HomeMy WebLinkAbout3.0 Resolution 95-064• •
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MILDRED ALSDORF GARFIELD COUNTY CLERK AND RECORDER 0.00
STATE OF COLORADO )
)ss
County of Garfield )
At a regular meeting of the Board of County Commissioners for Garfield County,
Colorado, held in the Commissioners' Meeting Room, Garfield County Courthouse, in Glenwood
Springs on Tuesday , the 8th of August A.D. 19 95 , there were present:
Marian I. Smith , Commissioner Chairman
Arnold L. Mackley Commissioner
Elmer (Buckey) Arbaney , Commissioner
Don DeFord , County Attorney
Mildred Alsdorf , Clerk of the Board
Chuck Deschenes , County Administrator
when the following proceedings, among others were had and done, to -wit:
RESOLUTION NO. 95-064
A RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE
GARFIELD COUNTY SUBDIVISION REGULATIONS FOR JACK AND NINA SONNIER
WHEREAS, JACK AND NINA SONNIER 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 8:00 through 8:60 and for
the division of a 10.25 acre tract as described in Book 367, Page 447, Reception #230674 as filed in the
Offices of the Clerk and Recorder of Garfield County, Colorado, into two (2) parcels of approximately
13.361 and 29.190 acres in silt., more or less, with the exemption parcels more practically as follows:
Parcel A (see attached)
Parcel B (see attached)
(in the State of Colorado and the County of Garfield); and
WHEREAS, the Petitioner has 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 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 Parcels B and C, and that Parcel A would qualify for an exempt well since the parcel
was created as a result of the DRG & W railroad right-of-way being created and that there is existing
ingress and egress to said parcels, 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
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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 in C.R.S. 1973, 30-28-101 (10) (a) -(d), as
amended; and
NOW THEREFORE, BE IT RESOLVED that the division of the above described Parcels A
and B from the 42.551 acre tract is hereby exempted from such definitions and may be conveyed in the
form of such parcels "Parcel A" and "Parcel B" as is more fully described above and that a copy of the
instrument or instruments of conveyance when recorded shall be filed with this Resolution.
Dated this 9th day of August , A.D. 19 95 .
ATTEST:
GARFIELD COUNTY BOARD OF
COMMISSIONERS, GARFIELD
COUNTY, COLORADO
Cle of the Board Chairman
Upon motion duly made and seconded the foregoing Resolution was adopted by the following
vote:
Marian I. Smith , Aye
, Aye
, Aye
Arnold L. Mackley
Elmer (Buckey) Arbaney
STATE OF COLORADO )
)ss
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 Resolution is truly copied from the Records of the Proceeding 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
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PROPERTY SITUATED IN THE COUNTY OF GARFIELD. STATE OF
COLORADO. AND BEING A PART OF THE SWI/4 NWI/4 AND THE SEI/4 NWI/4 OF SECTION I.
TOWNSHIP 6 SOUTH. RANGE 92 WEST OF THE SIXTH PRINCIPAL MERIDIAN. AS SHOWN ON THE
ACCOMPANYING PLAT. SAID REAL PROPERTY BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
PARCEL NO. I:
A PORTION OF TIIE SWI/4 NWI/4 AND THE SEI/4 NWI/4 OF SECTION I. TOWNSHIP 6 SOUTH. RANGE 92
WEST OF THE SIXTH PRINCIPAL MERIDIAN. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE ASSUMED NORTHERLY RIGHT-OF-WAY OF COUNTY ROAD 214. BEING AN
EXISTING FENCE LINE OR THE EXTENSION THEREOF. WHENCE THE NORTHEAST CORNER OF THE NEI/4
SWI/4 OF SAID SECTION ONE BEARS S 89 DEGREES 26'30' E 1357.99 FEET: THENCE ALONG SAID
FENCE LINE OR THE EXTENSION THEREOF N 89 DEGREES 55'17' E 392.36 FEET TO THE COMMON LINE
OF PARCEL NO. I AND PARCEL NO. 2: THENCE ALONG SAID COMMON LINE N 00 DEGREES 00'00" E
1327.04 FEET TO THE NORTHERLY LINE OF SAID SEI/4 NWI/4: THENCE ALONG THE NORTHERLY LINE
OF SAID SEI/4 NWI/4 OR THE EXTENSION THEREOF N 89 DEGREES 45'39' W 476.31 FEET: THENCE
S 00 DEGREES 23'07' E 78.67 FEET: THENCE S 12 DEGREES 50'59' E 173.29 FEET: THENCE
S 02 DEGREES 01'00" W 633.23 FEET: THENCE 5 03 DEGREES 17'18' E 82.38 FEET: THENCE
S 18 DEGREES 12.20" E 45.15 FEET: THENCE N 90 DEGREES 00'00" E 46.14 FEET: THENCE
S 00 DEGREES 23'07' E 323.98 FEET TO TIIE POINT OF BEGINNING. DESCRIBED PARCEL CONTAINING
13.361 ACRES. MORE OR LESS.
COUNTY OF GARFIELD
STATE OF COLORADO
PARCEL NO. 2:
A PORTION OF THE SEI/4 NWI/4 OF SECTION I. TOWNSHIP 6 SOUTH. RANGE 92 WEST OF THE SIXTH
PRINCIPAL MERIDIAN. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON TIIE ASSUMED NORTHERLY RIGHT-OF-WAY OF COUNTY ROAD 214. BEING AN
EXISTING FENCE LINE. WHENCE THE NORTHEAST CORNER OF SAID NEI/4 SWI/4 BEARS S 89 DEGREES
10'58' E 965.66 FEET. SAID POINT ALSO BEING THE COMMON LINE OF PARCEL NO. 1 AND PARCEL
NO. 2: THENCE ALONG SAID LINE N 00 DEGREES 00'00' E 1327.04 FEET TO THE NORTHERLY LINE
OF SAID SEI/4 NWI/4: THENCE ALONG SAID LINE S 89 DEGREES 45'39' E 957.28 FEET: THENCE
S 00 DEGREES 21'19' E 780.47 FEET: THENCE N 90 DEGREES 00'00' W 0.12 FEET: THENCE S 00
DEGREES 09'45' W 251.28 FEET: THENCE S 00 DEGREES 07'52' E 267.93 FEET TO THE ASSUMED
NORTHERLY RIGHT-OF-WAY FENCE OF COUNTY ROAD 214: THENCE ALONG SAID AS -CONSTRUCTED FENCE
OR EXTENSION THEREOF S 75 DEGREES 49'18' W 94.92 FEET: THENCE ALONG SAID FENCE
S 89 DEGREES 59'29' W 869.86 FEET TO THE POINT OF BEGINNING. DESCRIBED PARCEL CONTAINING
29.19 ACRES. MORE OR LESS.
COUNTY OF GARFIELD
STATE OF COLORADO