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HomeMy WebLinkAbout2.0 Resolution 81-88STATE OF COLORADO County of Garfield Ata regular ss. t3flW( 569 P GE658 :Dcord; C ct o'dc:k SPA. PR 1 5 1981 Reception No. 312911 MILDRED ALSDORF, RECORDER Monday meeting of the Board of County Commissioners for County, Colorado, held at the Court House in Glenwood Springs on , the Si lt77 dayof April A. D. 19 81 , there were present: Larry Velasquez Flaven J. Cerise Eugene "Jim" Drinkhouse Arthur A. Abplanaip, Jr. Cheryl. J. Koss, Depufy , Commissioner Chairman , Commissioner , Commissioner , County Attorney , Clerk of the Board when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 81-88 WHEREAS, Glenn and Edna Dalton 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 35 acre tract described as follows: In document X6282076 filed in the Office of Clerk and Recorder of Garfield County, Colorado. into three tracts of approximately 31, 2, and 2 acres each, more or less, which proposed divided tracts are more particularly described as follows: Tract A: A parcel of land situated in Lot 2, Section 5, Township 7 South, Range 94 West of the 6th P.M., and being more particularly described as follows: Beginning at the North 4 Corner of said Section 5, said corner being a stone corner properly marked and set, thence S24°15'13" E. 971.96 feet to the True Point of Beginning, with all bearings contained herein being relative to a bearing of N89°28'33"E. on the line between North 4 Corner and the Northeast Corner of said Section 5; thence N49°54'56"W. 359.46 feet to a point in the centerline of County Road No. 301; thence the following courses along said centerline: N45°38'58"E. 130.08 feet; thence 79.61 feet along the arc of a 330.47 foot radius curve to the left the chord of which is N38°44'54"E. 79.42 feet; thence leaving said centerline S67°19'55"E. 332.57 feet: thence S34°16'35"W. 310.00 feet to the True Point of Beginning. Said parcel of land contains 2.00 acres, more or less. Undivided one-third interest in that water well permit No. 96909 issued by the Colorado Division of Water Sources, together with an easement for a pipeline to be constructed from said well across that real property described in deed recorded in Book 503 at Page 298 to that real property conveyed to the second parties in deed recorded in Book 567 at Page 203 in the office of the Garfield County Clerk and Recorder. There is excepted from this land, along its northwesterly boundary, a right of way of undetermined width for County Road No. 301. Tract B: A parcel of land situated in Lot 2 and Lot 3, Section 5, Township 7 South, Range 94 West of the 6th P.M., and being more particularly described as follows: Beginning at the North 4 Corner of said Section 5, said corner being a stone corner properly marked and set, thence S24°15'13"E. 971.96 feet to the True Point of Beginning, with all bearings contained herein being relative to a bearing of N89°28'33"E. on the line between North 4 Corner and the Northeast Corner of said Section 5; thence S34°16'35"W. 220.00 feet; thence N55°43'28"W. 368.46 feet to a point in the centerline of County Road No. 301; thence the following courses along said centerline: N34°16'35"E. 147.46 feet; thence 109.63 feet along the arc of a 552.38 foot radius curve to the right the chord of which is N39°57'45"E. 109.46 feet; thence leaving said centerline S49°54'56"E. 359.46 feet to the True Point of Beginning. Said parcel of land contains 2.00 acres, more or less. Undivided one-third interest in that water well permit No. 96908 issued by the Colorado Division of Water Sources, together with an easement for a pipeline to be constructed from said well across that real property described in deed recorded in Book 503 at Page 298 to that real property conveyed to the second parties in deed recorded in Book 567 at Page 202 in the office of the Garfield County Clerk and Recorder. BOOK 569 rAGE659 There is excepted from this land, along its northwesterly boundary, right of way of undetermined width for County Road No. 301. in the State of Colorado and County of Garfield); and 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, and WHEREAS, the Petitioners have 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 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 35 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. Dated this 13th day of April , A.D. 1981. THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO BY: Chairman ATTEST- Deputy Cl rk of t• e Board of County Com sioners Garfield County, Colorado Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: Larry Velasquez Aye Flaven J. Cerise Aye Eugene "Jim" Drinkhouse Aye STATE OF COLORADO ss County of Garfield 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.