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HomeMy WebLinkAbout2.0 Resolution 81-124STATE OF COLORADO County of Garfield Ata regular S5. 571 P E 26 v r' 1 M. ILLY -71981 Receis.tion No. 3146-03 MILD RED ALSDORF, RECORDER meeting of the Board of County Commissioners for Garfield County, Colorado, held at the Court House in Glenwood Springs on Ma.y A. D. 19 $1 Monday , the 4th day of , there were present: Larry Velasquez Flaven J. Cerise Eugene "Jim" Drinkhouse Arthur A. Abplanalp, Jr. Cheryl J. Koss, Deputy when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 81-124 , Commissioner Chairman , Commissioner , Commissioner , County Attorney , Clerk of the Board A RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE GARFIELD COUNTY SUBDIVISION REGULATIONS FOR PORTIA CARLSON WHEREAS, Portia Carlson 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 January 2, 1979, Sections 2.02.21 (d) and 3.02.01 for the division of a 80 acre tract described as follows: That parcel of land as described in Document No. 232030 as filed in the office of the Clerk and Recorder of Garfield County, Colo- rado, into 3 tracts of approximately 2 and the remaining 74 acres each, more or less, which proposed divided tracts are more partic- ularly described as follows: Lot A: A tract of land situated in Lots 4 and 5 of Section 32, Township 7 South, Range 87 West of the 6th Principal Meridian, Garfield County, Colorado, lying southerly of and adjacent to the Northerly boundary line of said Lot 4 and being more particularly described as follows: Beginning at a point on the Northerly boundary line of said Lot 4 whence a stone corner found in place for the Witness Corner to the Northwest Corner of said Section 32 bears S 89°49'14" W 1334.56 feet; thence N 89°49'14" E 200.00 feet along the Northerly boundary line of said Lot 4; thence S 12°57'26" E 451.24 feet; thence South 90.00 feet; thence West 200.00 feet; thence North 90.00 feet; thence N 12°58'30"W 450.63 feet to the point of beginning, containing 2.43 acres more or less and subject to and together with an access easement as construct- ed and in place. Lot B: A tract of land situated in Lot 4 of Section 32, Township 7 South, Range 87 West of the 6th Principal Meridian, Garfield County, Colorado, lying southerly of and adjacent to the Northerly boundary line of said Lot 4 and being more particularly described as follows: Beginning at a point on the Northerly boundary line of said Lot 4 whence a stone corner found in place for the Witness Corner to the Northwest Corner of said Section 32 bears S 89°49'14" W 1136.06 feet; thence N 89°49'14" E 202.49 feet along the Northerly boundary line of said Lot 4; thence S 12°58'30" E 450.63 feet to a point on the South- erly boundary line of said. Lot 4; thence West 301.40 feet along the Southerly boundary line of said Lot 4; thence N 00°17'59" W 438.92 feet to the point of beginning, containing 2.54 acres more or less and subject to and tohether with an access eacement as constructed and in place. Lot C: A tract of land situated in Lot 4 of Section 32, Township 7 South, Range 87 West of the 6th Principal Meridian, Garfield County, Colorado, lying southerly of and adjacent to the Northerly boundary line of said Lot 4 and northerly of and adjacent to the Southerly boundary of said Lot 4 and being more particularly described as follows: Beginning at a point on the Northerly boundary line of said Lot 4 whence a stone corner found in place for the Witness Corner to the Northwest Corner of said Section 32 bears S 89°49'14" W 1136.06 feet; BOOK 571 PAGE 27 thence S 00°17'59" E 438.92 feet to a point on the Southerly boundary line of said Lot 4; thence West 198.80 feet along the Southerly bound- ary line of said Lot 4; thence N 00°17'59" W 437.87 feet to a point on the Northerly boundary line of said Lot 4; thence N 89°49'14" E 198.80 feet to the point of beginning, containing 2.00 acres more or less, and subject to and together with an access easement as constructed and in place. (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 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 Petitioner has demonstrated to the satisfaction of the Board of County Commissioners of Garfield County, Colorado, that there is a reason- able "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 80 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 if granted on the condition and with the express understanding and agreement 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. ATTEST: ,4 Deputy C3rk o/ of County Commis Garfield County, L./ he Board sioners Colorado THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO BY: Chp firman Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: Larry Velasquez Aye Flaven J. Cerise Aye Aye STATE OF COLORADO County of Garfield Eug.ene "Jim" Drinkhouse ss 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.