HomeMy WebLinkAbout4.0 Resolution 81-131STATE OF COLORADO
County of Garfield
Ata ,5-.gulai
held at the Court House in Glenwood Springs on Monday , the 4th day of
May A. D. 19 81 , there were present:
Larry Velasquez
Flaven J. Cerise
ss.
57'1 PAGE 36
Mf J/ ��l o'clo-�� l,1 ��• MAY - 7 1981
Reception No. 314608 MILDRED ALSDORF, RECORDER
meeting of the Board of County Commissioners for Garfield County, Colorado,
Eugene "Jim" Drinkhouse
Arthur A. Abplanalp, Jr.
Cheryl J. Koss, Deputy
, Commissioner Chairman
, Commissioner
, Commissioner
, County Attorney
, Clerk of the Board
when the following proceedings, among others were had and done, to -wit:
RESOLUTION NO. 81-131
A RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE GARFIELD COUNTY
SUBDIVISION REGULATIONS FOR RAYMOND AND IMA BARLOW
WHEREAS, Raymond and Ima Barlow 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 January 2, 1979, Sections 2.02.21 (d) and 3.02.01 for the
division of a 12 acre tract described as follows:
That parcel of land as described in Document #239577 as filed
in the office of the Clerk and Recorder of Garfield County,
Colorado, into 2 tracts of approximately 8.42 and 3.6 acres
each, more or less, which proposed divided tracts are more
particularly described as follows:
Parcel A:
A parcel of land in the Northeast Quarter of Section 36, Township
5 South, Range 93 West of the 6th Principal Meridian, County of
Garfield, State of Colorado, more particularly described as follows:
Commencing at the NE Corner of said Section 36; thence S 89°49'48"bv
a distance of 399.83 feet more or less, to a point on the westerly
right-of-way of State Highway 13 and the TRUE POINT OF BEGINNING:
Thence along said westerly right-of-way the following described
courses: thence S 4°19'43" W a distance of 460.80 feet; thence along
a curve to the left having a radius of 2820.39 feet and a central
angle of 7°26'16", an arc distance of 366.12 feet (the chord of which
bears S 0°36'35" W a distance of 365.87 feet); thence S 3°06'33" E
a distance of 529.27 feet; thence along a curve to the right having
a radius of 2263.83 feet and a central angle of 3°25'51" , and arc
distance of 135.56 feet (the chord of which bears S 1°23'27" E a
distance of 135.54 feet); Thence departing from said westerly right
of way, S 89°33'45" W a distance of 312.81 feet; thence N 3°44'02"
E, a distance of 1494.22 feet to a point on the north line of Section
36; thence along said north line of Section 36, N 89°49'48" E a
distance of 222.17 feet to the TRUE POINT OF BEGINNING; Containing in
all 366,721.19 square feet (8.4188 acres, more or less)
Parcel B:
A parcel of land in the NE4 of Section 36, Township 5 South, Range
93 West of the 6th Principal Meridian, County of Garfield, State of
Colorado, more particularly described as follows:
Commencing at the NE Corner of said Section 36; thence along the North
line of said Section 36, S 89°49'48" W. a distance of 622.00 feet;
thence S 3°44'02" W a distance of 1494.22 feet to the True Point of
Beginning; Thence N 89°33'45" E a distance of 312.81 feet, to a pint
of the Westerly right-of-way of State Highway No. 13; thence along said
Westerly right-of-way the following described courses: thence along a
curve to the right having a radius of 2263.83 feet and a central angle
of 6°32'53", an arc distance of 253.72 feet (the chord of which bears
S 3°35'44" W a distance of 258.58 feet); thence S 6°52'11" W a distance
of 224.82 feet; thence departing from said Westerly right-of-way S
72°38'04" W. a distance of 173.77 feet; thence N 71°42'59" W 53.75
feet; thence N 50°23'51" W 106.33 feet; thence N. 3°44'02" E a distance
BMA 571 PAGE 317
of 447.06 feet to the Point of Beginning.
(in the State of Colorado and 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 impact created 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 tracts, that there is
adequate 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
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;
NOW, THEREFORE, BE IT RESOLVED that the division of the above described
tracts "A" and "B" from the above described 12 acre tract is hereby exempted from
such definitions and said tract may be divided into tracts "A" and "B" all as
is more fully described above, and said divided tract may be conveyed in the form
of such smaller tracts without further compliance with the aforesaid subdivision
statutes and regulations; provided, however, that this exemption is granted on
the condition and with the express understanding and agreement of the Petitioners
that no further exemptions be allowed on said tracts "A" and "B", and that a
copy of the instrument or instruments of conveyance when recorded shall be filed
with this Resolution.
THE BOARD OF COUNTY COMMISSIONERS
OF GARFIELD COUNTY, COLORADO
By: ULem
ATTEST: 110-0
Deputy Clk o t e Board
of County Co sioners
Garfield County, Colorado
Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote:
Larry VelasguE'„ g Aye
Flaven J. Cerise Aye
Eugene "Jim" plzinxbauae Aye
STATE OF COLORADO
ss
County of Garfield
Commissioners
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 Order 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
County Clerk and ex -officio Clerk of the Board of County Commissioners.