HomeMy WebLinkAbout4.0 Resolution 90-043RECORDEDAT`�i�3.S O'CLOCK [ .M. MAY 11 )N90
' 1.
REC. # ��c+`#Liv' f ILDRED ALSDORF, .COUNTY CLERK
GARFIELD COUNTY, COLORADO
STATE OF COLORADO
County of -Garfield'
At a regular
Commissioners for Garfield
Commissioners' Meeting Room at
Glenwood Springs on the_ ` 7th
there were present:
PM'
BOOK 779 ,? E63
meeting.of..th� -Board of County
e.
County, Colorado, held... at the
the Garf.eld‘`County Courthouse'in
day of r May A.D.' rggn , > ,,.
M J
Marian I. Smith
Arnold L. Mackley
Elmer (Bucket') Arbaney
Don, DeFord
Mildred Alsdorf
Chuck Deschenes •
when the
to -wit:
following proceedings.
Commissioner`Chairman
Commissioner
Commissioner
County Attorney
Clerk of the Board
County Administrator
among others were had and done,
RESOLUTION NO. 90-O43
A RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE GARFIELD
COUNTY SUBDIVISION REGULATIONS FOR JERRY AND SHARLENE J. SMITH.
WHERiAS, Jerry and Sharlene Smith have 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 5.96 acretract as described ;in Book 458, Page 7, as filed in the
Office of the Clerk and Recorder of Garfield County, Colorado into
two tracts of approximately 2.00 acres and 3.652 acres more or
lass, which proposed divided tracts are more practically described
as follows:
TRACT A: See attached legal description for Parcel "A"
TRACT B: See attached legal description for Parcel "B"
(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,
proof of a legal and adequate source of 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 Health, that the requested division is not part of an
existing or larger development and deos 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;
160K 778 Pa+3E784
3D3K 779 P0E6 4
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Garfield County, Colorado that the division of the
above described tracts "A" and "B" from the above described 5.96
acre tract is hereby exempted from such definitions and said tract
may be divided into said tracts "A" and "B" and may be conveyed in
the form of such tracts "A" and "B" all as is more fully described
above; however, this exemption is granted on the condition and with
the expressed understanding and agreement of the petitioner that no,
further exemption 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.
Dated this 7th day o
ATTEST:
r
erk of the Board
May
, A.D.1990.
GARFIELD COUNTY BOARD OF COMMISSIONERS
GARFIELD COUNTY, COLORADO
•
Chairman
Upon motion duly made and seconded the foregoing Resolution
was adopted by the following vote:
Mari an T Smith
4rnnld 1, Markley •
Elmer (Rimkey1 Arhaney
STATE OF COLORADO
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 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 and ex -officio Clerk of
the Board of County Commissioners.
BOOK 778 FAGETSl
500K 779 rtcE635
PARCEL "A"
PROPERTY DESCRIPTION
A TRACT OF LAND SITUATLP IN LOT 7 AND LOT 9 ALL TN SECTION 3,
TOWNSHIP 8 SOUTH, RANGE 88 WEST OF THE 6TH PRINCIPAL MERIDIAN,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE EASTERLY RIGHT -OF --WAY LINE OF COLORADO
STATE HIGHWAY NO. 133, FEDERAL AID PROJECT NO. 80163(2), WHENCE
THE SURVEY MONTJMENT AT THE INTERSECTION OF TATE CENTERLINES OF 4TH
STREET AND EUCLID AVENUE, TOWN OF CARBONDALE, COUNTY OF GARFIELD,
STATE OF COLORADO, BEARS N.19°26'37"W. 3878.82 FEET WITH ALL
BEARINGS CONTAINED HEREIN RELATIVE TO A BEARING OF N.89'57'00"W.
ON THE CENTERLINE OF SAID EUCLID AVENUE BETWEEN SURVEY MONUMENTS
ON THE CENTERLINES OF SAID 4TH STREET AND 8TH STREET IN SAID TOWN
OF CARBONDALE; THENCE N.63°26'00"E. 43.69 FEET TO A FENCE AS
CONSTRUCTED AND IN PLACE, SAID POINT ALSO BEING THE MOST SOUTHERLY
CORNER OF A PARCEL OF LAND DESCRIBED IN BOOK 367, PACE 402,
GARFIELD CLERK AND RECORDER'S OFFICE; THENCE N.35°59'15"E. 483.14
FEET; THENCE S.03°17'55"E. 411.98 FEET; THENCE S.69°30'22"W.
329.84 FEET TO THE EASTERLY RIGHT-OF-WAY OF COLORADO STATE HIGHWAY
133; THENCE ALONG SAID EASTERLY RIGHT--OF-WAY N.26°34'00"W. 70.32
FEET; THENCE ALONG SAID EASTERLY RIGHT-OF-WAY N.06°41'30"W. 53.78
FEET, TO THE POINT OF BEGINNING, DESCRIBED PARCEL CONTAINING 2.00
ACRES MORE OR LESS.
PARCEL "B"
PROPERTY DESCRIPTION
IV 778 hoE782
BCow( 779 ritEf3.36..
A TRACT OF LAND SITUATED IN LOT 7 AND LOT 9 ALL IN SECTION 3,
TOWNSHIP 8 SOUTH, RANGE 88 WEST OF THE 6TH PRINCIPAL MERIDIAN,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF COLORADO
STATE HIGHWAY NO. 133, FEDERAL AID PROJECT NO. 80163(2), WHENCE
THE SURVEY MONUMENT AT THE INTERSECTION OF THE CENTERLINES OF 4TH
STREET AND EUCLID AVENUE, TOWN OF CARBONDALE, COUNTY OF GARFIELD,
STATE OF COLORADO, BEARS N.19°26'37"W. 3878.82 FEET WITH ALL
BEARINGS CONTAINED HEREIN RELATIVE TO A BEARING OF N.89°57'00"W.
ON THE CENTERLINE OF SAID EUCLID AVENUE BETWEENSURVEY MONUMENTS
ON THE CENTERLINES OF. SAID 4TH STREET AND 8TH STREET IN SAID TOWN
OF CARBONDALE; THENCE N.63°26'00"E. 43.69 FEET TO A FENCE AS
CONSTRUCTED AND IN PLACE, SAID POINT ALSO BEING THE MOST SOUTHERLY
CORNER OF A PARCEL OF LAND DESCRIBED IN BOOK 367, PAGE 402,
GARFIELD CLERK AND RECORDER'S OFFICE; THENCE N.35°59'15"E. ALONG
THE TOWN OF CARBONDALE, TOWN BOUNDARY LINE PREVIOUSLY DESCRIBED AS
__N.35°5$,( A DISTANCE OF 1789-77 FEET ALONG AN EXISTING FENCE
LINE; THENCE S.55°34'00"E. 97.01 FEET ALONG SAID FENCE; THENCE
S.00°29'28"E. 266.21 FEET ALONG SAID FENCE; THENCE S.00°09'37"W.
685.83 FEET ALONG SAID FENCE; 'WHENCE S.00°15'00"E. 1223.56 FEET
ALONG SAID FENCE TO THE SOUTHEAST CORNER OF SAID LOT 9, THE CENTER
OF A CEDAR FENCE POST; THENCE S.87°44'OG"W. 800.33 FEET ALONG THE
SOUTHERLY LINE OF SAID LOT 9, ADJACENT AND/OR ADJOINING SAID FENCE
TO THE EASTERLY RIGHT-OF-WAY OF SAID COLORADO STATE HIGHWAY NO.
133 MONUMENTED BY A REBAR AND CAP; THENCE N.26°34'00"W. 828.42
FEET ALONG THE EASTERLY RIGHT-OF-WAY LINE OF SAID COLORADO STATE
HIGHWAY NO. 133; THENCE N -06°41'30"W. 53.78 FEET ALONG THE
EASTERLY RIGHT-OF-WAY LINE OF SAID COLORADO STATE HIGHWAY NO. 133
TO THE POINT OF BEGINNING; EXCEPTING THEREFROM THE FOLLOWING
DESCRIBED PARCEL:
A TRACT OF LAND SITUATED IN LOT 7 AND LOT 9 ALL IN SECTION 3,
TOWNSHIP 8 SOUTH, RANGE 88 WEST OF THE 6TH PRINCIPAL MERIDIAN,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF COLORADO
STATE HIGHWAY N0. 133, FEDERAL AID PROJECT NO. 80163(2), WHENCE
THE SURVEY MONUMENT AT THE INTERSECTION OF THE CENTERLINES OF 4TH
STREET AND EUCLID AVENUE, TOWN OF CARBONDALE, COUNTY OF GARFIELD,
STATE OF COLORADO, BEARS N.19°26'37"W. 3878.82 FEET WITH ALL
BEARINGS CONTAINED HEREIN RELATIVE TO A BEARING OF N.89°57'00"W.
ON THE CENTERLINE OF SAID EUCLID AVENUE BETWEEN SURVEY MONUMENTS
ON THE CENTERLINES OF SATO 4TH STREET AND 8TH STREET IN SAID TOWN
OF CARBONDALE; THENCE N.63°26'00"E. 43.69 FEET TO A FENCE AS
CONSTRUCTED AND IN PLACE, SAID POINT ALSO BEING THE MOST SOUTHERLY
CORNER OF A PARCEL OF LAND DESCRIBED IN BOOK 367, PAGE 402,
GARFIELD CLERK. AND RECORDER'S OFFICE; THENCE N.35°59'15"E. 483.14
FEET; THENCE S.03°17'55"E. 411.98 FEET; THENCE S.69°30'22"W.
329.84 FEET TO THE EASTERLY RIGHT-OF-WAY OF COLORADO STATE HIGHWAY
133; THENCE ALONG SAID EASTERLY RIGHT-OF-WAY N.26°34'00"W. 70.32
FEET; THENCE N.06°41'30"W. 53.78 FEET TO THE POINT OF BEGINNING,
DESCRIBED PARCEL CONTAINING 36.52 ACRES MORE OR LESS.
.t•1•'