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HomeMy WebLinkAbout7.0 Resolution 83-138Rscordert at . ;,::.:2•1-74. ' `' S: M1L.DRdD .SDORF, RECORD itaEiCf Reception NO. STATE OF. COLORADO County of Garfield } ).ss • At a regular meeting cif the Board of County Commissioners for Garfield, Colorado, held at tine Commissioners' Annex in Glenwood Springs on Monday , the 13th day of June A..D. 19. 83 , there were present: Eugene "Jim" Drinkhouse , Commissioner Chairman Larry Velasquez , Commissioner Flaven J. Cerise , Comrnissioner. Earl Rhodes , County Attorney Mildred Alsdorf , Clerk of the Board when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 83-138 A RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE GARFIELD COUNTY SUBDIVISION REGULATIONS FOR HENRY W. DIETZ, IV. WHEREAS, HenrycW. Dietz, IV. 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 forthe division of a 12 acre tract described as follows: That parcel of land located .as described in Book 555, Page 329 as filed in the Office of the Clerk and Recorder of Garfield County, Colorado into 2 tracts'of approximately 9 acres and 3.84 acres each, more or less, which proposed divided tracts are more particularly described as follows: TRACT A: A parcel of land in the NE 1/4 o`. Section 25, Township 5 South, Range 91 West of the 6th Principal Meridian in Garfield County, Colorado and being more particularly described as follows: Beginning at the center 1/4 Corner of said Section 25; thence N.00°07'59"E. a distance of 435.67 feet to a point on the. Southwesterly right-of-way line of County Road No. 245; thence Southeasterly following a curve to the left along said right-of-way line whose radius is 639.81 feet and .whose central angle is 38°09'07" for an arc length distance of 426.03 feet and whose chord bears S.62°09'05"E. 418.21 feet; thence continuing along said right-of-way line following a curve to the sight having a central angle of 22°2.7'01" and a radius of 650.52 feet for, an arc length distance of 254.89 feet and whose chord bears S.70°00'08"E. 253.27 feet; thence continuing along said right-of-way line S.58°46'37"E. a distance of. 254.94 feet; thence 'continuing along said right-of-way line, along a curve to the left having a central angle of 01°09'34" and a radius of 1316.73 feet for an arc length distance of 26.65 feet and whose chord bears S.59' 21' 24"E. 26.65 feet to a point on the Southerly line of the N.E. 1/4 of said Section 25: thence S.89°27'50" i. and along the said Southerly line a distance of 849.76 feet more or less to the Point of Beginning. Containing 4.1412 acre, more or less. TRACT B: The parcel as described in Book 555, Page 329 with the exception of Tract A, as described above. (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 £�fl 9 VIE 10; ;.4 WHEREAS, the Petitioner -has '`demonstrated to the satisfactionof the.: Board o'f County Commissioners of.Garfield,.County,' Colorado, that there is a,reascnable'probability.of locating domestic water on each of said tracts,., that there is adequate. ingress and egress to said tracts, that the locat'i.in.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 12 acre.tract is hereby exempted from such definitions land said tract may. divided into tracts "A" and ."B",.ali as is more fully described above, and`said.divided trac"t:may be conveyed in the.,form of such smaller tracts without further compliance with the aforesaid subdivision statutes'and regulations.. In addition, a. copy... of. the instrument or instruments of conveyance when recorded shall be filed with this Resolution. ATTEST: Clerk of the. Board GARFIELD COUNTY BOARD OF COMMISSIONERS GARFIELD COUNTY, COLORADO Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: Eugene. "Jim" . Drinkhouse Aye Larry Velasquez Aye . Flaven J. Cerise Aye STATE OF COLORADO )ss County of Garfield 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.