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Home My WebLink About3.0 Resolution 93-054STATE OF COLORADO ) )ss County of Garfield ) vox 868:'N(:;205 RECORDED, R ;,./ , 0 -CLOCK JUL 0 8 1993 t MILDRED ALSDORF, COUNTY CLERK 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 6th of July A.D. 19 93 , there were present: Elmer "Buckey" Arbaney , Commissioner Chairman Marian I. Smith , Commissioner Arnold L. Mackley 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. 93-054 A RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE GARFIELD COUNTY SUBDIVISION REGULATIONS FOR STEPHEN A. SMILACK. WHEREAS, Stephen A. Smilack 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 24.52 acre tract as described in Book 764, Page 994, as filed in the Offices of the Clerk and Recorder of Garfield County, Colorado, into three parcels of approximately 8.43, 8.20 and 7.89 acres each, more or less, more practically described as follows: Parcel A: See Attached Parcel B: See Attached Parcel C: 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 each of said parcels, 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 • BOOR 868 206 division is not 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 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 parcel "1", "2" and "3" from the above described 24.52 acre tract is hereby exempted from such definitions and may be conveyed in the form of such parcel "1", "2" and "3" 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 6th day of July , A.D. 19 93 . ATTEST: • Cle of the Board Cle of Board vote: GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFIELD COUNTY, COLORADO Chairman ,^j Upon motion duly made and seconded the foregoing Resolution was adopted by the following Elmer "Buckey" Arbaney Marian I. Smith Arnold L. Mackley STATE OF COLORADO ) )ss County of Garfield ) , Aye , Aye , Aye 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 ft, ' LOTA- Description • anro( 868 207 A PARCEL OF LAND LOCATED IN THE NORTHEAST 1/4 OF SECTION 6, TOWNSHIP 6 SOUTH, RANGE 91 WEST, OF THE 6TH P.M., GARFIELD COUNTY, COLORADO, SAID PARCEL BEING KNOWN AS LOT A OF THE SMILACK EXEMPTION, AND DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT A, SAID NORTHEAST CORNER BEING ON THE SOUTHERLY BOUNDARY OF COUNTY ROAD 214, WHENCE THE EAST 1/4 CORNER OF SAID SECTION 5 BEARS S 67°26'49" E, A DISTANCE OF 2,354.34 FEET; THENCE S 00°45'00" E, ALONG THE EASTERLY BOUNDARY OF SAID LOT A, A DISTANCE OF 807.37 FEET TO THE CENTER OF THE WARE AND HINDS DITCH; THENCE S 31°30'18" W, ALONG SAID DITCH, A DISTANCE OF 69.23 FEET; THENCE S 35°13'53" W, ALONG SAID DITCH, A DISTANCE OF 77.71 FEET; THENCE LEAVING SAID DITCH S 89°16'02"W, A DISTANCE OF 373.36 FEET; THENCE N 00°41'52" W, A DISTANCE OF 689.59 FEET TO THE SOUTHERLY BOUNDARY OF COUNTY ROAD 214; THENCE ALONG SAID SOUTHERLY BOUNDARY AND ALONG AN EXISTING FENCE THE FOLLOWING COURSES AND DISTANCES: N 58°5072" E, A DISTANCE OF 210.22 FEET; THENCE N 59°55'26" E, A DISTANCE OF 84.74 FEET; THENCE N 64°01'00" E, A DISTANCE OF 65.83 FEET; THENCE N 65°0473" E, A DISTANCE OF 154.13 FEET TO THE POINT OF BEGINNING. LOT A CONTAINS 8.43 ACRES, MORE OR LESS. SUBJECT TO A COMMON DRIVEWAY EASEMENT, SERVING LOT A AND LOT B, AS SHOWN ON THIS PLAT. LOT B - Description • BnOX 8681(:;208 A PARCEL OF LAND LOCATED IN THE NORTHEAST 1/4 OF SECTION 5, TOWNSHIP 6 SOUTH, RANGE 91 WEST, OF THE 6TH P.M., GARFIELD COUNTY, COLORADO, SAID PARCEL BEING KNOWN AS LOT B OF THE SMILACK EXEMPTION, AND DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT B, SAID NORTHEAST CORNER BEING ON THE SOUTHERLY BOUNDARY OF COUNTY ROAD 214, WHENCE THE EAST 1/4 CORNER OF SAID SECTION 5 BEARS S 58°22'42" E, A DISTANCE OF 2,060.85 FEET; THENCE S 00°45'00" E, ALONG THE EAST LINE OF SAID LOT B, A DISTANCE OF 842.42 FEET TO THE CENTER OF THE WARE AND HINDS DITCH; THENCE ALONG SAID DITCH -THE FOLLOWING COURSES AND DISTANCES: S 62°59'57" W, A DISTANCE OF 276.24 FEET THENCE S 78°45'49" W, A DISTANCE OF 65.77 FEET; THENCE S 87°45'56" W, A DISTANCE OF 109.32 FEET; THENCE LEAVING SAID DITCH N 00°45'00" W, ALONG THE EASTERLY BOUNDARY OF LOT A, A DISTANCE OF 807.37 FEET TO THE SOUTHERLY BOUNDARY OF COUNTY ROAD 214; THENCE ALONG SAID SOUTHERLY BOUNDARY AND ALONG AN EXISTING FENCE THE FOLLOWING COURSES AND DISTANCES: N 66°45'37" E, A DISTANCE OF 212.68 FEET; THENCE N 66°45'07" E, A DISTANCE OF 169.19 FEET; THENCE N 68°37'05" E, A DISTANCE OF 73.61 FEET TO THE POINT OF BEGINNING. LOT B CONTAINS 8.20 ACRES, MORE OR LESS. SUBJECT TO A COMMON DRIVEWAY EASEMENT SERVING BOTH LOT A AND LOT B, ALSO SUBJECT TO A WATER LINE EASEMENT SERVING LOT A AS SHOWN ON THIS PLAT. 1 LOT C - Description • • Bnnx 868 209 A PARCEL OF LAND LOCATED IN THE NORTHEAST 1/4 OF SECTION 5, TOWNSHIP 6 SOUTH, RANGE 91 WEST, 6TH P.M., GARFIELD COUNTY, COLORADO, SAID PARCEL BEING KNOWN AS LOT C OF THE SMILACK EXEMPTION, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT C, SAID NORTHEAST CORNER BEING ON THE SOUTHERLY BOUNDARY OF COUNTY ROAD 214, WHENCE THE EAST 1/4 CORNER OF SAID SECTION 5 BEARS S 47°01'59" E, A DISTANCE OF 1,825.89 FEET; THENCE S 00°45'00" E, ALONG THE EAST LINE OF SAID LOT C, A DISTANCE OF 778.95 FEET TO THE CENTER OF THE WARE AND HINDS DITCH; THENCE S 54°45'00" W, ALONG SAID DITCH, A DISTANCE OF 89.87 FEET; THENCE S 62°59'57" W, ALONG SAID DITCH, A DISTANCE OF 386.71 FEET; THENCE LEAVING SAID DITCH N 00°45'00" W, ALONG THE EAST LINE OF LOT B, A DISTANCE OF 842.42 FEET TO THE SOUTHERLY BOUNDARY OF COUNTY ROAD 214; THENCE N 68°37'05" E, ALONG SAID SOUTHERLY BOUNDARY, A DISTANCE OF 449.74 FEET TO THE POINT OF BEGINNING. LOT C CONTAINS 7.89 ACRES, MORE OR LESS.