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HomeMy WebLinkAbout3.0 Resolution 85-176STATE OF COLORADO County of Garfield tax 67 hGE922 ) ss Recorded a1:._ ( L as o'clock._ 1.5 ) .M n _ r"o ` c t ` ,a. ) ReQeption ji1^, 6 .I-' `u4 _ . .. !. r_r%riF, RECORDER 0'j , COLORADO meeting of the Board of County At a regular. Commissioners for Garfield Meeting Room, Garfield on Monday , the 7th present: County, Colorado, held at the Commissioners' County Courthouse in Glenwood Springs day of October A.D. 19 85 , there were Rotert Richardson , Commissioner Chairman Larry Schmueser , Commissioner Flaven J. Cerise , Commissioner Don DeFord , County Attorney Mildred Alsdorf , Clerk of the Board Roger Ludwig , Administrative Assistant when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 85-176 A RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE GARFIELD COUNTY SUBDIVISION REGULATIONS FOR JIM CHENOWETH. WHEREAS, Jim Chenoweth 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 April 23, 1984, Section 8:00 through 8:60 and for the division of a 23.74 acre tract as described in Book 432, page 282, as filed in the Office of the Clerk and Recorder of Garfield County, Colorado into two tracts of approximately 2.69 acres and 21.05 acres, more or less, which proposed divided tracts are more practically described as follows: TRACT A: See attached legal description for Tract 1. TRACT B: See attached legal description for Tract 2. (in the State of Colorado and the County of Garfield); and 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 28, Title 30, Colorado Revised Statutes 1973, as amended, for the reason that the division does not warrant further subdivision review; and WHEREAS, the Petitioner has demonstrated to the satisfaction of the Board of County Commissioners of Garfield County, Colorado, proof of a legal and adequate source of 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 Co orado 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; BOOK G76 raci923 NOW THEREFORE, BE IT RESOLVED that the division of the above described tracts "A" and "B" from the above described 23.74 acre tract is hereby exempted from such definitions and said tract may be divided into tracts "A" and "B", and conveyed in the form of such tracts "A" and "B", all as is more fully described above, however, this exemption is granted on the condition and with the express understanding and agreement of the Petitioner 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. Dated this 7th day of October ATTEST: Cle k of the Board , A.D. 1985. GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFIELD COUNTY, COLORADO Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: Robert Richardson Larry Schniueser Flaven J. Cerise Aye Aye Aye STATE OF COLORADO County Gay: f ield ) 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 Resolution 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 ;51K 676 PIGE924 PARCEL 1 A parcel of land located in the -northeast quarter of Section 5, R 91 W, 6th PM further described as follows: Beginning at.a point whence the East 1/4. corner of said section 5 bears S26 -.55-09E 1490.21 feet, thence .N89 -00--21E 260.13 feet, thence N00 -53-30W 1288.04 feet to a point on the north line of said NE 1/4 of section 5 thence along. said north line N89 -16--40W 919.72 feet, thence S00 -45--00E 921..53.;;.,eet, thence N89 -22-00E 423.69 feet, thence N53 -40-30E 302.13 feet,. thence South 566'.26 feet to the point of beginning costa± ninq 21.05 acres more or less. PARCEL 2. A parcel of land located in the northeast quarter of Section 5, T 6 S, R 91 W, 6th PM further described as follows: Beginning at a point whence the East 1/4 corner of said section 5 bears S26 -55-09E 1490.21 feet, thence 589-00-21W 246.50 _:eet, thence N00 -26 -ROE 391.52 feet, thence N53 -40-30E 302.23 feet, thence South 566.26 feet to the point of beginning containing 2.69 acres. more or less.