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Home My WebLink About3.0 Resolution 82-310STATE OF COLORADO COUNTY OF GARFIELD ) Ss. Boa .614r.mJ qsi23. Recorded at L 'C{_• o'cl^cue p M; J C 2 198? Reception No. 335138 lr': L . .? ALSDCRF, RECORDER At a regular meeting of the Board of County Commis- sioners for Garfield County, Colorado, held at the Commissioner's offices in Glenwood Springs on Monday , the 13th day of December , A.D., 19 82 , there were present: Flaven J. Cerise , Commissioner Chairman Eugene "Jim" Drinkhouse , Commissioner Larry Velasquez Earl Rhodes. Mildred Alsdorf Commissioner County Attorney Clerk of the Board, when the following proceedings, among others, were had and done, to -wit: RESOLUTION NO. 82-310 A RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE GARFTELD COUNTY SUBDIVISION REGULATIONS FOR JAMES R. BROWN, CHARLES R. BROWN, GLYNN R. AVERETT and J. W. "RED" WILSON. WHEREAS, James R. Brown, Charles R. Brown, Glynn R. Averett and J. W. "Red" Wilson have petitioned the Board of County Com- missioners of Garfield County, Colorado, for an exemption from the terms "subdivision" and "subdivided land" under C.R.S. 1973, 30-28-101 (10) (a) -(d), as amended, and the Subdivision Regula- tions of Garfield County, Colorado, adopted January 2, 1979, Sections 2.02.21(d) and 3.02.01, for the division of a 160 acre tract described as follows: that parcel of land as described in Book 489, Page 686, as filed in the Office of the Clerk and Recorder of Garfield County, Colorado, into three tracts of 5, 30 and 125 acres each, more or less, which proposed divided tracts are more particuarly described as follows: TRACT A: A tract of land in the 3E1/4 NW1/4 of Section 10, Township 8 South, Range '98 West of the 6th P.M., more particularly described as: Beginning at the Northeast corner of said SE1/4 NW1/4; thence S00°05' 05"W 729.80 feet along the East line of said SE1/4 NW1/4; thence S89°50'50"W 298.34 feet; thence N00°04' 09"E 729.80 feet to the North line of said SE1/4 NW1/4; thence N89°50'50"E 298.54 feet along said North line tc the point of beginning, and containing 5.00 acr::s, more or less. .(All bearings in this deription are rela- tive to the North line of saia Section 10 being called N89°58'W, a brass cap in place for the Northwest corner of said Section 10 and a post in mound of rocks for the Northeast corner of said Section 10.) TOGETHER WITH a 50 foot wide easement for the right of ingress and egress over that certain road, from the foregoing described real property to X-5 Road (a/k/a the Dry Fork Road), as said road is in place and being used, said easement being situate in SE1/4 NW1/4 of Section 10, Township 8 South, Range 98 West of the 6th P.M.; BoOK 61:4:p.t162 TOGETHER WITH a proportionate interest in and to any and all water and water rights, ditches and' ditch rights thereto appertaining, including, but not exclusively limited to, .042 cfs from The Bowen Well No. 1, which has an absolute water right for 1.32 cubic feet of water per second of time with appropriation date of July 12, 1965, as awarded in Case No. W-1231, November 30, 1972 in Water Division No. 5, State of Colorado. Said Well is located in the SE1/4 NW1/4, Section 10, Township 8 South, Range 98 West, 6th P.M., at a point 1840 feet East of the West line and 2060 feet South of the North line of said Section 10 Garfield County, Colorado. TOGETHER WITH an easement for maintenance of an existing pipeline from the above described real property to the above described Well, said ease- ment being situate in the SE1/4 NW1/4 of Section 10, .Township 8 South, Range 98 West of the 6th P.M. TRACT B: A tract of land in the NE1/4 SE1/4 of Section 10, Township 8 South, Range 98 West of the 6th P.M., more particularly described as follows: Beginning at the Northeast corner of said NE1/4 SE1/4; thence S00°12'13"W 1305.31 feet along the East line of said NE1/4 SE1/4 to the Southeast corner of said NE1/4 SE1/4; thence S89°28'55"W 1016.34 feet along the South line of said NE1/4 SE1/4; thence N00°12108"E 1308.49 feet to the North line of said NE1/4 SE1/4; thence N89°39'40"E 1016.34 feet along said North line to the point of beginning, and containing 30.49 acres more or less. (All bearings in this description are rela- tive to the North line of said Section 10 being called N89°58'W, a brass cap in place for the Northwest corner of said Section 10 and a post in mound of rocks for the Northeast corner of said Section 10.) TOGETHER WITH a proportionate interest in and to any and all water and water rights, ditches and ditch rights thereto appertaining, including, but not exclusively limited to, .256 cfs from The Bowen Well No. 1, which has an absolute water right for 1.32 cubic feet of water per second of time with appropriation date of July 12, 1965, as awarded in Case No. W-1231, November 30, 1972 in Water Division No. 5, State of Colorado. Said Well is located in the SE1/4 NW1/4, Section 10, Township 8 South, Range 98 West, 6th P.M., at a point 1840 feet East of the West line and 2060 feet South of the N..rth line of said Section 10, Garfield County, Colorado. TRACT C: The remaining 125 acres. WHEREAS, the Petitioners have demonstrated to the satisfac- tion 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 impact created does not warrant further subdivision review; and WHEREAS, the Petitioners have demonstrated to'the satisfac- tion of the Board of County Commissioners of Garfield County,. Colorado, that there is a reasonable probability of locating domesitc 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, 2 Bar, 6 4 G.f 25 .hat 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, 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 160 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 futher 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 Petitioners that no further exemptions be allowed on said tract "A", and that a copy of the instrument or instruments of conveyance. when recorded shall be filed with this Resolution. ATTEST: 7'%(? 1 ( Clerk of the Biard BOARD OF COUNTY C PMMISSIONERS GARFIELD COUNTY, CO�LORAIPO /- '1 • airman Pro ''Te Upon motion duly mad'" -and seconded the foregoing Resolution was adopted by the follo.ing vot.` Aye Chairman Pro Tem;, Flaven . Cerise �� Aye- Absent. STATE OF COLORADO COUNTY OF GARFIELD ) ss. Commissioners I, , County Clerk and ex-offcio Clerk of the Board of County Commissioners in and for the County and State aforesaid do hereby certify that the annexed and fore- going 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 hay. hereunto.set my hand and affixed the seal of said County, at Glenwood Springs, this day of , A.D. 19 County Clerk' ad ex-offcio Clerk of the Board 'of County Commissioners.