i ne creek, N 62005 '04"t1. 241 .90 feet; thence N20o25'05"
W 143.75 feet; thence N 26009'57"1,1. 39.94 feet to a common property
corner; whence the said Quarter Corner bears: Sl7o36'll "l^, 840.75 feet;
thence, aiong said centerline creek, N 26009'57"h,. 76.3.l feet; thence
N 26040'15"E. 73.'ll feet; thence S
N 590.10'll "E. 85.48 feet; thence N
N .l4028'53"11. 31.35 feet, more or
A1'l that land described b.y Document
75036 '55" E. I '19.6.l feet; thence
l 90l 6'58"E. ?52152 feet; thence
less, to said riqht-of-way line.
Ilo. 275024 as filed in the Garfield
County, Colorado records in Book 489, Page 671.
Subiect to the provisions as filed with the City of Rifle, Colorado,
and Garfiel d County, Co]orado, under the Thompson Addi t'ion to the Ci tyof Rifle, Colorado.
A parcel of land situated in the Sl,lkSEk of Section 4, Township 6 South
Range 93 Wes t of the Si xth Pri nci pa1 ltleri di an , Garfi el d Coun ty , Col orado
lying tr'lesterly of the centerline of Government Creek as surveyed in
1979, and Eastelry of trlhiteriver Avenue in the City of R'ifle, Colroado.
Said parcel of Iand'includes the Thonrpson Add'ition to the City of Rifle,
Colorado. Said parce'l of land is more fu11y described as follows:
Beginning at the Southwest corner of said Addition, whence the South
Quarter Corner of said Section 4 bears: N Bgo25'38"1,'l. 3l .20 feet and
s 00005'l6"lnl. 522.91 feet; thence N 000.17'35"1,1. 284.3fr feet along the
Easterly right-of-way line of said avenue; thence S 88"34'00"E 2?3.78
feet, more or less, to the centerl'ine of said creek; thence 526009'57"E. 39.94 feet along said centerline creek; thence S 20025'05"E. .l43.75
feet a'long said centerline creek; thence S 62005'04"E. 241.90 feet
al ong sai d centerl 'ine creek; thence N 89025 '38"1,J. 503. 80 feet, rnore
or less, to a point on said right-of- way line, the point of beginning,
containing 2.03 acres, more or less.
Subiect to the provisions as filed with the C'ity of Rifle, Colorado,
and Garfield County, Colorado, under the Thompson Addition to the City
of Rifle, Colorado
The bearing source established from the City of Rifle Street Survey
monuments of Fifth Street at the intersections of Railroad Avenue
and t'lhite river Avenue, being tl 89023'00"E., d city record bearing.
I'IHEREAS, the Petit'ioners have demonstrated to the safisfaction of
the Board of County Commissioners of Garfield County, Colorado, that the
proposed division does not rall r,rithin the purposes of Part l, Article 28,
TitIe 30, Colorado Rev'ided Statutes 1973, as amended, for the reason that
no new parcels are bing created and the purpose of the exempt'ion is to
adjust property boudaries; and
WHEREAS, thePetitioners have demonstrated to the satisfaction of the
Board of County Commiss'ioners of Garfield County, Colorado, that there is a
reasonable probability of locatinq domest'ic water on each of said tracts,
that there is adequate ingress and egress to said tracts, that the location
of septic tanks will be permitted by the Colorado Department of Health, that
the requested divis'ion is not part of an ex'isting or larger developnrent and
does not fall within the general purposes and fntent of the subdivision
regu'lations 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 forthe in C.R.S.1973,30-28-l0l (10) (a)-(d), as
amended;
NOl{ , THEREFORE BE IT RESOLVED that the above described tracts ttArr, "8",
"C", and "D" are for the adjustnent of property boundaries onl.y, and said
tracts may be conveyed in the form of such smaller tracts without further
compliance with the aforesaid subdivision statutes and regulations; provided,
T
however, that this exemption is granted on the
undenstanding and agreement of the Petitioners
allowed on said tracts "A", "8", "C" and "D",or instrunenis of conveyance when recorded sha
condit'ion and with the express
that no further exemptions be
and that a copy of the instrumentll be fileci with this Resolution.
AD0PTED the 15rh day of September ,.|980
THE BOARD OF COUNTY
OF GARFIELD COUNTY,
COMMI SS I ONERS
COLORADO
ATTEST:
uty
Garfield County, Colorado
Upon motion duly rnade and seconded the foreqoing Resolution was adopted by the following vote:Richard C. .roitev '
^..-'1"""""" """"""!" "r"""r""""" 4vEFlaven Cerise
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Comroission*s
STATE OF COLORADO
County of Garfield f"
I, .................' ....., County Clerk and ex-officio Clerk of the Board of County Commissioners
h and for the C'eunty a.rti Si;!c afv;er-i 3; :*.e;:L; c:l';37 '-\a: ^.\e ;.r.::i,;:ed an,i ioregoing Orrler is Lruly copied ironr lhc Recorris.ri
thc hoceeding of the Board of County Commissioners for said Garfield County, now in my office.
IN VIIINESS II\,IIEREOF, I have hereunto set my hand and affixed the seal of said County, at Glenwood Springs,
......., A. D. 19.......,......
County Clerk and ex-officio Clerk of tha Board of County Commissionqr.
thlr.................... day of ...