HomeMy WebLinkAbout3.0 Resolution 82-18STATE OF COLORADO
County of Garfield
BOOK 590 mt955
ss. Recorded at 0: V o'clock A M. JAN 1 9 1982
Reception No. 323817 MILDRED ALSDORF, RECORDER
At a
regular
meeting of th2,Boazd of County Commissioners for Garfield County, Colorado,
held at the Court House in Glenwood Springs on' Monday, 3 , , the 11$ tJ L day of
January A. D. 19 82 , -
there dreie'present: '
Flaven J. CeriseCommissioner Chairman
Eugene Drinkhous e , Commissioner
Larry ;'JeIas uez
'Earl: �i. Ribes commissioner
, County Attorney
Leanne Cleland, Deputy , Clerk of the Board
when the following proceedings, among others were had and done, to -wit:
RESOLUTION NO. 82-18
A RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE GARFIELD COUNTY SUBDIVISION
REGULATIONS FOR Sharron Rose.
WHEREAS, Sharron Rose has 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 January 2, 1979,
Sections 2.02.21 (d) and 3.02.01 for the division of a 8.91 acre tract described as
follows: that parcel of land as described in Document No. 302700 as filed in the
Office of the Clerk and Recorder of Garfield County, Colorado into 3 tracts of
approximately 4.11, 2.46 and 2.34 acres each,- more or less, which proposed divided
tracts are more particularly described as follows:'
TRACT A: A tract of land situated in Sections 35 and 36, Township 6 South, Range 89
West of the 6th Principal Meridian and in Section 1, Township 7 South,
Range 89 West of the 6th Principal Meridian, being more particularly,
described as follows:
With reference to the North line of said Section 1, Township 6 South,
Range .89 West of the 6th Principal Meridian, which has a bearing of
N.89°1'00"W; thence from the Northwest corner of said Section 1,
a bearing of S.56°33'E, a distance of 539.78 feet to the true point
of beginning; thence N.62°23'W, a distance of 21.63 feet; thence
N.30°06'W, a distance of 300.10 feet; thence N.28°55'W, a distance
of 573.60 feet; thence N.31°45'E, a distance of 56.99 feet to a point
in the center of the Roaring Fork River; thence S.27°53'E, a distance
of 232.50 feet along center of said river; thence S.37°39'E, a distance
of 249.81 feet along center of said river; thence S.55°37'E, a distance
of 167.22 feet along center of said river; thence S.62°09'E, a distance
of 224.99 feet along center of said river; thence S.68°37'E, a distance
of 156.70 feet along center of said river; thence S.74°07'E, a distance
of 111.24 feet along center of said river; thence S.37°20'W, a distance
of 331.12 feet; thence N.63°39'W, a distance of 60.78 feet; thence
N.59°12'W, a distance of 208.21 feet to the true point of beginning
containing 4.11 acres, more or less.
TRACT B: A tract of land situated in the NWS Section 1, Township 7 South, Range 89_
West of the 6th Principal Meridian being more particularly described
as follows:
With reference to the North line of such NW', which has a bearing of
N.89°51'00"W, thence from Northwest corner of such NW1, a bearing of
S.56°331E, a distance of 539.78 feet; thence S.59°12'E, a distance of
208.21 feet; thence S.63°39'E, a distance of 60.78 feet to the true point
of beginning; thence N.37°20'E, a.distance of 331.12 feet to a point
in the center of the Roaring Fork River; thence S.74°07'E, a distance
of 37.46 along such center of river; thence S.57°42'30"E, a distance
of 121.73 feet along such center of river; thence S.61°43'E, a distance
of 173.92 feet along such center of river; thence S.37°201W, a distance
of 319.24 feet; thence N.63°39'W, a distance of 334.00 feet to the true
point of beginning, containing 2.46 acres, more or less.
TRACT C: A tract of land situated in the NWS Section 1, Township 7 South, Range 89
West of the 6th Principal Meridian being more particularly described
as follows:
r
Bn;�h. 590 F'GE9J
With reference to the North line of such NWS, which has a bearing
of N.89°51'00"W; thence from Northwest corner of such NWS, a
bearing of S.56°33'E, a distance of 539.78; thence S.59°12'E, F;
a distance of 208.21 feet; thence S.63°39'E, a distance of 394.78
feet to the true point of beginning; thence N.37°20'E, a distance
of 319.24 feet to a point in the center of the Roaring Fork River;
thence,S.61°43'E, a distance of. 41.84 feet along such center of:
the river; thence S.60°23'E, a distance of 289.18 feet along stick
center of river; thence S.37°20'W, a distance of 301.02 feet; thence
N.63°39"W, a distance of 334 feet to the true point of beginning,
containing 2.34 acres more or less.
(in the State of Colorado and 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 cbithin the purposes of Part 1, Article 28, Title 30, Colorado
Revised Statutes 1973, as amended, for the reason that the impact created 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 tracts, that there is
adequate ingress and egress to said tracts, that the location of septic tanks will
be permitted by the Colorado Department of Health, that the requested division is
no 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
tracts "A",_ "B", and "C" from the above described 8.91 acre tract is hereby exempted
from such definitions and said tract may be divided into tracts "A", "B", and "C",
all as is more fully described above,and said divided tract may be conveyed in the
form of such smaller tracts without further compliance with the aforesaid subdivision
statutes and regulations; provided, however, that this exemption is granted on the
condition and with the express understanding and agreement of the Petitioner that
no further exemptions be allowed on said tracts "A", "B", and "C", and that a copy
of the instrument or instruments of conveyance when recorded 'shall be filed with
this Resolution, and further, that the building sites (lots) are rip -rapped; that
the Building Department receive engineering plans for the rip -rapping prior to
issuance of the building permits; that the building sites be located as near to the
road as possible; that the buildings must be at least one foot above the 100 year
floodplain, as specified in the Garfield County Zoning Regulations; and that the
applicant must submit $200.00 per new'lot in school assessment fees and $200.00 per•
new lot in bridge improvement fees prior to issuance of the resolution.
ATTEST:
ty Clerk of the Board
BOARD OF COUNTY COMMISSIONERS
GARFIELD COUNTY, COLORADO
Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote:
Fiaven J. Cerise Aye
Eugene Drinkhouse
Larry Velasquez
STATE OF COLORADO
County of Garfield
Aye
Aye
•
Commissioners
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.