HomeMy WebLinkAbout5.0 Resolution 91-056(
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: c o,"l D E D AT 94 )' c LD CK A: 1: .J-U-Nia n 424MO f'lILDR:D ALSDoRTT
STATE OF COLORADO
County of Garfield
17th of June
Mildred Alsdorf r
?. That for the above-stated
subdivision is in the best
Arnold L. ,
,
Marian I. Smith r
Don DeFord
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COUNTY
A.D. 19 9I , there were Present:
Commissioner Chairman
Commissioner
Commissioner
County AttorneY
Clerk of the Board
County Administrator
Drlor( 806 ProE28{
Commission and Board of
and comPlete, that all
were submitted and that
that hearings.
Commission recommended
t 8 l99l i
CLERK i
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,,,\'\At a reqular meeting gf thg Board of countv _commirssioners
for Garfield CoffitV, Cofor"do, n6ifa in the Commissioners' Meeting Room'
Garfie1dCountyCourthou"",_ihcr""w"9dSpring:'91-%,the
Chuck Deschenes t
when the following proceedingsr among others were had and done, to-wit:
RESOLUTION NO. 9I.056
A REsoLUTIoN CoNCERNED wITH THE APPROVAI, OF A PRELII,IINARY PI,AN FOR THE
GOOSE CREEK SUBDIVISION.
WHEREAS, Kent Jones, Priscilla Prohl and Vincent Gu1ino-have-filed
ur, upftication with the Board of County Commissioners of Garfield County
i"t Lpp=oval bf a preliminary PIan to-r ttre Goose Creek Subdivision'
WIIEREAS, based on the materj-al submitted by the appticant- and .then
comments of the Garfield Co"nty Planning Department, this Board finds as
follows:
L. That proper publication, publ-ic notice and post-ing
providLa'is fequired by- Iiw to=_ the hearings before'planning Commisiion and -Board of County Commissioners '
was
the
2.That the hearings before the Planning
County Commissioners were extensive
pertinent facts, matters and issues
iff interested parties were heard at
That the Garfield CountY Planning
approval of the PreliminarY PIan.
That the proposed subdivision of tand is in compliance with
the recomfrendations set forth in the Comprehensive PIan for
the unincorporated area of the County.
That all data, surveys, analyses, studies, plans-?"9.designs
as are required by t-he State of Colorado and Garfield County
have been submitfed, reviewed, and found to meet all sound
planning and engineering requirements of the Garfield County
Subdivision Regulations
6. That the proposed subdivision of land conforms to the Garfield
County Zoning Resolut,ion.
and other reasons, the ProPosedinterest of the health, safetY,
morals, convenience, order,
citizens of Garfield CountY.
3.
4.
5.
prosperity and welfare of the
CC
Brrcrr( 806 plcE282
,o*, THEREFORE, BE IT RESOLVED that the Preliminary PIan oj the
Goose Creek Subdivision for the following described unincorPorated area
of Garfield County be approved with the following conditions:
1. AIl representations of the applicant, either within the
applicalion or stated at the puUtic Hearing before the Board
oi- County Commissioners shall be consideied conditions of
approvalf unless stated otherwise by the Board of County
Commissioners
2. A11 proposed utilities shall be located underground. A11
neceisaiy appurt,enances for indivldual service connection
shall be-pro-vided by the developer. Utility facilities shall
be included in the Subdivision Improvements Agreement.
3. AlI cut slopes created during construction shall' be
revegetated wilh native grasses and shrubs with adequate weed
..contiol..A11seedshatlbecertifiedweed-free.
4. Tha ipplicant shall pay $200 per lot in School Impact Fees
prior to the approval of the Final PIat.
5,.-.-.. The gggtriCtive''covenants .shall provide that there wiII be no
resubdivision of the lots.
6. Frioi-to thd submitLal'of the Final PIat, the applicant shall
provide adequate written verification from the Division of
water Resources documenting approval of the domestic water
supply.
7. The applicant shall provide documentation from the Carbondale
and nuial Fire prote6tion District approving the interior road' design and fire protection plan prior to the subrnittal of the
Final PIat.
8. .. AIl roads including the proposed cul=de-sac shatl be designed' and constructed in accordance with minimum County standards.
9. The applicants.shall submit improvement plans for aII roads,
bridges; utilities and drainage structures prior to approval
of the Final PIat.
10. The applicant shall demonstrate that procedures are
established for the maintenance of aII bridges, roadways etc.,
incLuding snow removali through restrictive covenants.
1t-. The applicants shall provide a modified water allocation
contrict from the Basalt Water Conservancy District to provide
adequate water to accommodate the lack of recharge for non-
discharging wastewater systems prior to review by the Board of
County Commissioners if no modification to the contract is
required, then the applicant shall provide supporting
documentation prior to the preliminary plan review by the
Board of County Commissioners.
L2. AII requirements of the Army Corps of Engineers shall be
considered conditions of approval. A covenant shall beincluded to require that prior to construction within
identified wetlands, approval from the Army Corps of Engineersshall be provided. Wetlands, as identified on the PreliminaryPlan and reviewed by the Army Corps of Engineers, shall be
delineated on the Final Plat with an appropriate plat note.
13: The following plat notes shall be incLuded on the Final PIat:
A. Prior to issuance of a Building Permit, the owner of each
lot shall prepare and submit a site specific soils report
and foundation design prepared and certified by aprofessional engineer and alI improvements shall be
constructed in accordance with such measures which shall
be a condition of the Building Permit. The foregoing
shall not apply to any existing building at the time of
C (
trtrox 806 pARE283
the Final plat approval, subject to the discretion of the
Building Official.
The recommendations of the Colorado State Forester and
U.S.F.S. wifafiie prevention guidelines shall be followed
in the construction of aII structures.
The subdivision may be subject to prescriptive easements
for irrigation ditches and their maintenance'
Prior to any development within an identified federally
regulatea wLtiina, if,e lot owner shall confer with the
a.fry Corps of Engineers. Documentation of their review
shall be provided to CountY Staff.
AII I.S.D.S. systems shall be designed and their
installation ceitified by a registered professional
engineer. prior to the iJsuance of an I.S.D.S. permit,
ani modification thereof or construction, -review- and
coirment by the Town of Carbondale shall be obtained. A
non-dischirging E.T. system with hlpalon liner or the
best demonstra-ted avaiiable technology at the time of
construction shall be required for the I.S'D'S'
No maintenance by the county wiII be extended on the
access road or within the subdivision.
B.
D.
E.
F.
I,EGAT DESCRIPTION:
Dated this 17th day of
ATTEST:
Upon motion duly made and
adopted by the following vote:
Arnold L. Macklev
See Attached Exhibit A.
June , A.D. 1991
F:'lmor (Brrekev) Arbanev
GARFIELD COUNTY BOARD OF
coMMrssroNERS, GARFTET,D couNTY,
COLORADO
a'--'-e <V/,t:/-7^
seconded the foregoing Resolution was
-t Aye
, AYe
, AYeMari an T - .Smi th
STATE OF COLORADO
County of Garfield
It , CountY Clerk and ex-officio
C1erk ot s in Jnd for the CountY and
State aforesaid do hereby certify that the annexed and foregoing
Resolution is truly copied from the Records of the Proceedings of the
Board of County Cbmmissioners for said Garfield County, now in my
office.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
seal of said County, aL Glenwood Springsr this day of
, A. D. 19_.
County Clerk and ex-officio Clerk of
Commissioners
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the Board of CountY
FEB ?E '9? 13:17 [^IR]GHT & RDGER
IJI{IIED POITER. OT AITOBIIEY
xfloc Ar,L rcN By THESB Pf,ESENTS: Ther vrnceur A. Gurr,no of p.o.
Gororado, 81623, as PrLnclpal, do6s meke, constrtute end appolnt;brother, whose address Ls: p.o. pox 595, Tesuque, Hew Mexl,co-,- a7s74,ettorney for hln end Ln h1e name, place and scead, f,oE the follo$ing
P.t/=
Box 1084, CarbondaLe,
Angelo V, Gullno, hls
as hls true end Lawful
uses and purposes:
l.Any *nd all thlngc nec€ssery to facllltate hls eubdlvlslon and sale of cerralnreel pr'operty }ocsted Ln Lots g and 4, Sectlon 35 and Lot g, SectLon 34, Townshtp 7 South,
ILange 88 west of the 6th Prlnclpal l{erLdlan, Garfleld Gounty, coLorado; aB more peitleularrydescrlbed ln Exhlblt !tA, atteched hereto and lncorporated heretil by thts reference. lnd, tLfacllltate the attorney-ln-fact tecalvlng, deposltlng, wlthdrawlug end hordlng funds for andln behal.f of the prlncrpal from the ral"e of such reer property.
2.
poweEs:
(b) To eccept or rehde:r on behalf
l-nstrunienEs, conttacts, agfeements,
above real prop€rty;
lllth tespecc to the porers granted heroln, rhe Autoruey-Ln-Fact he8 the followlng
(a) To e:cecute, slgn, s6e1, acknowledge and dellver any lnstrwflent necessary toeeeompllsh any of the powsrs hereln granted, lnch+d.[he_-but nor ]-lBlted to: SubdlvlslonAgr68Eents, Restrlctlve Covenants for Subdlvlslon, General [farEenEy Deeds, SpecialWarranty Deeds, Qult clalur Deeds, Eargaln and Sale Deeds, optlons ro purchase,
ContfectB for Purchase and Sale, Settlement Statemonts, ReaI Propercy TEx pro-Eation
Agteements.
of the Prlnclpal, any monLes, docunenrs, deeds,
deads, deeds of trusr or notes perralflLng to the
(c) To modlfy, reform, renegotlate or rescLnd any egreement, conEract or obligetlonheretofore or hereafrer made by the pr{ncrpar or tn nrs behalf;(d) All buslness transacted hereunder for the Ptinctpal or for the account of uhePrlnclpel shall be transected I;n hl-e rame, and alr endorsementg and LnstrumentsexecuEed by the Attorney'in-Faeu for the purposa of carrylng ouE any of the foregolng
Powers shall contaln the Princlpsl's name, followedby that,of, the AEtorney-Ln,Facr andthe deslgnatlon, "Attorney-I_n- Faet',;(e) rf the euthotlty contained hereln shall be revoked or termlnatsed by operatton ofIan slEhout notlce, the frlnclpal hereby agrees for hlmself and for hts eaecutors,admlnLstretors, heLts aud asslgns, l-n consideratlon of the erll,lingness of the aEtorneyto act pursuant to thls Power of Attorney, to eave and hold the Arrorney-ln,Factharmless from any loss suffered or any llablllty Incurred by the attorney in eo acrlngafter such ravocatlon or ternlnatlon wLuhout nortce; Bivlng and granllng urrto theAttorney full povsr and euthorlty to do end perform all- and every aat and uhlngwhatsoevet requl-slte and flecBssary to be done tn and about the premises, as fully tJall tntents and Purposes aa he might do or could do tf personaliy pre6ent, wrrh full
Powet of subatltutlon and rsvocatlon, heteby rattfying- and confirmlng al"l chat theAEtorney-Ln-Fect ot hls substltute shall lawfully do or cause to be done by wirtuahereof.
IJr The Prlrrclpal hereby ratifles and confirms all lawful acts done and caused to bedone by his AEtorney-ln-Face pureu&nt to this Pouer of Attornelr, end he dlrects rhat lt shallconElnua Ln effece until the torml.netl-on deue trereln speclfLed unless seoner terurlneted byhlm or by opelratroa of raw. To the furr Bxtent, permltted by law, subsequent merrtarI'ncapaclty ehatl not operate as s revocftlon of this por,ret of .A.trorney.4.ThLa Llrnlted Poser of Attorney rs effectlve I January I99i and expl"res 3l March1992 end shall not be affected by dlsablitty of the Prlnctpar as provtded ln the cororadoRsvlsed Srauutes, $1i-14-501.
RE\GUTINO,POA
Notary Public
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AW*l^_IN WITNESS I{HEREOF, Vlncenr A. Gultno has executed thls Llmlted Power of Attorney Lhis.f) " -day of January.l,.'i
ii
STATE OF
COUNTY OT'
t'l
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-t )l
The foregolng
',t/
January L992, by Vincent A. Gullno.
Attorney was acknowledged befote me thls ?P1-day of
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7?+ za
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,92 13:17 [-IRIGH- ' FDGER P.3/3
EXHIBIT A
A parcel of 1and. situated in Lots 3 and 4 r- sectior,-3s and Lot 8,
Section 34, Township 7 South, Range 88 West of the Sixth Frinci.-
FaI lleridian. Salci parce,I of land is descrrbed as follows;
Beginning at the Witness Corner for the South Quarter corner of
said Seciion 35; thence N.53"30'43" VI.4?78.58 feet to the Truepoint of, Beginning, said Point also being the NW corner of that
pir""l convEyed to ,lotrn H. Jacobsen by Document No. 271155 of the
barfield County records; thence N. 00"49'00n E. 930.90 feet to'-
the SI^l corner of that parcel conveyed to David Burnford, €t aI by
Docrrmerrt No. 27664l-i thence E. 1337,67 feet along the South line
od said parcel to the SE colneI thereof; thence iiortfr \247.t4
feet +Ioi'rg the East line and East line extended of said Burnford,
et aI parcel; thence N. 89o23'39F E. 446.97 feet; thence South
?t82.61 feet to a point on the North line extended East of that
parcel conveyed to Jacobsen; thence West 1797.88 feet along'the
ilorth line extended and North lj.ne of said Jacobsen parcel to the
True Point of Beginning.
Together with all water and water rights, ditches and ditcir'
rights appurtenant to or used in connection with the subject
property, specifically including, without limitation:
(a) A .70/3,2 proportionate j.nterest in and to all of the
interest of said party of the first Fart in the Flynn Ditch,
Structure No. !92, Priority No. 273' Appropriatj.on Date ].t/L/I888,
Decree Date 4/4/1934, and the 3.? cubic feeL of water Per second
of time adjudicated thereto under said Priority, and
(b) . Together with a 1.1q /4,3 proportionate lnterest in and
to all of the interest of said party of the first Part in the
slough Ditch and Banning Lateral, being Ditch No: 193, and the
4.3 iubic feet of water per second of time adjudicated thereto
under Priority tlo-- 274; and
(c) Together with a 3/10 proportionate intecest in and to
said party of the first partrs interest in and to the First
enlargement of the Slough Ditch and Banning LateraJ., Ditch No.
193, ind the 42.68 cubic feet of water per second of time adju-
dicated thereto under Priority No. 309.
And together vrith a perpetual, non-exclusive easement and
right-6f-way fifty (50') feet in width, fox road and utility
purposes commencing at the point of intersection of the existing
iecess road along the westerly boundary of the subject property
with County Road 100, and thence along said existing access road
ro the soulherly boundary of the s.ubject propertyr said strip of
larrd comprising the Hesterly 50 feet, of even width, of the tract
of land fying Southerly of and adjacent to the subject _proP9ft{ L land also lomprising 'a portion of the 50 foot easement described , I U/l ^
t:.?ffi1.'E::lt;i Hr#:;;;nt ooo' 2766{r' or,the record's or ,rr,1
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