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HomeMy WebLinkAbout2.0 Resolution 81-48STATE OF COLORADO County of Garfield Ata regular } ss. FEBBODY, 566 r GEi24 fecr1rrk,.,,' ,7f JJ 0' �Q': M, FIB 24 193I Reception No. 312242MILCf cD ALSDORF, held at the Court House in Glenwood Springs on meeting of the Board of County Commissioners for Garfield County, Colorado, Monday , the....2.3.r:d day of February A. D. 19 81 , there were present: Flaven J. Cerise, Tempo ra rycommissioner Chairman Eugene "Jim" Drinkhouse 0 Arthur A. Abplanalp, Jr. Cheryl J. Koss, Deputy when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 81-48 , Commissioner , Commissioner , County Attorney , Clerk of the Board A RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION 1ROM THE GARFTFLD COUNTY SUBDIVISION REGULATIONS FOR CHARLES P. CAS'i'h:r:i . WHEREAS, Charles P. Castccl has petitioned the Board of County Commissioners of Garfield County, Colorado, for an exemption from the definition of the terms "subdivi- sion" 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 6 acre tract described as follows: In document #214911 filed in the Office of Clerk and Recorder of Garfield County, Colorado, into 3 tracts of approximately 2 acres each, more or less, which proposed tracts are more particularly described as follows: Parcel A parcel of land situated in the SW/4 NE/4 of Section 27, Township 7 South, Range 96 West of the Sixth Principal Meridian, Garfield County, Colorado lying Northerly of U.S. Highway 6 and 24, said Parcel No. 1 is more fully described as follows: Beginning at a point, whence the Southwest Corner of said Section 27 bears S.49°50'01"W. 4854.30 feet; thence N.49°35'16"W. 500.00 feet; thence N.41°13'00"E. 175.00 feet; thence S.49°35'16"E. 500.00 feet to a point, 50 feet, more or less, Northerly of said Highway; thence S.41°13'00"W. 175.00 feet to the Point of beginning, containing 2.01 Acres, more or less. Parcel A parcel of land situated in the SW/4 NE/4 of Section 27, Taanship 7 South, B: Range 96 West of the Sixth Principal Meridian, Garfield County, Colorado, lying Northerly of U.S. Highway 6 and 24, said Parcel No. 2 is more fully described as follows: Beginning at a point, whence the Southwest Corner of said Section 27 bears 5.49°15'21"W. 5200.62 feet; thence N.49°35'16"W. 500.00 feet; thence N.41°13'00"E. 175.00 feet; thence S.49°35'16"E. 500.00 feet to a point, 50 feet, more or less, Northerly of said Highway; thence S.41°13'00"W. 175.00 feet to the point of beginning, containing 2.01 Acres, more or less. Parcel A parcel of land situated in Lot 1 and the SW/4 NE/4 of Section 27, Township 7 C: South, Range 96 West of the Sixth Principal Meridian, Garfield County Colorado lying Northerly of U.S. Highway 6 and 24, said Parcel No. 3 is more fully described as follows: Beginning at a point, whence the Southwest corner of said Section 27 bears, S.49°15'21"W. 5200.62 feet; thence N.49°35'16"W. 500.00 feet; thence N.41°13'00"E. 175.00 feet to a point 50 feet, more or less, Westerly of a fence line as now constructed and in place; thence 5.49°35'16"E. along a 50 foot access raod, 500.00 feet to a point 50 feet, more or less, Westerly of said fence and 50 feet, more or less, Northerly of the Northerly right-of-way line of said Highway; thence S.41°13'00"W. 175.00 feet to the point of beginning, containing 2.01 Acres, more or less. (in the State of Colorado and 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 notfall 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. 3UUK 566 PAGE1.25 WHEREAS, the Petitioner has 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 subdivison 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 1T RESOLVED that the division of the above described "tracts "A", "B", and "C" from the above described 6 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 dividW 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 acfreement of the Petitioner 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.,. Ar1'EST : Deputy Cl- of = Board of County Conmi s oners Garfield County, Colorado THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY COLORADO Temporary CY3c irman Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: Flaven J. Cerise Aye Eugene "Jim" Drinkhou$e Aye 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.