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HomeMy WebLinkAbout4.0 Resolution 88-021STATE OF COLORADO )ss County of Garfield Recorded at 0:570 o'clock P AA .4E8 2 4 1988 Reception No. 189Rti3 MILDRED ALSDORF, RECORDER GARFIELD COUNTY, COLORADO BEK 729 P,tsE417 At regular meeting of the Board of County Commissioners for Garfield County, Colorado, held at the Commissioners' Meeting Room at the Garfield county Courthouse in Glenwood Springs on the 22nd day of February A.D. 1988 , there were present: wh .n the Robert Richardson , Commissioner Chairman Marian I. Smith , Commissioner Larry Schmueser , Commissioner Don DeFord , County Attorney Mildred Alsdorf , Clerk of the Board Chuck Deschenese , County Administrator following proceedings, among others were had and done, to -wit: RESOLUTION NO. 88_021 A RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE GARFIELD COUNTY SUBDIVISION REGULATIONS FOR BERT AND SHIRLEY ZANCANELLA WHEREAS, Bert and Shirley Zancanella have 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 April 23, 1984, Section 8:00 through 8:60 and for the division of a 27.6 acre tract as described in Book 248, Pages 36-39, as filed in the Office of the Clerk and Recorder of Garfield County, Colorado, into three tracts of 4.6 acres, 20.9 acres and 2.0 acres, more or less, which proposed divided tracts are more practically described as follows: TRACT A: See attached legal description; Lot 1 TRACT B: See attached legal description; Lot 2 TRACT C: See attached legal description; Lot 3 (in the State of Colorado and the County of Garfield); and WHEREAS, the petitioners have demonstrated to the satisfaction of the Board of County 'ommissioners 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 division does not warrant further subdivision review, and WHEREAS, the Petitioners have demonstrated to the satisfaction of the Board of County Commissioners of Garfield County, Colorado, that there is an existing shared domestic well or central water system available to each of said tracts, that there is existing 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 isnot part of an existing or larger development and does not fall within the general purposes` and intent of tine ---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; BO . 729PAGE S NOW THEREFORE, BE IT RESOLVED that the division of the above described. tracts "A", "B", and "C" from the above descibed 27.6 acre tract is hereby exempted from such definitions and said tract may be divided into said tracts "A", "B", and "C" and may be conveyed in the form of such tracts "A", "B", AND "C", all as is more fully described above and that a copy of the instrument or instruments of conveyance when recorded sha.11'be filed with this Resolution. Dated this 22nd day cz February ATTEST: � 2 Cl'Erk of the Board A.D. 1988. . • GARFIELD CO TY BOARD OF OMM'ISSIONERS GARFI !' s ► , COLOR Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: Rober.t.;Richardson Larry Schmueser Marian I. Smith Aye Aye Aye STATE OF COLORADO ) County of Garfield ) 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 Resolution 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 of the Board of County Commissioners. County Clerk and ex -officio Clerk EXHIBIT A Legal Descriptions LOT 1 729 PArE419 A parcel of land situated in a portion of Lot 1 and Lot 2, Section 5, Township 6 South, Range 89 West of the Sixth Principal Meridian, County of Garfield, State of Colorado; said parcel being .more particularly described as follows: Commencing at the Southeast Corner of Section 35, Township .5 South; Range 89 West of the Sixth Principal Meridian; thence S:89'59'00'W. along the southerly line- of -said Section 35, 1459.22 feet to the -Northeast Cornerof Reception No. 170852, also being a point on the northerly line of said Section 5, the True Point of Beginning; thence S.14'40'30'14. along the easterly line of said Reception No. 170852, 636.39 feet; thence leaving said easterly line. N.55'11'36'W. 380.09 feet; thence N.03'12'57'E. 399.17 feet to a point on the northerly line of said Section 5; thence N.8919'00'E. along said northerly line 450.91 feet to the True Point of Beginning; said parcel containing 4.669 acres, more or less. LOT 2 A parcel of land situated in a portion of Lot 1 , Lot 2• and the NWkSEk,of Section 5, Township 6 South, Range 89 West of the Sixth Principal Meridian, County of Garfield, State of Colorado; said parcel being more particularly, described as follows: Commencing at the Southeast Corner of Section 35, Township 5 South, Range 89 West of the Sixth Principal Meridian; thence S.89'59100'W. along the southerly line of said Section 35, 1459.22 feet to the Northeast Corner of Reception No. 170852, also being a point on the northerly line of said Section 5; thence S.14'40'30'W, along the easterly line of said Reception No. 170852,.636.39 feet; to the True Point of Beginning; thence continuing along said easterly line S.14'40'30'W. 450:17 feet; thence continuing along said easterly line' N.88'10'30'W. 242.30 feet, thence continuing along said easterly line S.01'57'30'W. 520.31 feet; thence leaving said easterly line N.6.1'12'11'W. 591.58 feet to a point in an existing fence line as described in Reception No. 244413; thence N.01'35'01'E. along said fence line 251.69 feet_ to a rebar and cap L.S. 43317 in place; thence continuing along said fence line" N: 33'53'32'E. 296.12 feet to a rebar and cap L.S. 13317 in place; thencecontinuing along said fence N:03'47'44'E: 192.31 feet; thence continuing along said fence N.03'38'32'E. 540.96 feet to a point on the northerly line of said Section 5; thence N.89'59'00'E. along said northerly line 528:72 feet; thence leaving said northerly line S.03'12'51'W. 399.17 feet; -thence S.55'11'36'E. 380.09`feet to the True Point of Beginning; said parcel' containing 20.939 acres, more or less. LOT 3 A parcel of land situated in a portion of the NW>;SEk of Section 5, Township 6 South, Range 89 West of the Sixth Principal Meridian, County of Garfield, State of Colorado; said parcel being more particularly described as follows: Commencing__at the Southeast Corner of Section 35, Township 5 South, Range 89 -,West of:u..-the Sixth-P-incipal Meridian; thence S89 -:59200'W. along the southerly line of said Section 35, 1459.22 feet to the Northeast Corner of Reception No. 170852, also being' a point on the northerly line of said Section 5, thence S.14'40'30'W. along the easterly line of said Reception No. 170852;. 1081:16 feet; thence continuing along said easterly line N.88'10'30'W. 242.30 feet; thence continuing along said easterly line S.01'57'30'W. 520.37 feet to the True Point of Beginning; thence _continuing along said easterly line S.01'57'30'W. 165.23 feet to a point on the northerly right-of-way of County Road 130, a rebar and cap L.S. 112770 in place; thence leaving said easterly line N.61'12'11'W: along said northerly right-of-way 590.36 feet to a point in;. an existing fence line" as described in Reception No. 244413, a rebar and cap L.S. 43311 in place; thence P4 01'35'01'E. along said fence line 165;79 feet; thence leaving said fence line 1..61'12'11'E. 591.58 feet to the True Point of Beginning; said parcel containing 2..000 acres, more or less.