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HomeMy WebLinkAbout2.0 Resolution 82-109BooK 599 mE228 STATE OF COLORADO Recorded at a..1- o'clock I M. MAY 121982 County of Garfield Reception No. 327661 MILDRED ALSDORF, RECORDER At a r.e.gulai meeting of the Board of County Commissioners for Garfield County, Colorado, held at the Court House in Glenwood Springs on Noti.day , the..1..0.th day of May A. D. 19..82 , there were present: k.ls,:7.ez?....J iiex:,a.e , Commissioner Chairman E>,lgennkh,Qua e , Commissioner Larry Ve l,a.ss ,1 gg , Commissioner Earl Rhodes , County Attorney Leanne Cleland, Dep,Uty , Clerk of the Board when the following proceedings, among others were had and done, to -wit: RESOLUTION N0.8 2 -10 9 A RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE GARFIELD COUNTY SUBDIV.ISION REGULATIONS FOR DARLENE DODO. WHEREAS, Darlene Dodo 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 9 acre tract described as follows: That parcel of land as described in Document No. 306652 as filed in the Office of the Clerk and Recorder of Garfield C�.unty,- Colorado into 2 tracts of approximately 4 & 5 acres each, more or less, which proposed divided tracts are more particularly described as follows: TRACT:A: A parcel of land located in the N2 of the NW% of Section 31, Township 5 South, Range 92 West of the 6th Principal Meridian. Commencing at the. NW Corner of said Section 31, thence N.89°42'00"E. 264.55 feet, thence S.00°18'00"E: 77.80 feet. To the point of beginning, thence N.88°22'58"E. 383.04 feet, thence S.5°45'57"W. 76.69 feet, thence S.30°47'38"E. 155.25 feet, thence S.4°30'54", 125.42 feet, thence S.31°40'48"E. 99.91 feet, thence N.89°53'21"W. 287.85 feet to the easterly right-of-way line of County Road 217, N.27°08'58"W. 458.92 feet to the point of beginning, containing 5 acres more or less. TRACT B: A parcel of land located in the N2 of the NW1.4 of Section 31, Township 5 South, Range 92 West of the 6th Principal Meridian described as follows: Beginning at the NW Corner of said Section 31, thence S.00°11'30"E. along the west line of said Section 31 a distance of 483.88 feet: thence S.89°53'31"E. a distance of 438 feet more or less to the westerly right-of-way of County Road 217; thence northwesterly along said westerly right-of-way of County Road 217 to the point of intersection of said right-of-way and the north line of said Section 31; thence S.89°42'00"W. along said north section line a distance of 157 feet more or less to the True Point of Beginning; containing 4 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 property is split by a public right-of-way, State Highway 325, and 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; Bor 599 P4GE229 NOW, THEREFORE, BE IT RESOLVED that the division of the above described tracts "A" and "B" from the above described 9 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 under- standing and agreement of the Petitioner that nofurther 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. ATTEST: BOARD OF COUNTY COMMISSIONERS GARFIELD COUNTY, COLORADO �15e t, , „„ y Clerk of the Board Chairman J Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: Flaven J, Cerise STATE OF COLORADO County of Garfield Eugene Drinkhouse Larry Velasquez ss Aye Aye Aye 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.