HomeMy WebLinkAbout4.0 Resolution 94-016RECORDED g3Q O'CLDCK I) .M. REC it 459303
FEB 1 6 1994 MILDRED ALSDORF, GARFIELD COUNTY CLERK
STATE OF COLORADO )
)ss
County of Garfield )
B00K0892 PAcF791
Ata 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 Monday , the 14th of February A.D. 19 94 , there were present:
Elmer (Buckey) Arbaney
Arnold L. Mackley
Marian I. Smith
Don PPFnrrl
Ni 1 rlrerl Al srlorf
Chuck Deschenes
, Commissioner Chairman
, Commissioner
, Commissioner
, County Attorney
, Clerk of the Board
, County Administrator
when the following proceedings, among others were had and done, to -wit:
RESOLUTION NO. 94-016
A RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE
GARFIELD COUNTY SUBDIVISION REGULATIONS FOR RICHARD SCHWABE.
WHEREAS, RICHARD SCHWABE 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 30.24 acre tract as described in Book 353 Page 255 as filed in the Offices of the Clerk
and Recorder of Garfield County, Colorado, into three (3) parcels of approximately 2.366, 2.366, and
25.508 acres in size, more or less, with the two smaller exemption parcels more practically as follows:
Lot 1 (see attached)
Lot 2 (see attached)
(in the State of Colorado and the 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 division does not warrant further subdivision review; 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 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
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"
BOOK0892 PAGE 792
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 lots 1 and
2 from the 30.24 acre tract is hereby exempted from such definitions and may be conveyed in the form
of such lots "1", "2" 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 14th day of February , A.D. 19. 94 .
ATTEST:
Clerlslof the Board
vote:
GARFIELD COUNTY BOARD OF
COMMISSIONERS, GARFIELD
COUNTY, COLORADO
Upon moticcin tiul'y..inade and seconded the foregoing Resolution was adopted by the following
•
Elmer (Buckey) Arbaney
Arnold. L. Mackley
, Aye
, Aye
Marian I. Smith , Aye
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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424303
LEGAL PESCRI.pTIQNHLOT 1
6.(fx S PAGE`
SET:
;',REB/
243(
13EGINNING AT THE SOUTH ONE—QUARTER CORNER OF SEC. 10, T. 6 S., R.
92 W. OF THE 6th•P.M., ALSO BEING THE SOUTHWEST CORNER OF LOT 10,
SEC. 10, WHENCE THE SOUTHWEST CORNER OF SAID SEC. 10 BEARS WEST,
2640.92', THENCE EAST ALONG THE SOUTH LINE OF SAID SEC. 10,
137.03': THENCE N 02°20' 02" E., 523.99'; THENCE WEST 206.61' TO
A''POINT ON, THE NORTH—SOUTH CENTERLINE OF SAID SEC. 10; THENCE S.
00°11' 33" W., ALONG SAID NORTH—SOUTH CENTERLINE, 523.56' TO THE
POINT OF BEGINNING, CONTAINING 2.366 ACRES, MORE OR LESS, ALL IN
GARFIELD COUNTY, COLORADO, EXCEPTING THE EXISTING R.O.W. FOR
COUNTY flOAD 331.
LEGAL DESCRIPTION—LOT 2
BEGINNING AT A POINT ON THE SOUTH LINE OF SEC. 10, T. 6 S., R. 92
W. OF THE 6th P.M., WHENCE THE SOUTHWEST CORNER OF SAID SEC. 10
BEARS WEST, 2827.95'; THENCE EAST ALONG THE SOUTH LINE OF SAID
SEC. 10, 187.03'; THENCE -N. 04°28' 06" E., ALONG AN EXISTING
FENCE, 525.15' TO A FOUND NO. 5 REBAR AND ALUM. CAP STAMPED L.S.
16397, ALSO BEING A POINT ON THE SOUTH BANK OF THE RISING SUN
DITCH; THENCE WEST, 206.61'; THENCE S. 02°20' 02" W., 523.99' TO
THE POINT OF BEGINNING, CONTAINING 2.366 ACRES, MORE OR LESS, ALL
IN GARFIELD COUNTY, COLORADO, EXCEPTING THE EXISTING R.Q.W. FOR
COUNTY ROAD 331.