HomeMy WebLinkAbout4.0 Resolution 83-147STATE OF COLORADO
County of Garfield
BOOK 630 NGEi41
Recorded ai "., 44 0 o'clock_ M. �-
)ss
Reception No. a.4,13M1ILMILDRED ALSDOrY, RECORDER
Ata regular meeting of the. Board of County
Commissioners for Garfield, Colorado, held at the Commissioners' Annex in
Glenwood Springs on Tuesday , the 5th day of July A.D. .
19 83 , there were present:
Eugene "Jim" Drinkhouse
Larry Velasquez
Eleven J. Cerise.
Earl Rhodes
Mildred Alsdorf
, .Commissioner Chairman
, Commissioner
, Commissioner
, County Attorney
, Clerk of the Board
when the following proceedings, among others were had and done, to -wit:.
RESOLUTION NO. 83-147
A RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION PROM THE GARFIELD COUNTY
SUBDIVISION REGULATIONS FOR MOUNTAIN FUELS SERVICE COMPANY.
WHEREAS, Mountain Fuels Service Company 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 a 9.64 acre tract
described as follows: Book 562, Page 806 as recorded in the Garfield
County.Clerk and Recorder's Office into 3 tracts of approximately 2, 2.3
and 5.3 acres each, more o.: less, which proposed divided tracts are more
particularly described as follows:
TRACT A: A parcel of land locatecl in the NW 1/4 of Section 18, Township 6
South, Range 93 West.and in the NE 1/4 of Section 13, Township 6•
South, Range 94 West of the 6th Principal Meridian, Garfield
County, Colorado, being more particularly described as follows:
Commencing at the Northwest Corner of said Section 18; thence .
S. 20°07'E. a distance of 254.89 feet to the True Pc.. -'t of
Beginning of Parcel "A"; thence N.88°53'E. a distance of 176.35
feet; thence S.07°16'W, a distance of 442.93 feet; thence
S.09°221E. a distance of 120.83 feet; thence S.20°53'E-, a
distance of 145.01 feet; thence S.79°43';x. a distance of 292.30
feet; thence S.88°23'W. a distance of 306.42 feet; thence•
N.09°17'E. a distance of 243.27 feet; thence N.57°.31'E. a
distance of 450.87 feet; thence N.04°33'W. a distance of 250.16
feet more or less to the Point of Beginning. Containing 5.313
acres, more or less.
TRACT •B: A parcel of land located in the NW 1/4 of Section .18, Township 6
South, Range 93 West and in the NE 1/4 of Section 13, Township 6
South, Range 94 West of the 6th Principal Meridian, Garfield
County, Colorado, being more particularly described as follows:
Commencing at the Northwest, Corner of said Section 18; thence
S.20°07'E. a distance of 254.89.feet; thence N.88°53'E. a
distance of 176.35 feet; thence S.07°16'x'. a distance of 442.93 •
feet; thence S.09°22'E. a distance of 120.83 feet; thence
$.20°53"E. a distance of 145.01 feet to the True Point of
Beginning of Parcel B; thence S.20°53'E. a distance of 343.27
feet to a point on the Northerly right-of-way line of old U.S.
Highway .6; thence N.88°28'W, and along said Northerly
right-of-way line a distance of 316.02 feet; thence S.88°23'W.
and continuing along said Northerly right-of-way line a distance
of 86.69 feet; thence N.01.°37'W. a distance of 262.64 feet;
thence N.79°43'E. a distance of 292.30 feet more or less to the
True Point of Beginning of Tract "B". Containing 2.327 acre more
or less.
TRACT C: A parcel of land locatecl in the Nuri' 1/4 of Section 18, Township 6
South, Range 93 West and in the NE 1/4 of Section 13, Township 6
South, Range 94 West of the 6th Principal Meridian, Garfield
County, Colorado, being more particularly described as follows:
Beginning at a point from which the Northwest Corner of said
Section 18 bears S.17°49'03"W. a distance of 1019.86 feet; thence
N.88°23'E. a distance of 306.42 feet; thence S.01°37'E. a
distance of 262.64 feet; thence S.88°23'W. a distance of 357.0.
feet; thence N.09°17'E. a distance of 267.46 feet to the True
Point of Beginning containing 2.00 acres, more or less.
(in the State of Colorado and County of Garfield); and
b0OK Ca) ME142
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;
WHEREAS, the Petitioners have demonstrated to the satisfaction of the -
Board of County.Commissioners of Garfield. County, Colorado, that there is
reasonable probability of locating domestic water on each of said tract,
that there is ad=s;_i'l t taj 3`_ ,and egcess 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", "B", and "C" from the above described 9.64 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, 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", "B"
and "C", and that a copy of the instrument or instruments of conveyance
when recorded shall be filed with this Resolution.
ATTEST. GARFIELD COUNTY BOARD OF COMMISSIONERS
GARFIELD COUNTY, COLORADO
Y)) f C �t Lr? rf✓l1!'
Clerk of the Board
Upon motion duly made and seconded the foregoing Resolution was
adopted by the following vote:
Eugene "Jim" Drinkhouse
Larry Velasquez
Flaven J. Cerise
Ay e
Aye
Aye
STATE OF COLORADO
County of'` Garfield
}
ss
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
Board of County Commissioners.
County Clerk and ex -officio Clerk of the