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HomeMy WebLinkAbout4.0 Resolution 92-103/ \ : 0R DE'4A{&1' o*', -"1:l {i !;$PI,2 !,J[T, cL ER K Brtot< E47 rucr988 STATE OF COLORADO County of Garflreld [14 regular meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Commissioners' Meeting Room, Garflreld County Courthouse, in Glenwood Springs on llondav the 23rd of November A.D. 19 92 , there were present: Arnold L. Mackley , Commissioner Chairman Elmer (Buckey) Arbaney , Commissioner Marian T Smith 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. e2-Lo3 A RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE GARFIELD COUNTY SUBDTVISION REGULATIONS FOR JOHN STIRLINGAND DENISE HENDERSON WHEREAS, John Stirling and Denise Henderson have petitioned the Board of County Commissioners of Garflreld County, Colorado, for an exemption from the dehnition of the terms "subdivision" and "subdivided land" under C.R.S. 1973,30-28-101 (10) (a)-(d), as amended, and the Subdivision Regulations ofGarfield County, Colorado, adopted April 23,l984,Section 8:00 through 8:60 and for the division of a 19 .627 acre tract as described in Book 643, Page 528, as filed in the Office ofthe Clerk and Recorder of Garheld County, Colorado, into two tracts of approximately 9-932 acres and 9.695 acres each, more or less, with the 9.932 acre having a 0.906 acres merged with it from an adjoining property which proposed divided tracts and merger are more practically described as follows: TRACT A: See attached legal description for Parcel "A" and Addition to 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 Garf,reld County, Colorado, that the proposed division does not fatl 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 satislaction of the Board of County Commissioners of Garheld County, Colorado, that the portion of Resolution No. 83-301 restricting further division of the subject property should be modified to allow lor the lurther division of said property; and ) )ss ) I Bnor( 847 Pittg8g 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 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, beexemptedfromthedefinition oftheterms"subdivision" and "subdivided land" assetforthinC.R.S. 1973,30-28-101 (10) (a)-(d), as amended; and WHEREAS, the Petitioners have agree to dedicate a 60 foot access, utility and waterline easement to the County for County Road 162 A, which is more practically described on the attached legal description for "60 Foot Access, Utility and Watertne Easement". NOW, THEREFORE, BE ru RESOLVED by the Board of County Commissioners of Garfield County, Colorado that the division ofthe above described tracts "A" and "B" from the above described 19.627 acre tract is hereby exempted from such def,rnitions and said tract may be divided into said tracts "A' and "B" and tract "A" may be merged with an additional 0.906 acres to form a merger tract and may be conveyed in the form of such tracts "A" and "B", all as is more fully described above and that a copy of the instrument or instruments of conveyance when recorded shall be hled with this Resolution. BE IT FURTHER RESOLVED by the Board of County Commissioners of Garheld County, Colorado that a 60 foot access, utility and waterline easement shall be accepted into the County Road system as County Road 162 A, subject to conveyance of a deed to the County for said easement in lieu of the owners signature on the exemption plat. November A.D. 19 92 GARFIELD COUNTY COMMISSIONERS, COUNTY, COLORADO BOARD OF GARFIELD vote: .4G---_-e X>ztZ " t "--Cnuir / Upon motion duly made and seconded the foregoing Resolution was adopted by the following Chairman Arnold L.ttackley , Aye Commissioner Elmer (euckey) Arbaney Aye Commissioner tttarian I. Smith ,Aye I Br-rot( E4? PtcE99O STATE OF COLORADO ) )ss County of Garfreld ) I, , County Clerk and ex-offrcio Clerk of the Board of County Qqmmissioners, 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 Garfreld County, now in my office. IN WITNESS WHEREOF, I have hereunto set my hand and aflixed the seal of said County, at Glenwood Springs, this day of A.D. l9_. County Clerk and ex-offrcio Clerk of the Board of County Commissioners Boorr t47 rucr991 PROPERTY DESCRIPTION PARrrr' rtNr A parcel of land sltuate in the $Iestl/4 of Sectlon 29, Townshlp 7 South, Merldian, C,arf ield County, Colorado, follor,s: L/2 of the Northeast 1,/4 of the Northlrest Range 87 Idest of the Sixbh Princlpal belng rore partlculary descrlbed as Beglnning at the Northeast Corner of a 0.93 acre parcel as described In Docunent No. 315718 of the records of the C,arfle1d County Clerk and Recorderrs Offlce r.*rence the North Quarter Corner of said Sectlon 29, a found Brass CapL.S. #1120{ ln place bears N.89028r25n8. 1326.91 feet; thence along the North line of sald Section 29 N.89028t26tt8., 558.04 feet; thence leaving sald North Ilne and along the East llne of sald thst L/2,5.02o39r52t'W., 668.80 feet; thence leaving said East llne S.89o25r01rrw. , 637.27 feet to a polnt on the easterly line of said 0.93 acre parcel; thence along sald easterly llne N.00053r03rrE., 668.60 feet to the point of beglnnlng, said lnrcel contalns 9.932 acres, nnre or less. -llY,'!tIrI:--:: '1,,i' ( PROPERTT DES'CRIPTION ADDrrroN TO PgPcnr' ttan A parcel of land situate tn the Southr,,rcst l/4 of Sectlon 20, Townshtp ? South, Range 87 t'Est of the Stxth Prlncipal Merldian, Garfleld County, Coloiado, belngnore partlcularly descrlbed as follor*s: Connencing at a found Brass Cap t.S. *1.1204 ln place for the ouarter CornercoIIrDn with Sectlon 20 and Sectlon 29, thence along the North llne of saldSectlon 29 s.89o28rz5rrw., 558.87 feet to a found reUar and cap L.s. t14111 lnplace for the Northrnest Corner of the East l/2 of the Northeast 1,/4 of theNorthwest L/4 of said Sectlon 29, the ltue Point of Beqinnlnq: thence leavlngsald North llne N.02o39t52rf8., 54.?7 feet to a point on :rn existlng fence ltie(sald fence Ilne also belng described In Docrurent No. 408680 of the records ofthe Garfleld county Clerk and Recorderfs offlce)i thence along sald fence llneand fence llne extended N.89036t47rr9r., 559.5? feet; thence S.OO"S:rO1rgI., 65.07feet to a point of intersection wlth the North llne of sald Sectlon 29 and theEast llne of a parcel of land as described ln Docunent No. 315718 of therecords of said Garfleld County Clerk and Recorderts Office; thence along theNorth llne of sald SecElon 29 N.89o28'25rt8., 658.04 feet to the True polnt ofBeqlnnlnq, sald parcel conEalns 0.906 acres, nDre or ress. PAltLlr:r. ttBtt A parcel of land sltuate - the Westl/4 of Section 29, Tor+nship ? South,Herldlan, Garfleld County, Colorado, follor,*s: B{rox 847 PlcE992 L/2 of the Northeast -, I of the Northr.rest Range 87 tGst of the Sixth prlnclgnl belng unre particulrly descrlbed as Correnclng at the North Ouarter Corner of said Section 29, rfience a Brass CapL.S. *11204 fotmd In place; thence along the North Ilne of the Northr,cst 1,/4 ofthe Northr+est t/4 of said Section 29 S.ggoZg'25'rt^I. 1326.91 feet to theNortheast Corner of a 0.93 acres parcel as descrlbed In Docunent'No. 315718 ofthe Garf1eld County Clerk and Recorderrs Offlce; thence along lhs E':sfsrly llneof sald 0.93 acres parcel s.00o53t03nw., 658.50 feet to the irue point ofBeqlnninq: thence leavlng said easterly IIne N.89o25ro1r'8., d.2z feeE to apoint on the East line of sald ltest L/2 of the Northeast L/4 of of theNorthwest 1,/4; thence arong said East llne s.o2o39rs2rw., 66g.60 feet to apolnt on the South }lne of sald lSest L/2, sald South Ilne also belng the Northllne of Sun Mesa PUD; thence along said South line S.89021f33,'hI. , Sit 52 feetto the Southwest Corner of sald l{est L/2; thence along the t$est llne of saldhlest L/2 N.02o45r28r'8., 66.34 feet to the Southr^rest Corner of sald 0.93 acres1nrcel; thence along the South line of sald 0.93 acres parcel N.89030'11,18.,52.87 feet to the Southrnest Corner of said 0.93 acre parcel; thence along theeasterly line of said 0.93 acres parcel N.00o53r03"8., 602.45 feet to the 1tuePolnt of Beqlrurinq- said parcer contalns 9.695 acres, ltpre or less. 60 FI)cn AccEss, tlrrlrTY AND I'IATERLINE ENiEMEI'IT .**Y ROAD NO. 152A) A strip of land situate in the rtftrst L/2 of the Northeast L/4 of the Northwest L/4 of Section 29, Township ? south, Range 87 glest of the slxth Princlpal Meridlan, Garfield county, colorado, the perlneter of r^rtrlch ls descrlbed as follotnrs: Beginning at a point on the North llne of said lbst L/2, *nence the North Ouarter Corner of sald Sectlon 29, a found Brass Cap, L'S' *11204 ln place bears N.B9o28r25rrE. , 1266.89 feet; thence leavlng said North llne S.00o53'03ifw., LZLI.43 feet to the beglnnlng of a non-tangent curve to the right having a radius of 50 feet; thence 1?5.31 feet along the arc of sald curve (chord bears s.ogoo3r56r'I.r., rrg.28 feet) to a polnt on the south llne of said ttrest L/2, said South line aiso being the North 11ne of Sun Mesa PUD; thence along said south line s.89021r33rtw., 97.00 feet; thence N.39029r{o'rE., 86.45 feet to the Southeast Corner of a 0.93 acre parcel as descrlbed in Docunent No. 315718 of the records of the C'arfield Cor:nty Clerk and Recorderrs office; thence along the easterly line of said 0.93 acres lnrcel N.00053r03trE'r LZ7:.05 feet to the Northeast Coiner of said 0.93 acre parcel; thence N.00053 r O3'rE. , 65.0? f eet; thence S.89035 | 47ttB., 50.55 feet; thence S.07o30r05"8. , 64.73 feet to the polnt of beglnnlng, sald strlp of land contains 2.05 acres, IIDre or less.