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HomeMy WebLinkAbout3.0 Resolution 82-34STATE OF. COLORADO SS. County of Garfield HI 592 ?tiE6O9 'ecorder' at x'.3(0 o'clock M: ,FEB .9 1982 Reception No. 3=1W MILDRED ALSDORF, RECORDER At a r.e. .ia r meeting of the Board of County Commissioners for Garfield County, Colorado, held at the Court House in Glenwood Springs o Monday , the a th day of mon day biL A. D. 19 , there were present: Fla:men.....I Ce.r:is e. , Commissioner Chairman Eugene....Dr1nkhaus.e ,. Commissioner Larry "VeJ.as.quez , Commissioner E.a rJ.....G......RlA.de.s , County Attorney Leanne Cleland, Depi y Clerk of the Board when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 82-34 A RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION. FROM THE GARFIELD COUNTY SUBDIVISION REGULATIONS. FOR FRANCES AND ELWYN COULTER.; WHEREAS, Frances. and Elwyn. Coulter 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.1.973, 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 10 acre tract described, as follows that parcel of land as described in Document No. 223249. as filed in the Office of the Clerk and Recorder of Garfield County, Colorado into 2 tracts of approximately 2 and 8 acreseach, more or less, which proposed divided tracts are more.. particularly described as follows: TRACT A: A tract of land located in the SW1.of the SW4, Section 34, Township 5 South, Range .92 West of the 6th Principal Meridian, Garfield County, .Colorado, being more particularly described•. as follows: Beginning at the Southwest .Corner of Tract No. 57 of'Antlers Orchard Development Company's plat No. 1 recorded. July 23, 1909 from whence.. the Southwest Corner of said Section 34 bears S.45008'43"W. a distance of 42.32 feet; thence N.00°00100"E.. along the West line of said Tract 57, a distance of :439.00 feet; thence N.90°00'00"E. a distance of .236.00 feet; thence S.00°00'00"W. a distance of 325.00 feet; thence N.90°00'00"W. a distance of 145..00 feet, thence.S.00°00'00"W. a distance of 114.46 feet to a point on the South line of said Tract 57; thence N.89°42'35"W. along said South line, a distance of 91.00 feet to the Point of Beginning. Containing 2.0000 acres more or less. TRACT B: A tract of land located in the SWC of the SW1 of the SWC of Section 34, Township 5 South, Range 92 West of the 6th Principal Meridian Garfield County, Colorado and being more particularly described as follows.: Being all of Tract 57 of the Antler's Orchard Development Company's Plat No. 1 recorded July 23, 1909 exceptng`the following described parcel Beginning at the. Southwest Corner of Tract No. 57 of Antlers Orchard. Development Company's plat No. 1 recorded. July 23, 1909 from whence the Southwest Corner of said Section 34 bears S.45°08'43"W. a distance of 42.32 feet; thence N.00°00'00"E. along the Westline of said Tract 57, a distance of 439.00 feet; thence.N.90°00'00"E. a distance of 236.00 feet;. thence. S. 00°00`00"W. a distance of 325.00. feet; thence N.90°00'00"W. a distance of 145.00 feet, thence 5.00°00'00"W. a distance of. 114.46 feet to a point on the South line of said Tract 57; thence N.89°42'35"W. along said South line, a distance of 91.00 feet to the Point of Beginning. Containing 8.0000 acres moreor less. (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;.iubdivision review, and BOOK 592 r cE61O WHEREAS, the Petitioners have demonstrated to the satisfaction of the Board of CJunty Commissioners of Garfield County, Colorado, thatthere 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 purp'oses;and'intent of the subdivision regulations of the State of Colorado and the County of Garfield, and should, therefore, be exempted from the definition ofthe 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 10 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 conveyed in the form of such smaller tracts without further compliance with the aforesaid subdivision statutes and re g.ilations; provided, however, that this exemption is granted on the condition that and with the, express understanding and agreement of the Petitioners that no further exemptions be allowed on said tracts "A" and "B" and thata copy of the instrument or instruments of conveyance when recorded shall be filed with this Resolution, and further that at least a 5 gallon per minute interest in the well be conveyed with each parcel; that a maintenance easement to the well be conveyed with each parcel; and that at such time asthe present combined septic system needs to be rebuilt, individual septic systems built to county specifications will be developed for each parcel. ATTEST: BOARD OF COUNTY COMMISSIONERS GARFIELD COUNTY, COLORADO ty Clerk of the Board Chairman Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: Flaven J. Cerise Aye Eugene Drinkholise Aye Larry Velasquez Aye Commissioners STATE OF COLORADO ss County of Garfield • 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, the day of A. D. 19 County Clerk and ex -officio Clerk of the Board of County Commissioners.