HomeMy WebLinkAbout5.0 Resolution 96-82•
502573 B-1003 P-824 12/20/1996 09:55A PG 1 OF 3 REC
MILDRED ALSDORF GARFIELD COUNTY CLERK AND RECORDER 0.00
STATE OF COLORADO
)ss
County of Garfield
• c.
DOC NOT
At a regular meeting of the Board of County Commissioners for Garfield County,
Colorado, held in the Commissioners' Meeting Room, Garfield County Courthouse, in Glenwood Springs
on Mnnrday , the 16ttbf December A.D. 19 96 , there were present:
Marian I. Smith
Arnold L. Mackley
Elmer (Buckey) Arbaney
Don DeFord
Mildred Alsdorf
Chuck Deschenes
, Commissioner Chairman
, Commissioner
, Commissioner
, County Attorney
, Clerk of the Board
, County Administrator
when the following proceedings, among others were had and done, to -wit:
RESOLUTION NO. 96-82
A RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE GARFIELD
COUNTY SUBDIVISION REGULATIONS FOR BRANNAN PROPERTIES, INC.
WHEREAS, BRANNAN PROPERTIES, INC. 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 21.27 acre
tract as described in Book 422 at Page 581, as filed in the Offices of the Clerk and Recorder of Garfield
County, Colorado, into three (3) tracts of approximately 3.48, 8.56, and 9.23 acres each, with the exemption
parcels more practically as follows:
Lot 1
Lot 2
Lot 3
See Attached Exhibit A
See Attached Exhibit A
See Attached Exhibit A
(in the State of Colorado and the County of Garfield); and
WHEREAS, the Petitioners have demonstrated to the satisfaction 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 division
does not warrant further subdivision review; and
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WHEREAS, the Petitioners have 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 lots , that there is existing ingress and egress to said parcels, that the location of septic
tanks will be permitted by the Colorado Department of Health, that 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; and
NOW THEREFORE, BE IT RESOLVED that the division of the above described 21.27 acre parcel
is hereby exempted from such definitions and may be conveyed in the form of the Lot "1 ", Lot "2" and Lot
"3" as are more fully described above and that a copy of the instrument or instruments of conveyance when
recorded shall be filed with this Resolution.
Dated this 19th day of December
ATTEST:
Clerk of the Board
, A.D. 19 96
GARFIELD COUNTY BOARD OF
COM IISSIONERS, GARFIELD COUNTY,
COLORADO
Chairman
Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote:
Commissioner Chairman, Marian I Smith
Commissioner Arnold L. Mackley
Commissioner Elmer (Buckey) Arbaney
STATE OF COLORADO
)ss
County of Garfield
, Aye
, Aye
, Aye
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 Proceeding 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
410 411
502573 B-1003 P-826 12/20/1996 09:55A PG 3 OF 3
r440rF44 I Y 1)FSCRIP11011
Tor 1
A TRACT OF 1 AND SITUATED 141 THE SEl/4 OF SECTION 4. IIIWPSIIIr 6 3(10411. RANOF 91 WES1
OF THE SIXTH P.M., COUNTY Of GARFIEI D. STATE OF COI DRAW, SAID TRACT 01 1 AND PF14IG 44(1RF
PARTCIILARLY DESCRIBED AS FOLLOWS;
94014141100 AT A POINT 041 TIF NORRIFRI.,' RIGHT OF WAY Of 001111TY ROAD /1'5 AS 11F5rR144F0
10 DoCIIMFNT RECORDED ID BooK 472 Al PAGE 581 OF RIF. REC0R05 04 SAID (30101r, 10(44 0.111(11
111E SOUTH 1/4 CORNER OF SAID SECTION 4 BEARS S,0075'78 -W 900.66 4E61, snip 5(('I01
1/4 CORNER BEING A STONE MONIIMEN1 101810 111 PLACE.; TIENT Al 1(410 SAID NOR 111FR1 Y RI0111 OF
WAY AS DESCRIBED IN SAID DOCUMENT THE FOLLOWING F0119 (4) 00115565;
1) 5.57'37'53"E. 189.92 FEET;
2 5.57'54'03"E. 163.93 FEET;
3 S.65'33'46'0. 77.57 FEET;
4 S. 81'20'28-4. 37.40 FEET TO DIE CENTERLINE/110W RIF OF GARFIFI I) CREEK. AS 10001E0
BY SURVEY IN 4408044 1996; THEN Al OIG SAID CF N IFRI INF 7T10011116 111E F01l (104(40 1611 (10)
COURSES;
1) 11.41'36'11-W. 36.119 FEET;
2 1.33'44'01"E. 38 56 FEET;
3 0.04'09'08"E. 170.86 FEET;
4 N.3117'21'w. 59.52 FEET;
5 41.53'01'03-W. 112.55 FEET;
6 N 04'08.75-W. 103 68 FEE 1:
7 N.27'39'01 -W. 144.80 FEE 1;
8 44.37-14'02-W. 94 06 FEF T;
9 1.76'53'17-W. 94.81 FEE 1;
10) 14.51'09'2CW. 84 69 FEE 1; TIIFN S 00'27'23"5. 449.74 TEE 1 10 111E rim/11 OF
BEGINNING.
SAID TRACT OF LAND 0014 TAINS 3.48 ACRES OR 151,716 50)(ARF IFF 1 A5 045(:4)14441)
TOGETHER WITH AND SUR.IEC4 1(1 FASFMEN TS AS SHOWN ON 111E 844.5011014 SURI(IV1SION FYFur110N
MAT N0. 1.
PROPERTY DESCRIPTION
104 2
A TRACT OF LAM) SITUATED 111 THE SE1/4 OF SECTION 4, TOW151110 6 30)1114, RA1100 9) WF ST
OF THE SIXTH P.A4., COUNTY OF GAREIFLD, STATE OF 001.00000, SAID TRACT OF 1AND 19F1110 4405E
PARTICULARLY DESCRIBED AS 6014 ()WS;
BEGINNING AT A r0141T 041 DIE NOR TIFRLY RIGHT OF WAY Of COMITY ROAD /315 AS DESCRIPED
IN DOCUMENT RECORDED 1(l BOOK 422 AT PAGE 581 OF THE RECORDS of SAID C01141 TY, FROM 004101
146 SOUTH 1/4 CORNER OF SAID SEC 11041 4 BEARS S.33"21'52'0. 124607 EF 1, 501)1 5((11441
1/4 CORNER BEING A STONE 1.40)40446411 F0(1110 IN 01 ACF; 11161 AI 0110 SAID N(1R 11 TERI.5 RI0441 OF
WAY AS DESCRIBED IN SAID DOCUMENT THE FOLL OWING SIX (6) (01)0545:
1) S.71'34'24"W. 39.27 FEET;
2 5.59'34'57"W. 63.54 FEET;
3 5.20'52'05-W. 89.61 FEE 1;
4 5.2113'01-W. 77.73 FEET;
5 5.55'06'04-W. 134.74 FEET;
6 41.81'20'28-W. 8.56 FEF 1 TO THE 04111FRI INF/FLOW41NF of GARETF10 (:0FFK A5 10(A IF!)
BY SURVEY IN MARCH 1996; 1114.44 AI ONIG SAID 064/1601106 /Howl INF 111E TOtiowIIIG 1411 (10)
COURSES;
1) 41.41'36'11-W. 36.89 FEET;
2 N.33'44'01"E. 38.58 FEET;
3 N.04"09'08"E. 120.86 FEE 1;
4 41.37'37'21-W. 59.52 FEE 1;
5 0.53'01'03"W. 112.55 FEET;
6 11.04'08'25"W. 103.68 FEE 1;
7 £1.27'39'01-W. 144.80 HET;
8 41.3714'02-W. 94.06 FEET;
9 N.76'5317W. 94.81 FEET;
10) 14.51'09'26-W. 84.69 FEET; 111E14 41.00'27.23-W. 554.24 FEE TO 4114 CEN TERIINF OF
THE COLORADO RIVER AS DESCRIBED IN SAID DOCUMENT; 01E44 Al ONO SAID CEr11FR1.1416
5.61'26'03"E. 517.99 FEET; THEN DEPARTING SAID (:41111=81)114 S.001)0'00 -W. 351.47
FEET; THEN 5.3304'23"E. 423.32 FEET 10 TIE POINT OF PF 01)0111(:.
SAID TRACT OF (.ACID CON TAINS 8.56 ACRES OR 372,667 50UARF 6FF1 AS OFSCRIRFD.
TOGETHER WITH AN0 SUBJECT TO EASEMENTS AS SHOWN 041 111E RR0014011 5111(01\95101 YEW' 11011
01 AT NO. 1.
PROPERTY DESCRIPTION
LOT 3
A TRACT OF AND SITUATED IN 111E SE1/4 OF SFC00N 4, T((WIISNIP 6 SOU Ili, 8011(0. 91 WFS1
OF THE SIXTH P.M., COUNTY OF OAREIF10, STATE OF COI ()0000, SAID TRACT of 1 AND PEING MORE
PAR TCI ILARLY DESCRIBED AS 004 LOWS;
PP -MINING AT A roan ON THE NOR DIFRLY RIGHT OF WAY (0 C011111Y ROAD /415 AS DF5(RIRFD
111 DOCUMENT RECORDED IN ROOK 422 A PACE 581 OF THE 841:0803 OF SAID CO111111% FROM *111014
THE SOII111 1/4 CORNER 01 SAID SECTION 4 BEARS 5..13'71'52-W. 1745 07 FFE1, SAID 5(141111
1/4 C0RtIER KING A STONE 1.10411810441 FOUND 141 r1 ACE; 114611 ALONG SAID NORTHERLY 9)0111 OF
WAY AS DESCRIBED IN SATO 000UME(IT 41.71'34.24-E. 14.73 TEE( AND 11 7476'44'E. 628.31 (FET; T11E44
41.01'02'59"E. 474.10 FEET TO TI0 CENTERLINE OF nIE 001 000110 RIVER AS 1(6501(14440 IN SAID ODCUMFNf;
THEN ALONG. SAID CENTERLINE THE TOT LOWING 40419 (4) COURSES;
1) S.7515'23 -W. 197.81 FFE T;
2 S.85'30'56"W. 255.78 FEET;
3 41.67'39'34-W. 394.67 FEE 1;
4 41.61'26'03-W. 59.76 FEET; MEN DEPAR TING SAID CENTER( INE 5.0n'0n'Rn"w 351.4/
FEET; THEN S.31'04'2.3 -E. 473.32 FEET TO 111E POINT or PEG1NN1r1G.
SAID TRACT OF 1ANO CONTAINS 9.23 ACRES OR 407,034 5011ARF F1F1 05 0F5(R44440.
' • •
GARFIELD COUNTY
Building and. Planning
March 12, 1996
Faye B. Faas
214 8th St., Suite 300
Glenwood Springs, CO 81601
RE: Subdivision Exemption Conditions of Approval
Dear Ms. Faas:
On March 12, 1996, the Board of County Commissioners conditionally approved your request for a
subdivision exemption for property located approximately 1.5 miles southwest of New Castle. The
approval was subject to the filing of an exemption plat and completion of the following conditions:
1. All representations of the applicant, either within the application or stated at the
meeting before the Board of County Commissioners, shall be considered conditions of
approval.
2. A Final Exemption Plat shall be submitted, indicating the legal description of the
property, dimension and area of the proposed lots, access to a public right-of-way, and
any proposed easements for setbacks, drainage, irrigation, access or utilities.
3. That the applicant shall have 120 days to present a plat to the Commissioners for
signature, from the date of approval of the exemption. The Board may grant extensions
of up to one (1) year from the original date of approval.
4. That the applicant shall submit $200.00, per lot, in School impact Fees for the creation
of all new exemption parcels.
5. That the following plat notes be included:
"The minimum defensible space distance shall be 30 feet on level terrain, plus
appropriate modification to recognize the increased rate of fire spread at sloped sites.
The methodology described in "Determining Safety Zone Dimensions, Wildfire Safety
Guidelines for Rural Homeowners," (Colorado State Forest Service) shall be used to
determine defensible space requirements for the required defensible space within
building envelopes in areas exceeding five (5) percent grade."
109 8th Street, Suite 303 945-8212/285-7972 Glenwood Springs, Colorado 81601
"Upon adoption of road impact fees by the Board of County Commissioners, the Tots
created by this exemption shall be subject to paying the fees, paid at time of building
permit application, paid by the building permit applicant."
"Portions of this property lie within the designated floodplain of Garfield Creek. If any
development is proposed for the area within the designated floodplain, it will be subject
to applicable County, State and Federal review and permitting, which includes the
placement of a waterline in the creek bottom."
"That each parcel will have the following amounts of irrigation water rights included
with the property: Parcel 1 cfs; Parcel 2 cfs; Parcel 3 cfs."
6. The applicant drill a well meeting the following criteria for demonstrating the quality,
quantity and dependability of a well or a shared well system, prior to any plat being
signed:
1) A well be drilled and a 24 hour pump test shall be performed;
2) The applicant supply, to the Planning Department, the well completion report
demonstrating the depth of the well, the characteristics of the aquifer and the
static water level;
3) The results of the 24 hour pump test indicating the pumping rate in gallons per
minute and information showing drawdown and recharge shall be submitted to
the Planning Department;
4) A written opinion of the person conducting the well test that this well would be
adequate to supply water to the number of proposed lots and be submitted to the
Planning Department;
5) An assumption of an average of no less than 3.5 people per dwelling unit, using
100 gallons of water per person, per day;
6) If the well is to be shared, the provision for individual water storage tanks of
no less than 1000 gallons for each proposed lot (required at time of building
permit application);
7) A discussion of the mechanical components of the shared well system to include
the pump, water supply line, storage tank and other components (for shared well
systems);
8) A legal, well sharing agreement which discusses all easements and costs
associated with the operation and maintenance of the system and who will be
responsible for paying these costs and how assessments will be made (for shared
well systems);
9) The water quality be tested by an approved testing laboratory and meet State
guidelines concerning bacteria and nitrates.
It will also be necessary to have a 20 ft. square easement around the well and a ten (10)
ft. wide maintenance and repair easement for a waterline to each of the new lots from
the well site easement.
• •
7. The applicant shall receive any necessary driveway permits for each lot created, or a
letter from the County Road and Bridge Department stating that the lots have legal
access presently, prior to signing of an exemption plat.
8. The control of noxious weeds shall be the responsibility of the landowner.
9. That a letter be submitted to the Planning Department from the Burning Mountain Fire
District, prior to the signing of an exemption plat.
If you have any questions regarding these conditions or the exemption plat, do not hesitate to call.
Mark. L. Bean, Director
Building & Planning Department