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HomeMy WebLinkAbout3.0 Resolution 81-284STATE OF COLORADO County of Garfield Ata regular ss. Recorded at /'2? o'clock A M. SEP 2 3 1981 Reception No. 94:39 MILDRED ALSDORF, RECORDER held at the Court House in Glenwood Springs on meeting of the Board of County Commissioners for Garfield County, Colorado, Monday ,the 21st day of September A. D. 19 81 , there were present: Larry Velasquez Flaven J. Cerise Eugene "Jim" Drinkhouse Earl G. Rhodes Cheryl J. Kossf Deputy when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 81-284 Commissioner Chairman Commissioner , Commissioner , County Attorney , Clerk of the Board RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE GARFIELD COUNTY SUBDIVISION REGULATION FOR TIM CALLAHAN WHEREAS, Tim Callahan 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 54.1 acre tract described as follows: In document No. filed in the Office of Clerk and Recorder of Garfield County Colorado, into 2 tracts of approximately 8.382 and 45.708 acres each, more or less, which proposed divided tracts are more particularly described as follows: TRACT A: Beginning at a point on the North/South center- line of Section 27, Township 6 South, Range 92 West of the 6th Principal Meridian whence the South 4 of said Section 27 bears S 0°36'05" E, 622.31 feet; thence N 0°36'05" W, 700.00 feet along said North/South centerline of Section 27 to the Northwest Corner of the SW4SE4 of Section 27; thence N 89°21'19" E, 423.96 feet along the north line of said SWI4SE4 thence S 18°00'00" W, 239.22 Feet; thence S 42°00'00" E, 397.00 Feet; thence S 23°00'00" E, 150.00 feet; thence S 56°30'00" W, 206.00 feet; thence N 82°00'00" W, 500.00 feet to the point of beginning. Containing 8.382 acres, more or less. TRACT B: Beginning at the South one-quarter corner of Section 27, Township 6 South, Range 92 West of the 6th Principal Meridian; thence N 0°36'05" W, 622.31 feet along the North/South centerline of Section 27; thence S 82°00'00" E, 500.00 feet; thence N 56°30'00" E, 206.00 feet; thence N 23° 00'00" W, 150.00 feet; thence N 42°00'00" W, 397.00 feet; thence N 18°00'00" E, 239.22 feet to a point on the north line of the SW4SE4 of Section 27; thence N 89°21'19" E, 894.52 feet along said north line of the SW4SE4 to the Northeast Corner of said SW4SElt of Section 27; thence S 0°38'15" E, 1318.48 feet along the east line of the SW4SE4 of Section 27 to the Southwest Corner of said SW1/4SE4; thence S 0°36'43" E, 332.90 feet along west line of the NWaNE'-., of Section 34 to a point on the northerly right of way line of a public road in place; thence along said northerly right of way line the following five courses: N 63°03'55" W, 67.60 feet; thence S 69°39'51" W, 391.17 feet; thence S 80°54'46" W, 287.87 feet; thence S 63°52'36" W, 280.70 feet; thence N 82°41'58" W, 356.82 feet to a point on the North/ South centerline of Section 34; thence N 0°34'39" W, 543.27 feet to the point of beginning. Containing 45.708 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 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 a full subdivision review, and tujK 581 ri;CES1G 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 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" and "B" from the above described 54.1 acre tract is hereby exempted from such definitions and said tract may be divided into tracts "A" and "B", 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 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. This exemption is also granted with the condition that a fee of $1,000.00 be assessed for the impact of the subdivision on the Silt Bridge. Also, that a interest in the existing domestic well be conveyed to the new lot with easements to that lot for water. ATTEST: i //Clerk -26 f the Board THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO By: 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.