HomeMy WebLinkAbout2.0 Resolution 81-79STATE OF COLORADO
County of Garfield
At a regular meeting of the Board of County Commissioners for Garfield County, Colorado,
held at the Court House in Glenwood Springs on Monday the Nth day of
March A. D. 19 81 , there were present:
Larry Velasquez
Flaven J. Cerise
•
ss.
Eugene "Jim" Drinkhouse
Arthur A. Abplanalp, Jr.
Cheryl J. Koss, Deputy
when the following proceedings, among others were had and done, to -wit:
, Commissioner Chairman
, Commissioner
, Commissioner
, County Attorney
, Clerk of the Board
RESOLUTION NO. 81-79
A RESOLUI'ICN CONCERNEDWITH GRANTING AN F=P ION FROM THE
GARFIELD COUNTY SUBDIVISION REGULATIONS FOR AIS J0:'NSCN,
RONALD RPDrKF, AND CLYDE YORK
VIHEREAS, Allen Johnson, Ronald Radtke, and Clyde York 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
.38 acre tract described as follows:
In Book 458, Page 158, filed in the Office of. Clerk and
Recorder of Garfield County,Colorado, into 2 tracts of
approximately .2 and .18 acres each, more or less,
which proposed divided tracts are more particularly
described as follows:
Tract A: A parcel of land situated in Lot 9, of Section
1, Township 7 South, Range 89 West of the Sixth P.N.,
lying Southerly of the Southerly richt-of-way line of
the Denver and Rio Grande Western Railroad (_Aspez Branch)
and Northerly of the Northerly right-of-way line of a
County Road as constructed and in place (old Colorado
State Highway No. 82), said parcel of land is described
as follows:
Beginning at a point on the Southerly right-of-way line
of said railroad whence an iron post with a brass cap
found in place an properly marked for the Northwest Corner
of said Lot 9, bears: N.57°36'00"W.896.77 feet and N.00°
38'00"1g.97.29 feet; thence 188.39 feet along the arc of a
curve to the right, having a radius of 1809.86 feet, the
chord of which bears: S.54°37'05" E. 188.30 feet; thence
S.00°34'00" E.54.14 feet to a point on the Northerly riaht-
of-way line of said highway; thence N.53°28'51"W. 218.07
feet along the Northerly right-of-way line of said highway;
thence N.32°24'00" E. 39.55 feet to a point on the southerly
right-of-way line of said railroad, the point of beginning.
The above described parcel of land contains 0.20 acres,
more or less.
Tract B: A parcel of land situated in Lot 9 of Section 1,
Township 7 South, Range 89 West of the Sixth P.M. lying
Southwesterly of the Southwesterly right-of-way line of the
Denver and Rio Grande Western Railroad (Aspen Branch) and
Northeasterly of the Northeasterly right-of-way line of a
county road as constructed and in place (Old State Highway
Number 82) described as follows:
Beginning at a point on the Southwesterly richt-of-way oine
of said. railroad, said point being on the northeasterly right-
of-way line of said county road; whence an iron post with a
braze. car. _.. pia= .. j.ropc. yS .. 'or ..
point to the southeast corner of sidt Lot 9 bears S. 54°23'
4" E. 275.72 feet; thence N. 53°23'00" W. 295.16 feet along the
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northeasterly right-of-way line of said county road; thence N.
00°34'00" W. 54.14 feet to a point on the southwesterly richt-of
way line of said. railroad; thence 331.39 feet along the arc of
a curve to the right having a radius of 1375.07 feet, the chord.
of which bears S. 45°53'20" E. 330.71 feet to the point of
beginning. The above described parcel of land contains 0.18
acres, more or less.
(in the State of Colorado and County of Garfield); and
WHEREAS, the Petitioners have demonstrated to the satisfaction of the
Board of County Carmtissioners 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
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" and "B", from the above described .38 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 Petitioners 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.
THE BOARD OF COUNTY COMISSIONERs
OF GARFIELD COUNTY, COLORADO
ATTEST: Cx e- _ r%3 -Q_ J
Deputy erk gf the Board
of County Commissioners
Garfield County, Colorado
Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote:
Velmquez Aye
Aye
....Eugene %Tie Dw.inislIguse Aye
STATE OF COLORADO
County of Garfield
ss
Commissioners
1, , 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.