The URL can be used to link to this page

Home My WebLink About3.0 Resolution 97-03t ^filililr ilil illillllll llllll lllll llillll lltll llll llll SOg'qqt OY15/1997 O1':23? BLOO6 P436 447 L of L2 R O.OA O O.OO N A'00 GRRFIELD C0UNTY CLER STATE OF COLORADO ) )ss )County of Garfield Ata reorlar meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Commissioners Meeting Room, Garfield County Courthouse, in Glenwood Springs on lVfondav the l3th of January A.D. 19 97 , there were present Marian I. Smith . Commissioner Chairman F,lmer rrckev) Arhanev Commissioner Arnold L. Macklev . Commissioner T)on ord County Attorney Mildred Alsdorf . Clerk of the Board Chuck Deschenes County Administrator when the following proceedings, among others were had and done, to-wit RESOLUTION NO. 97-03 A RESOLUTION CONCERNED WITH GRANTING AN E)G,MPTION FROM THE GARFIELD COI.INTY SITBDIVISION REGIJLATIONS FOR LARRY & GLENDA ANTONELLI. WHEREAS,LaTT and Glenda Antonelli 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,adoptedApril 23, 1984, Section8:00through8:60andforthedivision of a3T.lT2acretractas described in Book 408, Page 577, as filed in the Offices of the Clerk and Recorder of Garfield County, Colorado, into four parcels of approximately 2.923,4.449,6.01 I and 23.789 acres each, more or less, which proposed divided tracts are more practically described as follows. Lot 1 Lot2 Lot 3 Lot 4 See Attached See Attached See Attached See Attached (in the State of Colorado and the County of Garfield); and /-; or mttt llnt lluillnll llllll lllll lll Itr,llll! ill llll 503447 O1/t5/7997 OltZ3P BLOOG 447 2 ol 12 R O.OO O O.OO N 0.00 GRRFIELD COUNTY CLEF 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 ofPart 1, Article 28, Title 30, Colorado Revised'Statutes 7973, 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 a reasonable probability of locating domestic water on each of said parcels, 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 Gaffield, 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 (tO) (a)-(d), as amended; NOW THEREFORE, BE IT RESOLVED that the division of the above described Lots "1,' uz,u u3u arld '14" from the above described 37 .172 acre tract is hereby exempted from such definitions and said tract maybe divided into said Lots "1," "2," "3" and "4" and may be conveyed in the form of such Lots "L," "2," "3" and "4" all as is 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 14th day of .TANIIAPY A.D. 19 qz ATTF.ST GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFIELD COI.INTY, COLORADO r-t/ / ,/- -/u.., 4 /2, a..-,-4 .Ch)A-- Chairman 'Upbii'motion duly made and seconded the foregoing Resolution was adopted by the following vote Commissioner Chairman Marian I- Smi t,h Aye Commissioner Arnold L- Mackley , Aye Commissioner Elmer (Buckey) Arbaney , Aye o Illlill lllll llllll lllll 5@3447 0l/L5/1997 0 3 ol 12 R O.OO O O, rillul lmt ut llmuu mt tfi3P 81006 P438 447 OO N O.OO GRRFIELD COUNTY CLER STATE OF COLORADO ) )ss )County of Garfield L,CountyClerkandex-offficioClerkoftheBoardofCounty Commissione.,,i,*@Stateaforesaid,doherebycertifithattheannexedandforegoing 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 mlllllllllll l?#lountY .LER Lltllltuulltffi umlHlLULIlIIll,tT =.i-.i'iz-n o-.oo o a.oo-lr 0.oo GRRFIELD CoUNTY CLER ;ituoted in the lEl/aSE//4 of Section 5 ond NE/141/E//4"i--iinti,nip a sititn, Ring" 92 trest of the 6th P'M' :ulorly described os follows: o i 'oint on the l{est line of said SE//4SE//4 from whence er of soid Section 5 beors S 89' J6' 04 w 3974.22 soid l/est line N 0' J9'15" W 369.2/ feet to o point soidof on JO foot occess eosement; thence olong et olong o cutve to the to the left, hoving o rodius centro/ ong/e of / /' O9' 27;the chord of which E 84.97 fee t; thence N 75'07' 37 E 45.73 feet; o/ong the orc of o curYe to the right feet, hoving o 'J' 07', 0 7 ond o radius of 29.7J the chord of /8' 50' E J9.44 feet,thence S 2/' 45'16" E 4J.26 /5' 2f W 72.5J feet;thence S 38' 08'2/" W //6.9/ f intersection with the Sout h Eonk of the Lower thence olong soid E 4J4.J8 South Bonk .s 5J' lo', J/" E 50./9 /9' 40'faof 'thence S 85' 06'27', E 56.82 soid ditch bonk N /'29',04" w 22J.45 feet, W 199.07 feet; thence N 0'Jl'35' E 644.J9 46' Jg" f 30.00 feet" thence N 26' 57', /7 E J05.45 48', 29' f 60.89 feet; thence N 59' 06' 55" E 408.67 2/" W 208.61 feet; thence N 89' 48' 29" E line of soid Section 5; thence olong soid Eost line 9J feet;thence S 80' 58' 24 w29 8O t'eet; thence N feet,thence N 16' 00',t Rn W / 99.22 feet; thence N feet,thence S 25' 0O'I /"W 206'45 feet; thence S 78 feet;I -tthence 5 Jz t/J6,W 283.9/ feet; thence S in TownshiP 6, ulorlY descrrbeo 5 t /l from whenceil +9" W 4051.+o =.-i-of' thence N 1'^n'".\" f "ut; thence i" tb+.06 feet' -':, r'i''w 115.38 iNr br BEG;NN:NG" 5c< 74 feet to the northerlY ott-woy48' W'g soid righ YING; soid t-of-woy N described troct contoining 2J'789 ocres, right- 85' 20 of HighwoY 6 680.96 feet; to o unttl ullr nltlr un mur r,,rll?h, ilr uttr mr lllr503447 OL/15/1997 Olt?3P BL0OG ?44O 4475 ol t2 R O.Oo O s.OO N 0.OO GRRFIELD C0UNTY CLEF LOr 2A troct of lond situoted in the SE//aSf//1 of Section 5 in Township 6 South, Ronge 92 Llest of the 6th P.M. being more porticu/ody described os fol/ows: Beginning of o point on the lrlest line of soid St//4Si//4 from whence the Southwest Corner of soid Sectr'on 5 beors 5 77 52'49" W 4054.46 feet; thence olong soid West line N 0'J9'/5" ll 259.52 feet; thence N39'55'10" 8 282.12 feet, thence N 89'18'29" f 150.12 feet; thence S 26'57'/7'W 305.45 feet, thence S 52'46'J9" W /04.06 feet; thence S 69' 25' 08" W /77.00 feet; thence S 6/' J7' 24" W / lS.Ja feet; thence S 79'44'59" W /12.4J feet; to the PO/NT OF ?1G/NN/NG; soid described troct contoining 4.449 ocres, more or /ess. oo GARFIELD COUNTY Building and Planning lzlr. Ray Gilbert P.O. Box 801 Silt, CO 81652 RE: Antonelli Subdivision Exemption Dear Ray, on Monday, July 15, 1996, the Board of County Commissioners conditionally approved theAntonelli's request for an exemption from the definition of subdivision. The conditions that must bemet prior to final approval are as follow: l That all representations of the applicant, either within the application or stated at the meetingbefore 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 alub[c 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 uf, to one(1) year from the original date of approval. 4' That the applicant shall submit $200 00, per lot, ($600 00 total) in School Impact Fees forthe creation of all exemption parcels. 5. That the following plat notes be included: "Soil conditions on the site may require engineered septic systems and building foundations. Site specific percolation tests at the time of building permit submittal shall deteimine specificISDS needs on the site." "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 ,.ihodologydescribed in "Determining Safety Zone Dimensions, Wildfire Safety Guidelines for RuralHomeowners," (Colorado State Forest Service) shall be used to determine defensible spacerequirements for the required defensible space within building envelopes in areas exceeding five (5) percent grade.', "Upon adoption of road impact fees by the Board of County Commissioners, the lots createdby this exemption shall be subject to paying the fees, paid at time of building permit application, paid by the building permit applicant.', 109 8th Street, Suite 3O3 945-8212t285-7972 Glenwood Springs, Colorado 81601 oo "The individual lot owners shall be responsible for the control of noxious weeds." 6- That, prior to the authorization of an exemption plat, the applicants receive an approved driveway permit for the proposed access, from the State Highway Department. 7. That all well permits be issued by the State Engineer's Office and both wells be completed, prior to the authori zation of an exemption plat and a water sharing declaration shall be recorded. So there is no confusion in exactly who was the applicant in this matter, please have your surveyor title the exemption plat using the name ofthe applicants. The title should siate "Anton"lli E*.rption Plat" or words to that effect. If you have any questions, please do not hesitate to call. Sincerely, €LtC-- Eric D. McCafferty Garfield County Planner