HomeMy WebLinkAbout3.0 Resolution 84-77BOOK 648 PAGS``"�`r
STATE 'OF COLORADO ) I ecoid%ii � o`clock! .L_._.I L i�A�i 1 1§84
ss Remotion Pdo,MILDRED ell$®OF4r, �%EC®ODER
County of Garffield ) GAR J-ry.'eORpRADO
At a regular meeting of the Board of County'
Commissioners for Garfield<County, Colorado, held at the Commissioners'
Annex ;in Glenwood Springs on Monday the kph day
of April A'. D. 19 84 , there 'were present
Larry Velasquez , Commissioner Chairman
Flaven'J. Cerise :- _, Commissioner
Eugene "Jim"Drinkhouse , Commissioner
Earl Rhodes , County Attorney
Mildred -Alsdorf, Clerk of the Boar,d
when the following,proceedings, among others were had and doiie, to -wit:'
RE OLUTION NO. 84-77
A RESOLUTION CONCERNED;WI'1H GRANTING AN EXEMPTION FROM THE.GARFIELD COUNTY
SUBDIVISION REGULATIONS FOR WALSTON REALTY CORPORATION.
WHEREAS, Walston Realty`Corporation has petitioned the Board of County
Commissioners of Garfield County, Colorado, `for an exempt'on"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 21 1979, Sections 2.02'. 21
(d) for the division of a' 2.7.76 acre tract described as follows
that .parcel of'land as described in`Book 4.79, Page 458A, as filed in the
Office of the Clerk and.Recorder of Garfield ;County, : Colorado, into 2
tracts of approximately 2.082 acres* and 0.694 acres each, more or less,.
which: proposed dividedtracts are more particularly described as -follows:
Tract 1: `A parcel of land situated in the NE 1/4 SW 1/4 of Section 5,
Township 6 South, Range 89:West of the Sixth Principal Merdian, Goun.ty o
Garfield, State of Colorado; said parcel being more particular-ly described:
as follows.
Commencing at the Southwest -Corner of -Sect ion 35, Township 5 South', Range ,
89 West of`the Sixth Principal,Meridian; thence`S.29027'30"E. 1890.57'-
feet to,a point on the Northerly right-of-way line of U.S. Highway 6 &:24,
being the Southwest Corner of Reception No.' 277075, as filed in the
Garfield County Clerk and Recorder's -office, the True Point of Beginning;
thence leaving said right-of-way line N.01054'30"E. '136.54 feet along the
.westerly line of said Reception No. 277075; thence leaving s'ai-d westerly,
line'S.79.°23'25"E. along an existing 'fence line and fence -line extended
121.61 feet; thence leaving said fence line extended N.10057'22" E. 18`.34
feet to an existing fence line; thence S.79002'38" E. along said fence`
line and fence line extended 93.57'feet; to -a point on the easterly line
of said Reception No. 277075; thence leaving ,said fence line extended.
S.01054'30" W. along said easterly ;line 146.03 feet to -a rebar .and cap
L.S. No. 14111 in place on the Northerly right -of -way -line of said
highway, also .being the southeasterly corner of said Reception No. 277075.
thence N.81136'30"W. .along said right-of-way line and said southerly line
216.88 feet to the True Point of Begirining; said parcel 'contains ,0 .694 ;
acres, more or Less.
Together with 20.00 foot water line easements over and across Parcel 2
being 10.00 feet to each side of centerline of -existing water lines in:
place.
BOOK 648 PAGES78
60QK64S.FAuS79
Together with 32.83 shares of the Mitchell -Cooper Ditch and Pipeline
Company.
Together with 20.00 foot sanitary sewer easements over and across.Parce
1, 10.00 feet to each side of. centerline of existing sewer lines"in place.
Subject to 20.00 foot water line easements over and across Parcel _2, for
Parcel 1 being 10.00 feet to each side of centerline of existing lines" -in"
place:
( in the State of Colorado and County of Garfield); and
WHEREAS, the Petiticners have demonstrated to the satisfaction"of the
Board of County Commissioners of Garfield County-,-Colorado,-that the
propose"d division does' not fall within the purposes of Part 1, Article 28,
Title 30, Colora6o Revised Statutes 1973, as amended, for the -reason that
the impact created does not warrant further subdivision review, and
WHEREAS', the Petitioners have demonstrated to the satisfaction of the
Board of County Commissioners of; Garfield Coui-ity, Colorado, that there is
domestic water on each of said tracts,, that there is adequate ingress and
egress to said tracts, that the requested -division is: not part of an
existing ar.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 an'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`"1"
and "2" from the above described 2.776 acre tract is hereby
exempted from such definitions -and 'said` tract may. be divided .into tracts
"l".and 72", all as is more fully -'described above, and saic; divided tract
may be " conveyed inthe form of such smaller tracts without further
compliance with the'aforesaid subdivisi-'on statutes and regulations';
provided, however, that this exemption -is granted on the condition and
with the express understanding and agreement of the Petitioner(s) that no
further exemptions be allowed on said tracts "1" and "2", and that a crpy
of the instrument or instruments of conveyance when recorded shall be
filed with this Resolution.
Dated this 30th day of _ April , A.D. 1988.
THE BOARD OF COUNTY COMMISSIONERS
OF GARFIELD COUNTY, COLORADO..
By:
ATTEST: L�i
Cle k- of the Board
of County Commissione s
Garfield County, Colorado