HomeMy WebLinkAbout4.0 Resolution 83-306Recorded at�+ "o'clock � M .26 1983
Reception No 3 (5053 MILDRED ALSDORF, RECORDER
• BOOK
-STATE -.OF ':COLORADO..;.::..:1
).ss-.
County of Garfield .: )
"636 PAGE g2s
At; a'. - regular __..._: meeting -o 'the .,Board -'of County
Cormmiss.ioners, for Garfield,`Colorado', held at the .Commis s•ioners' :'Annex:'"i'
Glenwood• Spring on__ Monday,_^ , the 26th. day: of ."':Pteiriber yA D.
19 _-", ethere were present
Eugene "Jim" Dr nl'house
g �`;' Commissioner .Ch'a-firman.
Larry Velasquez `absent) • : Commissioner •
Flaven J. Cerise
_Earl:_Rhodes
:Mildred_Alsdorf
Commissioner
County Attorney
Clerk of the Board
when the following proceedings, >among : others -were had' -and :done to -wit
RESOLUTION NO. ` 83=.306..
A RESOLUTION CONCERNED :WITH. -GRANTING ;AN,:EXEMPTION.; FROM
SUBDIVISION-
REGULATIONS- FOR ;Mumber t & Laur ine. Cerise
WHEREAS, Mumbert &:.Laurine Cerise have 'Petitioned' the:<:Board ..of County,`
Commissioners of Garfield' County, Colorado, for . an: exerption- from the:
definition of the terms "Subdivision" and "subdiv.ided`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, 19.79, Sections 2:02.21-(d)
and 3.02.01 for the, division of a 333 acre tract described as follows:
that parcel of band as described in Book: 367, Page ..147, as filed in -the-
Off ice
:the.Office of the Clerk and Recorder of Garfield County, Colorado, into 2
tracts of approximately 5 acres and 328 acres each, more :or - less,. which_
proposed tracts are more particularly described.as fLilows:.
TRACT A: A tract -of land situated in Lot 7 of Section 32, Township ,7
South, Range -.87 West : of the 6 P.M.; Garfield County,
Colorado, lying northerly of and adjacent to the--Norther.Iy
right-of-way lin of State Highway No. .82 ands :being more
.particularly described as follows:
Beginning at a point on the Northerly right-of-wayline of.
said State Highway No. 82 whence a. stone is found in place
and properly marked for the. Witness Corner to the Northwest
" Corner of said Section 32 bear::: N. 79°59'37".w.234.37 feet
and N. 54°26'2.1"``W.3013.63 feet;. thence. N. 35°4.4'26" E.
109.75 feet to a point on a fence as built . and in ;place;
thence N.01°2l' 48" E 300.00 feet along said fence; thence
$.79°59'37" E. 550.76 feet; thence S.01°21'48" W..400.00.
feet to a point on the Northerly right-of-way line of said
State Highway No. 82; thence N. 79°59.'37". W. 613.44:; feet
.along said Northerly right-of-way line to the point of
beginning, containing 5.07 acres more or less.
Together with 0.3 c.f.s. adjudicated June 20, 1958, to the
Blue Creek Lateral Ditch No 479, priority date May 1, 1946,
for irrigation and domestic purposes, and reserving a right
of way for access and maintenance of said ditch by ditch
users.
THE-:GARFIELD.- COUNTY
TRACT B The remaining 328 acre parcel.
VHEREAS, the Petitioners have derionstratedto. the satisfaction of
the Board of County_ Commissioners of Garfield:County,-Colorado, that
the proposed division does notfall within the purposes of Part 1,,
.,,Article 28, T tle30, Colorado Revised Statutes. 1973, as amended, for
the reason that the impact created does not warrant further
subdivision review, and
•
13a°KT63G .. PAGE2.
WHERAS,-thePetitiOners:haveemonstrated::'-tO;-the:satiSfactpn:,of
the Board of County Coinrnissioners of Garfield County; Colorado,,,, that
there is areasonable-•probal?ility of: locating domestic water, on each
of said rac , tliat there is adequate ingress and egreSs-to•-said..y.
•
tracts, that the location of septic tanks will .be permitted by the
Colorado Deparriierit of _leau-,..111that the requested division is not part
of ari existing or _larger -.development and 'does not fall within the
• ••••
general purposes and intent of the subdivision regulations•L•l
of Ce..
State of Colorado and the County of, Garfield, and should, therefore,
be 'exempted from • the definition of, the terrns "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" 'anO, "13" ..froth the above described 333 acre tract is
hereby ,exempted. from .such definitions and. said tract..may.. divided into
tracts "A" .and "13", all as s 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;.`
pro-
vided, however, that this exemption is granted on the condition and with
the express understanding and agreement of the: Petitioner(s) that no
further E.,..xemptions be alic.)wed onsaid.tract and •that a copy of the
instrument or instruments' of -conveyance when -redordedshall be, 'filed.with
this Resolution;
. • .
Dated this 26th day. of September
. . . . . • : •
ATTEST:
GARFIELD, COUNTY BOARp.pF -COMMISSIONERS:.
- .
GARFIELD COUNTY, COLO ADO - •
Z• •
. ,
Clerk of the Boar rman
Upon motion duly made. and seconded the foregoing. Resolution was
adopted by the following vote •
EtIgene "Jim" Drinkhouse Aye • .
Larr_y__IT.elas_quez
Fl aven J. •Ceriee Aye •
STATE OF COLORADO )
County' of Garfield
• . • , County Clerk and ex -officio Clerk
of the Board of County Commissioners, in and for the.. County and State . *.
, .
B00K
aforesaid do h reb . certif tha
y y` t the annexed and:. foregoing Order is tr:u".
copied from the Records of ;the ;Proceedings of the Board of Count'
•
funty,';'now zn my offlcci
IN, rr ITN]JSS ``NHERI:OF` . Z have hereunto .set ;m, .hand, and.>a
sazc� County, at Glenwood: Springs:, this: ' . ` day of':._.
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Boar'
Co u.n'+
�onm1ss` ones:
olthi t y
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