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Home My WebLink About4.0 Resolution 1997-214 STATE OF COLORADO ) )ss County of Garfield ) At a regular hearing of the Board of County Commissioners for Garfield County, Colorado, held in the Commissioners' Meeting Room, Garfield County Courthouse, in Glenwood Springs on Monday , the 7th of April A.D. 19 97 , there were present: Marian 1. Smith John Martin Larry McCown 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. 97-21 A RESOLUTION CONCERNED WITH THE APPROVAL OF A FLOODPLAIN SPECIAL USE PERMIT FOR WAYNE RUDD WHEREAS, the Board of County Commissioners of Garfield County, Colorado, has received application from Wayne Rudd to allow the excavation and placement of fill within the regulated floodplain of the Colorado River on the following described tract of land: See Attached: Exhibit A (in the State of Colorado and the County of Garfield); and WHEREAS, the Board held a public hearing on the 9th day of September, 1996, upon the question of whether the above-described Floodplain Special Use Permit should be granted or denied, at which hearing the public and interested persons were given the opportunity to express their opinions regarding the issuance of said Floodplain Special Use Permit; and WHEREAS, the Board on the basis of substantial competent evidence produced at the aforementioned hearing, has made the following determination of fact: 1. That proper publication and public notice was provided as required by law for the hearing before the Board of County Commissioners. 1111111111111111111111111111111111111111111111111111111 506735 04/08/1997 03:23P B1014 P788 447 1 of 5 R 0.00 0 0.00 N 0.00 GARFIELD COUNTY CLER 2. That the hearing before the Board of County Commissioners was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at that hearing. 3. That the application is in compliance with the Garfield County Zoning Resolution of 1978, as amended. 4. For the above stated and other reasons, the proposed use is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that the Floodplain Special Use Permit be and hereby is authorized permitting the use of the above described tract of land for the excavation and placement of fill within the regulated floodplain of the Colorado River, upon the following specific conditions: 1. That all representations of the applicant, either within the application or stated at the hearing before the Board of County Commissioners, shall be considered conditions of approval. 2. That the Special Use Permit shall be issued when all conditions of approval are met and shall expire 360 days after issuance, unless the operation has commenced, 3. That all construction be in accordance with the engineering specifications and comply with the provision of the Army Corps of Engineers nationwide permits for this type of floodplain/wetland+development. 4. Tlta the compaction of the fill material shall be field verified by the applicant's engineer, as it is being placed, and the engineer shall provide an "as -built" elevation certificate upon completion. 5. That the total cubic amount of fill material placed in the floodplain shall not exceed the total amount of cubic material excavated from the floodplain. 6. That the owner of the tract shall be responsible for the control of all noxious weeds. 7. That the approved hours of hauling operation shall be from 8:00 a.m. to 5:00 p.m., Monday thru Friday. 8. That ingress and egress along County Road 320 shall be maintained at all times. 1 111111 11111 11111111111111111 fin 111111 111 11111 1111 1111 506735 04/08/1997 03:23P 81014 P789 447 2 of 5 R 0.00 D 0.00 N 0.00 GARFIELD COUNTY CLER Dated this 8th day of April ATTEST: , A.D. 19 97 GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFIELD COUNTY, COLORADO Clerk of the Board - r Chairman Upon motiorxuly made and seconded the foregoing Resolution was adopted by the following vote: • 'Commissioner Chairman Marian I. Smith ,Aye - CommisAioner John F. Martin , Aye Commissioner Larry L. McCown ,Aye STATE OF COLORADO ) )ss 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 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 1 IIfII 11111 111111 11111 111111 1111 111111111 11111 1111 1111 506735 04/08/1997 03:23P B1014 P790 447 3 of 5 R 0.00 D 0.00 N 0.00 GARFIELD COUNTY CLER 6-01--1996 1I:09AM40 Rupp CONST. INC. 970 927 Q0 al OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY ALTA COMMITMENT SCHEDULE A f• Our Order # GW220850 THENCE'NORTH 02 DEGREES 07' EAST, ALONG THE LINE BETWEEN THE NEAL AND KRUSE PROPERTIES, A DISTANCE OF 265.0 FEET TO CORNER NO.2; THENCE WEST 240.9 FEET TO CORNER NO. 3; THENCE NORTH 60.0 FEET TO CORNER NO. 4; • THENCE WEST 451.8 FEET, MORE OR LESS, TO CORNER NO. 5, A POINT ON THE! WEST LINE OF SAID KRUSE PROPERTY; THENCE SOUTH 1 DEGREES 11' WEST 328.3 FEET, MORE OR LESS, TO CORNER NO. 6, WHICH IS THE SOUTHWEST CORNER OF SAID KRUSE PROPERTY; THSNCE'ALONG THE SOUTH LINE OF SAID KRUSE PROPERTY NORTH 88 DEGREES 11' EAST, 81.3 FEET TO CORNER NO. 7; THENCE NORTH 89 DEGREES 28' EAST 285.4 FEET TO CORNER NO. 8; THENCE SOUTH 89 DEGREES 40' EAST 322.1 FEET TO CORNER NO. 1, THE THE PLACE OF BEGINNING. PARCEL 13: A TRACT OF LAND IN THE NE1/4SW1/4 AND THE SE1/4NW1/4 OF SECTION 16, T. 6 S., R 93 WEST OF THE 6TH PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: • BEGINNING AT CORNER NO. 1 WHICH IS THE SAME POINT AS CORNER NO. 4 OF THE TRACT DESCRIBED IN DOCUMENT NO. 197345 IN THE RECORDS OF GARFIELD COUNTY, COLORADO, IN BOOK NO. 298 AT PAGE NO. 571, FROM WHICH CORNER THE SOUTH QUARTER CORNER OF SAID SECTION 16 BEARS S. 20 DEGREES 11' E. A DISTANCE OF 2304.2 FEET; THENCE WEST 451.8 FEET TO CORNER NO. 2, THENCE N 1 DEGREES 11' E. 188.65 FEET TO CORNER NO. 3, THENCE N. 41 DEGREES 48" E. 177.88 FEET TO CORNER NO. 4, THENCE N. 55 DEGREES 49' E. 294.95 FEET TO CORNER NO. 5, THENCE S. 8 DEGREES 10' E. 217.38 FEET TO CORNER NO. 6, THENCE S. 85 DEGREES 48' E. 54.5 FEET TO CORNER NO. 7, THENCE SOUTH 267.7 FEET, MORE OR LESS, TO THE PLACE OF BEGINNING. PARCEL C: A TRACT OF LAND IN THE NE1/4SW1/4 OF SECTION 16, TOWNSHIP 6 SOUTH, RANGE 93 WEST OF THE 6TH PRINCIPAL MERIDIAN DESCRIBED AS BEGINNING AT THE SOUTHEAST CORNER #1, WHENCE THE QUARTER CORNER ON THE SOUTH LINE OF THE ABOVE SECTION, BEARS SOUTH 9 DEGREES 16' EAST 2245 FEET, MORE OR LESS, THENCE WEST 460 FEET FOR CORNER #2; THENCE SOUTH 380 FEET FOR CORNER #3; THENCE WEST 484 FEET, TO OLD BANK OF COLORADO RIVER FOR CORNER PAGE 2 11111110111 11111 HMI 308735 04/08/1997 03:23P B1014 P791 447 4 of 5 R 0.00 D 0.00 N 0.00 GARFIELD COUNTY CLER P. d 8-0.1-1996 11 : 10AM 0 .'. O CONST. INC. 970 927 4 ll -. 1 OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY ALTA COMMITMENT SCHEDULE A Our Order # GW220850 ##4; . THENCE NORTH 26 DEGREES 2' EAST 156 FEET, FOR CORNER #5; THENCE NORTH 36 DEGREES 4' E. 302 FEET, FOR CORNER ##6; THENCE NORTH 51 DEGREES 32' EAST 190 FEET, MORE OR LESS FOR CORNER #7; THENCE EAST 500 FEET FOR CORNER #8, WHICH CORNER IS THE NORTHEAST CORNER OF THIS TRACT, THENCE;SOUTHERLY TO CORNER #1 OR THE PLACE OF BEGINNING. A TRACT OF LAND SITUATED IN THE E1/281/2, SECTION 16, T. 6 S., R. 93 WEST OF THE 6TH PRINCIPAL MERIDIAN, AND MORE FULLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHENCE THE SOUTH QUARTER CORNER OF SAID SECTION 16 BEARS S. 2 DEGREES 55' E. 2210.47 FEET; THENCE N. 84 DEGREES 56' W. 438.87 FEET; THENCE S. 2 DEGREES 7' W. 408.58 FEET; THENCE N. 89 DEGREES 40' W. 322.1 FEET; THENCE S. 89 DEGREES 28' W. 285.44 FEET; THENCE S. 88 DEGREES 11' W. 81.3 FEET; THENCE N. 1 DEGREES 11' E. 516.9$ FEET; THENCE N. 41 DEGREES 48' E. 177.88 FEET; • THENCE N. 52 DEGREES 49' E. 294.95 FEET; THENCE S. 8 DEGREES 10' E. 217.38 FEET; THENCE S. 85 DEGREES 48' E. 214.5 FEET; THENCE S. 84 DEGREES 23' E. 304.82 FEET; THENCE S. 85 DEGREES 48' E. 205.7 FEET; THENCE S. 8 DEGREES 10' E. 174.5 FEET TO THE POINT OF BEGINNING COUNTY OF GARFIELD STATE OF COLORADO i W = PAGE 3 1 111111 11111 111111 11111 111111 1111 111111 111 11111 IDI 1111 508735 04/08/1997 03:23P 81014 P792 447 5 of 5 R 0.00 D 0.00 N 0.00 GRRFIELD COUNTY CLER P.5