HomeMy WebLinkAbout3.0 Resolution 78-28• •
RESOLUTION -478,_22
WHEREAS, THE GLENWOOD SPRINGS GOLF CLUB has petitioned the Board of County
Commissioners of Garfield County, Colorado, for an exemption under C.R.S. (1973)
Section 30-28-101 (10) (a) - (d) as amended, and the Subdivision Regulations of
Garfield County, Colorado, adopted September 1, 1972 and amended April 14, 1975,
Section 1.02.17 (d) and 3.02.01, for the creation of a six (6) acre tract of
land from a 52 acre tract of land, and which larger tract of land is more
particularly described as follows:
All that part of the SE4SW4 and of the East 21.8 acres of the
Southwest Quarter of the Southwest Quarter (SW4SW4), Sec. 35,
Tp. 5 S., R. 89 W. of the 6th P.M. lying South of the Sunny
Acres Subdivision in Garfield County, Colorado as the same
appears on the plat of such subdivision on file in the office
of the County Clerk and Recorder for Garfield County, Colorado,
as Doc. No. 176528 and in Plat Book 2 at Page 26-A.
All of Lot 3, and all that part of Lot 2, Section 5, T. 6 S.,
R. 89 W. of the 6th P.M., lying West and South of the Sunny
Hills Subdivision -in Garfield County, Colorado, as the same
appears on the plat of such subdivision on file in the office
of the Clerk and Recorder for Garfield County, Colorado as
Doc. No. 194328, corrected by Doc. No. 216089, Book 338, Page
329.
All that part of the NW4SE4 of Sec. 5, Tp. 6 S., R. 89 W. of
the 6th P.M. lying North of the County Road,and described as
beginning at a point on the North line of said NW4SE4 whence
the Northeast corner of said NW4SE4 bears S. 86° 4' E. 528
feet; thence N. 86° 4' W. 528 feet; thence S. 4° 36' W. 273
feet to the Northerly line of the County road; thence S.
69° 36' E. 563.3 feet along the Northerly line of the County
road; thence N. 4° 36' E. 420 feet to the North line of the
NW4SE4, the point of beginning, less and excepting, however,
all that portion thereof conveyed to W. C. Whitchurch and
Alice K. Whitchurch by deed of record in the office of the
Clerk and Recorder for Garfield County, Colorado, as Doc.
No. 189953, and in Book 284 at Page 493. Excepting, also,
that portion thereof conveyed to Harold F. Beattie and
Phyllis P. Beattie by warranty deed of record in the office
of the Clerk and Recorder for Garfield County, Colorado, in
Book 404 at Page 30.
Together with all water and water rights, ditch and ditch
rights used in connection with or appurtenant to the lands
above described.
Subject, however, to U. S. Patent reservations contained in
the land patents for the lands above described; to reserva-
tion of undivided one-half (2) interest in and to all oil,
gas and other minerals and mineral rights in, upon and under
a portion of the lands above described, as said reservation
appears of record in the office of the Clerk and Recorder
for Garfield County, Colorado as Doc. No. 157237 and in Book
218 at Page 173; and to all the terms and conditions of the
rights of way appearing of record in the office of the Clerk
and Recorder for Garfield County, Colorado, as Doc. No,
176529, and in Book 259 at Page 139, Doc. No. 176530, and in
Book 259 at Page 140, and Doc. No. 176531, and in Book 259
at Page 141; to all conveyances for public or county roads
and to such roads as in use.
• •
WHEREAS, the Petitioner has demonstrated to the satisfaction of the Board
of County Commissioners that municipal water and sewer service could be extended
to said six (6) acre tract, that there is adequate ingress and egress to said
tract, that the requested division is in accordance with 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) Section 30-28-
101 (10) (a) - (d) as amended;
NOW THEREFORE, upon motion of -W_ seconded
Jby Jot t and carried, the above described tract of land
is hereby exempted from such definition and transfer of said tract may be made
by division into two tracts of six (6) and forty-six (46) acres, more or less,
and further that said exemption is conditioned upon the extension of municipal
water and sewer service to said six acre tract prior to development, and
further that said exemption is conditioned upon a proper legal description being
prepared for said six acre tract of land prior to its conveyance. A copy of the
instrument(s) of conveyance when recorded shall be filed with this Resolution.
Dated thisXXI.day of , A.D. 1978.
Attest: / ii
De ty er of the Bo
of Coun Commissioners
Garfield County, Colorado
2
THE BOARD OF COUNTY COMMISSIONERS
OF GARFIE D COUNTY, COLORADO
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