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Home My WebLink About3.0 Resolution 80-151STATE OF COLORADO County of Garfield At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held at the Court House in Glenwood Springs on Monday , the 21st day of July A. D. 19 80 , there were present: Richard C. Jolley Flaven Cerise Larry Velasquez Arthur A. Abplanalp, Jr. Nancy Sprick Page when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 80-151 Commissioner Chairman Commissioner Commissioner County Attorney Clerk of the Board RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE GARFIELD COUNTY SUBDIVISION REGULATIONS FOR WALTER A. AND DOLORES A. STOWE WHEREAS, Walter A. and Dolores A. Stowe 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 2.04 acre tract described as follows: In Book 468, Page 588 as recorded in the Office ,f,Clerk and Recorder of Garfield County, Colorado into 2 tracts of approx- imately0.19 and 1.85 acres each, more or less, which proposed divided tracts are more particularly described as follows: Tract A: A tract of land situated in Lots 18, 20, and 21 of Section 1, all in Township 7 South, Range 89 West of the Sixth Principal Meridian, Garfield County, Colorado, more particularly described as follows: Beginning at a point whence an iron post with a brass cap set in place and properly marked for the Southeast Corner of Lot 36 of said Section 1 bears N.87°34'16"E. 932.Z7 feet, said point on the westerly line of a 20.00 foot roadway easement; thence along said roadway easement the following courses and distances; S.02°32'00"F. 4.20 feet; S.17° 00'00"E. 86.23 feet; S.18°38'00"E. 109.74 feet; S.04°41'00"E. 101.45 feet; S.15°10'00"E. 78.09 feet; S.00°17'00"E. 41.05 feet; S.05°43' 20"W. 44.40 feet; thence leaving said westerly line S.88°26'01" W. 115.85 feet to a point on the easterly line of a 20 foot roadway easement; thence along the easterly line of said 20 foot roadway easement the following courses and distances; N.06°13'49"W. 115.73 feet; N.29° 42'12"W. 82.41 feet; N.44°08'24"W. 65.48 feet; N.62°16'10"W. 56.50 feet; N.86°49'13"W. 30.84 feet; thence leaving said easterly line N.09°02' 12"W. 333.39 feet; thence S.80°40'12"E. 99.97 feet; thence N.09°19'48"E. 4.00 feet; thence N.39°35'11"E. 6.95 feet; thence S.80°40'12"E. 25.08 feet; thence N.09°19'48"E. 27.38 feet; thence N.87°47'00"W. 28.00 feet; thence N.47°52'32"W. 6.08 feet; thence N.02°13'00"E. 37.74 feet; thence S.87°47'00"E. 151.05 feet; thence S.01°14'00"W. 101.10 feet; thence S.87°06'00"E. 28.63 feet to a point on the westerly line of a 20.00 foot roadway easement; thence S.02°32'00"E. 86.77 feet along said west- erly line; thence N.87°47'00"W. 20.07 feet to the point of beginning, containing 2.98 acres, more or less. Tract B: A parcel of land situated in Government Lot 18 of Section 1, Township 7 South, Range 89 West of the Sixth Principal Meridian, Garfield County, Colorado, more particularly described as follows: Beginning at a point whence an iron post with a brass cap set in place and properly marked for the Southeast Corner of Government Lot 36 in said Section 1 bears S.82°28'32"E. 1214.97 feet; thence S.87°47'00"E. 112.03 feet; thence S.02°13'00"W. 37.74 feet; thence S.47°52'32"E. 6.08 feet; thence S.87°47'00"E. 28.00 feet; thence S.09°19'48"W. 27.38 feet; thence N.80°40'12"W. 25.08 feet; thence S.39°35'11"W. 6.95 feet; thence S.09°19'48"W. 4.00 feet; thence N.80°40'12"W. 99.97 feet; thence N.09°02'12"W. 64.05 feet to the Point of Beginning; containing 8073 square feet or 0.185 acres, more or less. 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 a full 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 pro- bability 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 per- mitted 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 2.04 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. ATTEST:�Alt De uty C rk ,of the Boar of Count Commissioners Garfield County, Colorado THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO Upon motion duly made and secoxicie Cn he o egoinJolley utin was adopted by the following vote: .r— Flaven Cerise Aye STATE OF COLORADO County of Garfield Larry Velasquez Aye Aye 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.