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HomeMy WebLinkAbout3.0 Resolution 80-251 AmendedSTATE OF COLORADO County of Garfield L.. I At a.......,............,.fg.g.Ulaf.....,.................meeting of the Board of County Commissioners for Garfield County, Colorado' oc*'o. --- f;f#.+.*r*[iif:::::: : : ::: : ::Iffi:x chairman ...........H.I.avgn....C.g.f.1.S.e.................... , commissioner ...........Ar.i.hu.r....4.'....4hp.I-e.ngIP-r'....J-r-.'...., countv Attornev ...........Na.nc.y....sp.-r.r9h....P.9.99.r.....D.-e.p.$!Y, ctert< of the Board rrhen the following proceedings, among others were had and done, to-wit: RESOLUTION NO. 80.251 PASOLUTION CONCEI.NED WITTI AMENDING RESOLUTION NO. 80_227 GRAMING A}I EXEMPTION FROM TIIE GARFIELD COUNTY SIIBDIVISION REGULATIONS FOR RIFLE LIVESTOCK, KELLY MEYER, KENNETII ITEUSEI., PORTER-VILLE MEAT COMPANY' AND CAROL I'IILLSON IIHEREAS, Rifle Livestock, Ke1ly }leyer, Carol- Wi11son, Kenneth Heuser' and Porter-Ville Meat Co., have petitioned the Board of County Commissioners of Garfield County, Colorado, for an exemption from the definition of the telss ,,subdivision" and I'subdivided land" under C.R.S . Lg73, 30-28-l-01 (10) (a)-(d) as amended, and the Subdi-rision Regulations of Garfield County, Colorado' adopted January 2, Lg79, Sections Z.OZ,2| (d) and 3.02.01 for the adjustment of property boundaries described as follows in Docurents m-ulbered 11248946, 11275024, atd.'llZ9OZ39, recorded in the Office of Clerk and Recorder of Garfield County' Colorado. Ttre propos.:d adjustments are more Particularly described as follows: A1l that land situated in t]neE\SE, of Section 4, Tor"nship 6 South, Range 93 West of the Sixth Principal Meridian, Garfield County, Co1- orado, lying Easterly of the centerline of Government Creek, as su:rzeyed ln 1979 and field checked in August, 1980, being between the southerly right-of-way line of Colorado State High'.'ray 13 and Northerly of the soutrr line of said Section 13. Said centerline creek is more ful1y described as follows: Beginning at the intersection point of said ce;rterline creek with the south Line of said section 4; whence an lron pipe with a brass cap properly marked for the South Quarter Corner of said Section 4 bears; 3 Ai'++il-O" W. 205.98 feet; thence, along said centerline creek, N 46"43'53" E. L4g.75 feet; thence N 38"12'21" E. 125.35 feet; thence N 18052'L7" E. 216.79 feet; thence N 33"31144" E. L32.36 feet to a corrrnon property corner; whence the said Quarter Corner bears: S 45"59,26" trI. 744.93 feet; thence, along said centerline creell,, N. 62o O5rO4" W. 24L.gO feet; thence N. 20"25'05" W. 143.75 feetl thence N' 26"Ogt57" W. 39.g4 feet to a cortrnon property corner; whence the said centerline creek N 26'09'57" W. 76.3L feet; thence N. 26"40'15" E' 7L.01 feer; thence N 04'26'01" w. 80.80 feet; thence N 03"06'03" E' 73.1-1 feet; thence S 75"36'55" E. 119.61 feet; thence N. 59o10'11" E 8.48 feet; thence N 19o16158" E.252.52 feet thence N 14'28153" W. 3I-.35 feet, more or less, to said right-of-way line' A11 that land situated in the E'rSEk of Section 4, T 6 South, Range 93 West of the Sixth Principal Meridian, Garfield County, Colorado, lying Westerly of the centerline of Government Creek, as surveyed in 1979 and field checked in August, 1980, being between the Southerly right-of-way 11n! of Colorado State Highway 13 and Northerly of the South line of Section 13. Said centerline is more fully described as follows: Beginning at the intersection point of said centerline creek with the Souttr llne of said Section 4; irhence an iron pipe rrith a brass cap properly marked for the South Quarter Corner of said Seccion 4 bears: S 89o44t10t' W. 205.98 feet; thence along said centerline creek N. 46"43'53" E' 1.49,75 feet, thence n 38"12'21" E. L25.35 feet; thence N. L8"52'16" E 2l.6-79 feet; thence N 33o31r44" E. L32.36 feet to a comon proPerty corner; wheree the said Q,:arter Corner bears: I'I . 45"59'26" W' 744'93 feet; thence along said centerline creek, N 62o05'04" I^i. 24L.90 feet; thence N 20"25'05" w 143.75 feet; thence N 26'09f57" 1I. 39.94 feet to a conmon proPerty corner; whence the said Quarter Corner bears: 517"36t11" W 84O'75 feet; thence, al-ong said centerline creek, N 26'09t57" I^1. 76.31 f eet; thence N 26'40'l-5" E. 73.11 feet; thence S 75o36'55" E. 119.61 feetl thence N 59'"10'11" E. 85.48 feer; rhence N 19'16'58" E. 252.52 feet; thence 'N 14o28'53" W. 31.35 feet, more or 1ess, to said right-of-way line. A11 that land described by Document No. 27504 as filed in the Garfield County, Colorado records in Book 489, Page 671. Subject to the provisions as filed with the City of Rif1e, Colorado. and Garfleld Cor-rnty, Colorado, under the Thompson Addition to the City of RifLe, Colorado. A parcel of land Range 93 West of ly1ng Westerly of situated in the SI'IkSEk of Section 3, Torrnship 6 South, the Sixth Principal Meridian, Garfield County, Colorado, the centerline of Government Creek as surveyed in 1979 and Northerly of a land is more fu1ly fence as constructed and in place. Said parcel of described as follows: Beglnning at a point, whence the South Quarter Corner of said Section 4 bears: S. 00"36'00" E. 521.81 feet and S 89'44'10" 1I. 16.10 feet; thence N 00"36'00" W. 285.7L feet; thence S. 88"34'00" E along the North line of the Thompson Addition to the City of Rifle, Co1-orado, 246.69 feet, more or 1-ess, to a point in said centerline creek; thence, more or less along said creek, S 26o09'57" E" 39.94 feetl thence S 2O"25r05" E. 143.75 feet; thence S 62"05'04" E. 241.90 feet; thence, leawing said centerline creek, s 89o44',20" W.175.01 feet, more or less; thence N 89"L0'00" W. along said fence line, 350.16 feet, to the point of beginning, containing 1.46 acres, more or l-ess. Subject to rhe Thompson Addition to the Clty of Rif1e, Colorado, as flLed in the Garfield County, Colorado, records- Ttre bearing source establ-ished from the City of Rifle Street Su:rrey monrments of Fifth Street at the intersections of Railroad Avenue and Wtrite river Avenue, being N 89"23'00" E., a city record bearing. I'IHERF.I\S, the Petitioners have demonstrated to the satisfaction of the Board of County Connn-issioners of Garfield County, Colorado' that the proposed division does not fall- within the purposes of Part 1, Artlcle 28, Title 30, Colorado Revised Statutes L973, as amended, for the reason that no new parcels are being created and the purpose of the exemption is to adjust property boundaries; and WIIEREAS, the Petitioners have demonstrated to the satisfaction of the Board of County Conurissioners of Garfield County, Colorado, that there is a reasonable probability of locating donestic water on each of said tracts' that there is adequate ingress and egress to said Lracts, that the location of septic tanks wil-l be permitted by the Colorado Departuent of Health' that the rlquested division is noE 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 exempEed fron the definition of the tems t'subdivisontt and I'subdirrided land" as set forth in C.R.S. 1973, 30-28-101 (10) (a) - (d)' as anrended; NOI{, I]IEREFORE BE IT RESOLVED that the above described tracts tttrrt, tt3tt ttC" and "D" are for the adjustment of property boundaries on1y, and said tracts may be conveyed in the form of such srnaller tracts without further coupliance with the aforesaid subdivison statutes and regulations; provided, however, that this exemption understanding and agreement alIowed on said tracts I'Ar', or instfunents of conveyance is granted on the conditon and with the express of the PeEitioners thal no further exemptions berrBtr, trcrr andttDtt, and that a copy of the lnstrr::nent when recorded shall be filed with this Resolution. TIIE BOARD OF COI]N]Y COM},fiSSIONERS 0F GARFTELD COIINIY, COLoRADO Garfield-CounFy, Colorado up'n n"i'n t.,..=*..t#il#i',#*i**-r..*.*'=.=.- t':'*' "" Comnissioners STATE OF COLORADO County of Garfield l" I, .................. ...,., County Clerk and ex-officio Clerk of the Board of County Commissioners in and for thr Counry ano Srato aforesaid do hereby certify that tire atuexeci an<i foregoing Orcier is uuiy copied from tire fr,ecorrir oi tbc Proceedingr of the Board of County Comrnissioners for raid Garfield County, now in my office. IN UIIT}IESS UTIIEREOF, I havc hcrsunto s€t my hand and affixcd the seal of said County, at Glcnwood Sprln$, , A. D. 19.............. County Clcrk and cxofficio Clerk of th€ Board of County Comrnlsdoncrr. Comd-ssioners th|s.................... day of