HomeMy WebLinkAbout4.0 Resolution Amending 82-54i'L
STATE OF COLORADO
)I ss-
County of Garfield I
et a.............f.9.-g-Y1g.I....... ...n-le-eting of the Board of County Commissioners for Garfield County, Colorado,
.............4p.r.i1........................A. D. I9...8.2..... , there were present:
.....81.aff9n....J.......Cg.r.is.g.............. , commissioner chairman
....8.u9e.n.e....D.rinkho.use........... , commissioner
.....L.a.rry....Ye.Iasq.ue.2................. , commissioner
....H.a.r.L...G.,.....Rh.o.de.s..................... , county Atto::ney
.....t e.ann.e....C.Le. 1 4n. d.,.... De.p.u.[y................, crerk or the Board
when the following proceedings, among others were had and done, to-wit: 1t82 - 7 5
A IiESOI,UTION CONCERNED WIT]I A}{ENDING RESOI,UTION I]O. 82.54,
WHEREAS, the Board of
rrdoyrtcd its ResoluLion No.
of land in Sections 4 & 9,
and
WllllltEAs, the Board has
rL,sl)e(its, in error,
County Commissioners, upon appllcat_Lon of Elizaberh Terre11,
82-54, granting certain exemptions to the proposed division
Township 6 South, Range 92 West of the 6th Principal Meridian,
been .rdvised that i ts Itesolution No . 82-54 1s , in cer:tain
NOW, THEREFORE BE IT RESOLVED that this Boardrs Resolution No. 82-54 be and herebyis amernded to read in its enLirety as follows:
A ]{[SO],UTION CONCERNED WITI-I GIiANT]NG AN EXEMPTION FROM THN (]AR.]TIELD COLTNTY SUB]]IVISlON
I{IiGULATIONS FOR ELIZABETII TERRELL.
LilIEI{EAS, Elizabeth Terrell has petitioned the Boar<l of County Commissioners of(iirrl-ic ld County, Colorado, for an exemption f ron tlie def inition of the terms
"sirbdjvision" and "subdivided land" under c.R.s. L973, 30-28-t0i (10) (a)-(d), as
;rmt:ttded, and the Subdlvision Regulations of Garfield CounLy, Colorado, adopted January'), 1979, Sections 2,02.0L (d) and 3.02.01 for Lhe division of a 22.39 acre rracrtlescribed as fol lows: that parcel of land as described in Document No . 269078, and
r;ubsecluent correction deed, I)ocument No. as f1led in the Off1ce of the Clerk and
l(ct:rrrder of Garf ield County, Colorado into 3 tracts of approximately 11,87 , 10.52, and
. (ll ilcrcs each, more or 1ess, lvhich proposed divided tritcts ar€l more particularly
tlt,sc Li bed as f olLows :
't'rtAC'i' A:A parcel of land s; ituated in an" 51rr14SE1-u of Section 4 and the Nrl%liUL of
Section 9, al-l in Township 6 South, llange 92 l^/erst of the Sixth Principall'leridlan, Garfield county, colorado, lying Northerly of the Northerlyright-of-way line of U.s. lllghway 6 & 24, and souther'ly of a fence as
nov/ constructed and ir-r p1ace, said parccl of land is more ful1y describerclas follows:
Beginning at the Quarter Corner cortrnon to said Section 4 and 9, whencethe southeast corner of said Section 4 bears;: N.89o14r35"8. 2637.29
f eet ; thence N. 00"31 r 52"w. 286 .7 B f eet along the l^Jest Line of said
sI{%Sl],il thence s.86"47'I5"E . 128.92 f eet arong said f'ence line; thencesouth 731.84 feet to a point on said right-of-way line; thence alongsaid right-of-rvay line, 230.43 feet along tire arc of a curve to theright, having a riidius of 5595.785 feer, the chord of which bears:
N.86"3l'47"\1. nA.42 feet; thence N.85,21r00,'i.]. 148.25 feet; thenceN.04'39'00"8. 40.00 f eet; thence N.85.2l'00,'w. 341 .96 f eet to a point
on the west line of said NWkNEt; thence leaving said right-of-way line,
N.00'32'42"\1. along rhe west line of said y;}-uNE%, 397.90 feer to thepoint of beginning, containing 1I.87 acres, more or 1ess.
Ttre above described parcel of land is subject to utility, road and ditch
easements and/or rights-of-way of record. The bearin.g was established
from the Town of silt, colorado street survey Monuments along Grancl
Avenue being N. 89'46'40"E.
A parcel of land situated 1n the NlzNEra of Section 9, and the S\SEL+ of Section
4, all in Township 6 Soutl'r, Range 92 West of the Sixth Principal I'{eridian,
Garfleld county, colorado, lying h'esterry, Southerly, and adjacent to the TARA
SIIBDIVISION PUD in the Town of Silt, Colorado, tr'Iesterly and adjacent ro the
Kruger Subdivision, both as filed 1n the Garfield County, Colorado records,
and l,lortherly of the Northerly right-of-way line of u.s. Highway 6 & 24, saidparcel of land is more fully described as follows:
]]IilC I B :
Beginning at a point on the Norttrerly right-of-way line of said highway,
whence the Northeast Corner of saicl Section 9, also being a Street Survey
Monument at North FirsL Street and Grand Avenue in the Town of Silt, Colorado,
bears: N.74"35'47"8. 1983.18 feet; thence NORT'I{ 737.84 feet; thence
S.86'47'15"E. 599.59 feet to a point on the l^lesterly line of said TARA
SUBDIVISION; thence S.00'35'00"in1. (record S.00'45'00"W.) 68.66 feet along
sald TARr\ SUBDTVTSTQN: rhence S.00"28'00"w. (re-cord S.00'38'00"w.) 481.75
feer along said TARA SUBDIVISION; thence S.B9'32'00"E. (record 5.89"22'00"8.)
along said TARA SUBDIVISION, 160.60 feet to a point on said Kruger Subdivision;
thence S.00"28'00"W. (record S.00'38'00"i'1.) along said Kruger Subdlvision,
157.87 feet to a point on the Norther:1.y right*of-way line of said highway;
thence, along said right-of-way 1ine, N.89"54'30"I{. 538. 65 feet; thence
214.76 feet along the arc of a curve to the rlght, having a radius of
5595.785 feet, the chord of which bears: N.BB"48'32"W. 214.74 feet to the
point of beginning, containing 10.50 acres, more or less.
,IIIACT C:A strip of land situated ln an.51'l14NEl of Section 9, Township 6 South,
Range 92 West of the Sixth Principal Meridian, GarfieLd County, Colorado,
lying Westerly of the East line of said lfidzNE% as established by a
Section split-out of said Section 9, and Easterly of the West boundary
line of the Tara Subdivlsion PUD in the Town of Silt, Colorado, as filed
in the Garfield County, Colorado, records, being more fully described
Westerly of the following described fine:
Beginrring at the intersection point on the East l1ne of said N!J%NE!
and the Southerly line of said subdivision, whence the Northeast
Corner of said Section 9 bears: N.74"09'18"E. 1365.92 feet; thence
N.00'43'35"W. along said East line, 186.95 feet, more or less, ro
a point on the West line of said subdivj-sion.
(in the State of Colorado and County of Garfield); and
WHEREAS, the Petitioner has demonstrated to the satisfaction of the Board of
0ttgnt) Commissioners of Carfield County, Colorado, that there is a reasonable
1>robability 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
[y the Colorado Deparfment of Health, that the requested division is not part of an
exisring or larger development and does not fal1 within the general purposes and intent
6f rhe subdivlsion regulaLions of the State of Colorado zrnd the County of Garfield, and
s6ou1d, therefore, be exempted from tl're dfinition of the terms "subdivisiontt and
"subdivided land" as set forth in C.R.S. 1913,30-28-'101 (10) (a)-(d), as amended,
NOW, THEREFORE, BE IT RESOLVED that the division of the above described tracrs"A", "B", and t'Ct', from the above described 22.39 acre tract is hereby exempted fromsuch definitions and said tract may be divided into tracts "Attrt,B", and,tcit, all asis more ful1y described above, and said divided tract may be conveyed in the formof such smaller tracts without further compliance with the aforesaid subdivlsj_onstatutes and regulations; provided, however, that tliis exemption is granted on tirecondition and with the express understandlng and agreement of the petitioner
that no further exemptions be allowed on said tractsttAt', ,,Btt, and,c,,, and thata copy of the instrument or instrunents of conveyance when record.ed shall be filedwith this Resolution.
ATTEST:BOARD OF COUNTY CO}O{ISSIONERS
GARFIELD COUNTY, COLORADO
, ( )^1,''t
Chairman
STATE OF COLORADO
County of Garfield l"
l, .................. ,...., County Clerk and ex-officio Clerk of tle Board of County Commissioners
in and for the County and State aforesaid do hereby certify that the annexed and foregoing Order is ruly copied from the Records oI
the Proceedings of the Board of County Comraissioners for said Garfield County, now in my office.
IN WTNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at Glenwood Springs,
A. D. 19
Courty Clerk and exofficio Clerk of the Board of County Commissioners.
STf,"I a,,-o.Cl :3ADO
,J - r. .rt of Garfield
At a .....................r..et gq].3 f.the Boud of County, Colorado,
19.t............ a"y or
Flarren J. Cerise
whentlre ro,,owins,,";.";::::T;':'l*;lk;t*';3;;;;,,'
ci*:k or
RESOLUTION N0. 82-54
A R-ESOLL]TION CONCERNED I'ITH GFJNTING AN EXE}]PTION }-RT)M THE CARFIELD COUNTY SUMlVlSION
REGULATIONS FOR ELIZABETH TERR.ELL.
hI]EREAS, Elizabeth Terrell l]as petitioned the Board of County Commissioners of
Garfield County, Colorado, for an exemption from the definition of the terms
"subdivision" aird "subdivided 1and" under C.R.S. I973, 30-28-I01 (10) (a)-(d), as
anended, and the Subdivision Regulations of Garfield County, Colorado, sflopted
January 2, lg7g, Sections 2.O2.Ol (d) and 3.02.01 for the division of a 22'39 acre
tract described as follorvs: that parcel of land as descritred in Document No' 269018,
and subsequent correction deed, Document No. as fi-ied in the Office of the
Clerk and Recorder of Garfield County, Colorado into 3 Lr:lcts of appr-oxireately
I1.87, 10.52 and .01 acres each, more or 1ess, t*rhicl-r prc'posed tjivided tracts are
more particularly described as follows:
TRACT A:
IRACT B:
A parcel of land situated in tl-re SI^IZSE% of Section 4, and the 11t]-o$pJ6 of
Section 9, all in Township 6 South, Range 92 l{est of the sixth Principal
Iieridian, Garfield County, Colorado, lylng Northerly of the Northerly
right-of-way li1e of uS Highway 6 & 24, and southerly of a fence as
now constructed and in p1ace, said parcel of land is more fully described
as follows:
Beginning at the Quarter Corner conlnton to said Section 4 and 9, whetrce
the Southeast Corner of said Section 4 bears: N.89"14'35"E' 2637'29
feet; thence N. 00"31 '52"W. 286.7 B feet along the \'Jest line of said
sw\sph; thence s.86'47'15"E. 728.92 feet along said fence line; thence
South 737.84 feet to a point on said right-of-r^ray linel thence, along
said right-of-r"ay line, 230-43 feet along the arc of a curve to the
rlght, havlng a radius of 5595.185 feet, the chord of ivhich bears:
x. ao . 31' 47,,W. 230,42 f eet ; tlrence N. 85'21' 00"1{ . 148.25 f eet I thence
N. 04'39'00"E. 40.00 feet; thence N. 85'21'00"I^l . 341.96 feet to a polnt
on the I{est line of said fir'L.NEL; thence leaving said right-of-r"ay line'
N.00" 321 42"14. al ong tl-ie r,'est lj,ne of .rtd iqltrL.Nli%, 391 .9O f eet to the
poi nt of begi rrni ng, containing I I . B7 acres , rnore or less '
The above descrjbed parcel of land is subject to utility, road and ditch
easements and /or ri gf ts-of-r,'ay of recor:d. Tl-re bearing \das established
from the Town of Siit, Colorado Strc,et Survey ifolunents along Grand Avenue'
being N.89"46'40"E.
A parcel of land situated in the sIfLslU of secti on 4, a1-," 111L5Ef of
Settion 9, a1l in Tovmship 6 South, Range 92 I'Iest of the Sixth ?rincipal
Iferi<lian, lyjng -coutherly of a fence as nol^/ constructed and in place
and as projected EastL'rly, Northerly of the Northerly right-of-";ay line
of US llighway 6 & 24, and l,Iesterly irnd Southerly of the L'esterly and
Southerly boundary lines of the Tara Subclivision P.U.D. in the Tor"n of
Si1t, Colorado, as filed in the Garfield Cc'unty, Colorado records, sald
parcel of land i-s rore fully described as f ol1oru's :
Beginning at a point on the \,lest line of said subdivision, rn'hence the
Southeast Corner of said Section 4, being a Street survey monur;ent at
First Street and Grand Avenue in the To',;n of Si1t, Colorado bears:
S.g2.1gr 13"E. 1325.23 feet; thence S.00'35'00"i\I. (record S.00"45'00"I^/.)
68.66 feet along sald l,Iesterly line; ttrence S.00"28'00"W. (record
S.00'38'00"in1. )481.15 feet along sald \',resterly line; thence S'89'32'00"8'
(record s.89"22'00"E.)160.60 feet along the Southerly line of said
subdivision; thence s.26'56'ZL"E. 8.85 feet; thence s.00'43'35"E. , along
a line 160.60 feet westerly and parallel to the l{est line of said
NELNEk, 150.00 feet to a point on said right-of-i'ray 1inel thence
N.89'54'30"1^l . 545.84 feet a1t-rng said right-of-uay line; thence 214'15
nL-issi or) er
TP.ACT C:
feet ,:1a)ng !i;rid :tt-t'i' '.)' f irt€ ':-rr:rtH ilre tlc I LuIVe to tlre ril'l'it'
ll:.''iirg 3 r.:..]'1 uS cf' 559-5.795, ,,..- .:i'. l-.] .-f 1.1'ip\ l1',.'lt"Si N.88"48'32''W.
214.14 feet; thence North 73l.s4 f.et to a pc'rint ji-t sirid fence line;
thence s.86.47, 15"8. alor.rg s;rid f cnce I i ne 599,59 to the point of be-
ginni ng, containing 10.52 acr:es, rJore or ltss '
A strip of land situated in the NWIiNE% of Sectlon 9, Toi"nshlp 6 South'
Range 92 Wesr of the Slxth Principal )leridian-, Garfield county, colorado'
lying westerly of the East line of said Nwiii{E'4 as established by a
section split-out of sald Section 9, and Easterly of the fiest boundary
line of the Tara Subdivision P.U.D. in the Town of Silt' Colorado' as
filed in the Garfield county, colorarlo recolds, being rnore ful1y
described \rresterly of the following de cribed line'
Beginning at the intersection point of the -I;lst line of said lS{i-4NE'4
and the Southerly line of said subtlivj*.ion, "\)hi'nce the Northeast corner
of said Section 9 bears: N.74"09'18"E. I365.92 feet; thence N'00'43'35"W'
alongsaidEastline,186.g5feet,moreor.l'lss'toapointontheWest
line of said subdivision.
(in the State of Colorado and Coi-trrty of Garfield); and
I^IHEREAS, the Petitioner has demonstrated to the satisfaction of the Board of
Coulty Coiaruissioners of Garfield County, Colorado, that the proposed division does not
fa11 rsithin the purposes of Part 1, Ariicle 28, Tltle 30, Colorado Revised Statutes'
Ig73, as amended, for the reason that the impact creaied doe-s not walrant furtlier
subdivision rerriew of the large parcelsl and the smalier ParceL is solely for the
purpose of adjusting ProPerty boundaries, and
I{HEREAS, the Petitioner has demonstrated to the satisfaction of the Board of
County COnrnissioners of Garfiefd County, Colorado, that there is a reasonable
probability of locating domestic \','ater on each of said tracts' that there is adequate
ingress and egress to said tracts, that the location of sepLic tanks will be
permitted by the colorado Department of llealth, that the requested division
is not part of an existing or larger derzeloPr'ent 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 exeirLpted from the definition of
the terms "subdi.iiision" and "subdivided 1and" as set forth in c'R'S ' 1973' 30-28-10i
(iO) (a)-(d), as amended,
NOw, THEREFORE, BE IT RESOLVED that the division of the above described tracts
il4r, rrBrr, and ,,C,,rfrdm the above described 22.3g acre tlact is hereby exempted from
such definitions and said tract may be divided into tracts "A"' ttBtt' and ttC" all as
is more fully described above, and said divided tract niay be conveyed in the form
of such smaller tracts rvithout further compliance with tlre aforesaid subdivision
statutes and::egulations; prorrided, hor.'ever, that this exenption is granted on the
condition and with the express understanding and agreement of the Petitioner
that no further exen.rptions be al,lorved on said tracl" rr4rr, t'Btt, andttCt', and that
a copy of the instrument or insLruments of cont'eyance 1"hen--recorded sha1l f
ttled
withthisResolution- t /. / /
. - _:-..-;--,_i I i -.. .- f- :./,- _- ! :_,,-
ArrESr: BOARD or couNrv rcoitql?llNE*s
GARFiELD COL|Iiff4 coropano
["
Comrnissioners
County, at Glenwood SPIings'
Board of CountY Corrrmissioners'
INViITNESSYJHEREoF,Ihavehereuntosetmyhalda;:daffixedthesealofsaid
this.................... day of .....-..' .'' , A' D' f 9 """""""
County Clerk and ex-offici,o Clerk of the
rutu/-of the Board
Upon morion durv 5{e;ndrr*?lo C.PiJoregoilg
Resolution *'"' 'o'o:::..:: ::: X;;-"s
vote:
Aye
STATE OF COLORADO
Corinty of Gufield
I, .............'.... ""', County Clerk ald exofficio Clek of the Board of Counfy Comrnissioners
in and for the county and state aforesaid do hereby certify that tie annexed and foregoing order is truly copied from the Records ol
*)e Proceeding of tlre Bcard of County Comrnissioners for said Garfield County, now in my oifice'