HomeMy WebLinkAbout2.0 Resolution 82-33STATE OF COLORADO
County of Garfield
Ata • regular
ss.
held at the Court House in Glenwood Springs on
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ecordcs.d at 3: o'ctock p M. FFB 9 iQR2
t?,eception No. 9:aMILDRED ALSDORF, RECORDER
meeting of the Board of County Commissioners for Garfield County, Colorado,
Monday , the 8th day of
February A. D. 19 ' 82 , there were.present:
:Flaven J. Cerise
Eugene Drinkhouse
Larry Velasquez
Earl G. Rhodes
Leanne Cleland, Deputy.
, Commissioner Chairman
Commissioner
-Commissioner
, County Attorney
Clerk of the Board
when the following proceedings, among others were had and done, to -wit
• RESOLUTION: NO. 82-33
A RESOLUTION': CONCERNEDWITH'GRANTING AN EXEMPTION:FROM THE GARFIELD COUNTY SUBDIVISION
REGULATIONS:FOR WILLIAM AND PAT -SH
RIVER.
WHEREAS, William and Pat Shriver:have.
petitioned the Board of County Commissioners.
of Garfield County, Colorado, for an exemptionfrom the definition of:. ,the terms
"subdivision" and "subdivided land" under C.RS.'1973, 30-28-101 (10) (a) -(d), as
amended, and the Subdivision Regulations of_Gariield County, Colorado, adopted January
2, 1979, Sections 2.02.21.(d) and 3.02 01 for the divisionyof a 40 acre tract described
as follows::. that parcel of land as described in Document No. 284966 as filed in the
Office of the Clerk and Recorder of.Ga'-field County, Colorado into 2 tracts of approximately
17 & 23 acres eachmore or less which
proposed divided tracts are more particularly
described as:follows;.
TRACT ABeginning at the East one-quarter Corner of Section 2, Township 6 South,
Range 93 West of the' 6th Principal Meridian, Garfield County, Colorado;
thence S.89°36'04"W,.:1319. 35feet along the east/west centerline of
said Section 2 to the:. Northwest Corner of the NEkSE1/4`of Section 2;
thence S.0°22'31"E, 770.00 feet along the west line of the NEI4SEI4 of
Section 2; thence N.66°25'03"E, 191:68 feet; thence N.82°03'37"E 340.26
feet; thence N.75°50'48"E 355..80feet, thence.'N.55°11'41"E,' 557.98 feet..
to a point on the east line of the NE1/4SE1/4of:Section 2;:thence N.0°21'20"W.
250.00 feet along said east line of the NEkSE1/4 of Section 2 to the point of
beginning.: Containing 17:294 acres, more or less.
TRACT B: Beginning at a point of the east line of the NESE4of Section 2, Township
6 South, Range 93 West of the 6th Principal Meridian, Garfield County,
Colorado, whence the East one-quarter Corner of said Section 2 bears
N.0°21'20"W 250.00 feet; thence S.0°21'20"E, 1069.99 feet along the east
line of the NESE of Section 2 to the Southeast Corner of the NEkSE1/4
of Section 2;::thence S.89°32'45"W, 1318:90 feet along the'south line
of the_NE14SE4 of Sectioii 2 to the Southwest Corner of .'the NE1-4SE1-4 of
Section 2; thence S.89°32'45"W, 188.30 feet, along the south line of the
NW1/4SE14 of Section 2; thence along the centerline of the Lower Cactus
Valley Irrigation Ditch the following twelve courses::
N.16°47'14"E, 35.23 feet; thence N.42°11'00"E, 210:01 feet; thence,
N.34°17'38"W, 27.07 feet; thence N.34°19`32"W, 53.80 feet; thence
N.19°44'28"E, 24.10. feet; thence N.14°35'20"W, 70.47 feet; thence
N.4°43'13"W, 48.81 feet; thence N.10°47'11"W, 65.70 feet, thence
N.20°31'50"E,.:42.97 feet; thence.:N.37°57''30"E, 24.70 feet to a point
on the west line of the NESE' of -Section: 2; thence S.0°22'31"E,
46..80 feet along said east line of the:NEI4SE1/4; thence N.66025703"E,
19.1.!68 feet; thence N.82°03'37"E.;340.26 feet; thence N75°50'48"E,
355.80 feet; thence N.55°11'41."E,.557.98 feet to the point of
beginning. Containing 23.497 acres, more or less.
(in the State of Colorado and 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 property split is solely for the
purposed of adjusting property boundaries and no .new lots are created, and
WHEREAS, the Petitioners have 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 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
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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. 1973,.30-28-101-(10) (a) -(d), as amended;
.NOW, -THEREFORE, BE IT. RESOLVED: that the division of the above described tracts
"A" and "B" from the above described 40 acre tract is hereby exempted.from,such definitions
and said tract may be divided into tracts "A" and "B", all as is more fully described
above, and said divided tract may be conveyed in the form of such smaller tracts without
further compliance with the aforesaid subdivision statutes and regulations; provided,
however, that this exemption is granted on the condition and with th.express understanding
.and agreement of. the Petitioners that no further exemptions be allowed on said tracts
"A" and "B" and that a copy of the instrument or instruments of conveyance when recorded
shall be filed with this Resolution; and further, that the property split is solely
for the purposesof adjusting property boundaries, and the 17 acre tract will be conveyed
to an adjoining property owner' so that no new lot is created.
ATTEST:
Depjity Clerk -of the Board
BOARD OF COUNTY COMMISSIONERS
GARFIELD COUNTY,- COLORADO
Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote:
7..avlZ...,�......sri s.e Aye
Aye
Aye
Commissioners
STATE.OF.COLORADO
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 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 andex -officio Clerk of the Board of County Commissioners.