HomeMy WebLinkAbout2.0 Resolution 80-190STATE OF COLORADO 0 ri�U G 14/1980
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RecepLca .,10.R.%*}65 MILDRED ALSDORF, RECORDER
Ata continued meeting of the Board of County Commissioners for Garfield County, Colorado,
held at the Court House in Glenwood Springs on Thurs daythe 14th day of
Amg.t.it Ric iard C80�Othe ewerepresent:
Larry Velasquez
Flaven J. Cerise
Nancy 8prick Page
Commissioner Chairman
, Commissioner
, Commissioner
, County Attorney
, Clerk of the Board
when the following proceedings, among others were had and done, to -wit:
RESOLUTION N0.80-190
RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE
GARFIELD COUNTY SUBDIVISION REGULATIONS FOR THOMAS O'BRIE(!
WHEREAS, Thomas O'Brien has 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 40 acre
tract described as follows: A tract of land situated in the E1S1W11/4, Section 15,
Township 7 South, Range 92 West of the 6th P.M., described as follows: All
that part of the E zSW4 of said Section 15, lying Southwesterly of the South-
westerly right-of-way line of a road as constructed and in use on December 10,
1973, over and across said E'ZSW14. Said road extends in a Southeasterly direction
from the West line of said E1SW', into 3 tracts of approximately 10, 10, and 20
acres each, more or less, which proposed divided tracts are more particularly
described as follows:
Tract A: A parcel of land located in the East 1/2 Southwest 1/4,
Section 15, Township 7 South, Range 92 West of the 6th Principal
Meridian. Said parcel being more specifically described as follows:
Beginning at the Southeast corner of said parcel, whence the South
1/4 corner of Section 15 of said Township and Range hears South
42°50'37" East, 1080.96 feet: thence South 88°59'53" West, 540.70
feet to a point on the apparent easterly right-of-way of County Road
No. 331,' thence North 00°36'11" East, 1001.17 feet along the easterly
right-of-way of County Road No. 331 to a point of intersection with
the southerly right-of-way of County Road No. 334, thence South
54°40'42 East, 609.58 feet, thence 48.22 feet along the arc of a
curve to the right having a radius of 3648.80 feet, central angle
of"00°45'25" and a chord bearing of South 54°17'59" East, 48.20 feet,
thence 00°36'11" West, 611.13 feet to the place of beginning. Said
parcel contains 10.005 acres, more or less.
Tract B: A parcel of land located in the East 1/2 Southwest 1/4,
Section 15, Township 7 South, Range 92 West of the 6th Principal
Meridian. Said parcel more specifically described as follows:
Beginning at the Northeast corner of said parcel, also being the
Southeast corner of Parcel A, whence the South 1/4 corner of said
SeStion 15, bears South 42°50'37 East 1080.96 feet, thence South
00 36'11" West 805.62 feet to a point on the South boundary of said
Section 15, thence South 88°59'53" West, 540.70 feet along the South
boundary of said Section 15 to a point on the apparent easterly
right-of-way of County Road No. 331, thence North 00036'11" East,
805.62 feet, along the easterly right-of-way of said County Road No.
331, thence North 88°59'53" East, 540.70 feet to the place of
beginning. -"Said parcel contains 9.996 acres, more or less.
Tract C: A parcel of land located in the East 1/2 Southwest 1/4,
Section 15, Township 7 South, Range 92 t'lest of the 6th Principal
Meridian. Said parcel being more specifically described as follows
Beginning at the Southeast corner of said Parcel "C" also being the
South 1/4 corner of said Section 15, thence South 88°59'53" West,
743.64 feet to the Southwest corner of said Parcel "C" also being
the Southeast corner of Parcel "B", thence North 00°36'11" East,
55:1 782
1416.75 feet to a point on the apparent southerly right-of-way of County
Road No. 334, thence along the southerly right-of-way of County Road No.
334, 352.49 feet along the arc of a curve to the right having a radius of
3648.80 feet, central angle of 05°32'07 and a chord bearing of South
51°09'14" East a distance of 352.37 feet, thence South 48°23'10" East,
630.24 feet along the southerly right-of-way of County Road No. 334,
thence South 01017'15 West, 764.50 feet to the place of beginning.
Said parcel contains 18.899 acres, more or less.
WHEREAS, the Petitioner has 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 284 Title 30, Colorado Revised
Statutes 1973, as amended,for the reason that the impact created, does not warrant
a full subdivision review; and
WHEREAS, the Petitioner has 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 requesteddivision 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;
NODI, THEREFORE, BE IT RESOLVED that the division of the above described tracts
"A "B and "C" from the above described `40 acre tract is hereby exempted from
such definitions and said tract may be.divided--into tracts "A "B,"•, and "C", all
as is more fully -described above, andr 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
conditions and, with the express understanding and agreement of the Petitioner that
no further exemptions be al lowed- said tracts "A", "B", and "C", that the well
will supply tracts "A", "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:
ATTEST: (Ut
Deuty C erk .f the Bo
of Count' Commissioners
Garfield County, Colorado
f
Chai rma
Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote:
Richard C. Jolley Aye
Larry Velasquez Aye
Flaven J. Cerise Aye
Commissioners
STATE OF COLORADO
(ils
County of Garfield
, 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.
S