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HomeMy WebLinkAbout3.0 Resolution 81-143STATE OF COLORADO County of Garfield Ata regular held at the Court House in Glenwood Springsi n Tues day , the 12th day of May A. D. 19 , there were present: Larry Velasquez Flaven J. Cerise Eugene "Jim" Drinkhouse Earl G. Rhodes, Assistant Cheryl J. Koss, Deputy when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 81-143 Recorded at wnY 5?! P GE436 o'clock p M. ?d1AY_ 13 1S81 Recept'on No. M 477!-7:: MILDRED ALSDORF, RECORDER rneeting of the Board of County Commissioners for Garfield County, Colorado, , Commissioner Chairman , Commissioner , Commissioner , County Attorney , Clerk of the Board A RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE SUBDIVISION REGULATIONS OF GARFIELD COUNTY, COLORADO FOR CHARLES FIMPLE. WHEREAS, Charles Fimple 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 .48 acre tract described as follows: In document # 258269 filed in the Office of Clerk and Recorder of Garfield County, Colorado into 2 tracts of approximately .25 and .226 acres each, more or less, which proposed divided tract(s) are more particularly described as follows: Tract A: A parcel of land situated in the NE4 SW4 of Section 22, Township 6 South, Range 89 West of the Sixth Principal Meridian, lying Northerly of the Northerly right-of-way line of Colorado State Highway No. 82, said parcel of land is described as follows: Beginning at a point whence the Northwest Corner of the NE4 SW1/4 of said Section 22 bears: N.22°54'00"W. 655.79 feet; thence N.15°17'00"E. 98.00 feet; 15 foot road easement; thence S.00°37'41"W. 3.15 feet along said road asement; thence 34.28 feet along the arc of a curve to the right, having a raduis of 36.71 feet, the chord to which bears: S.27°22'31"W. 33.04 feet; thence S.54°07'24"W. 45.07 feet along said road easement; thence S.25°28'00"W. 16.79 feet to a point on the Northerly right-of-way line of said highway; thence N.70°05'30"W. 25.67 feet along the Northerly right-of-way line of said highway; thence N.670 37'30"W. 55.72 feet along the Northerly right-of-way line of said highway to the point of beginning. The above described parcel of land contains 0.226 acres, more or less. Tract B: A parcel of land situated in the NE4 SW4 of Section 22, Township 6 South, Range 89 West of the Sixth Principal Meridian, Garfield County, Colorado, more particularly described as follows: Beginning at a point whence the Northwest Corner of the NE4 SW4 of said Section 22 bears N.37°15'11"W. 642.83 feet; thence 5.52°52'00"E. 1.16 feet to a point on the westerly right-of-way line of a 15 foot road easement; thence along the said westerly right-of-way the following courses and dis- tances; thence 6.87 feet along the arc of a curve to the right, having a radius of 83.50 feet, chord bears S.01°43'40"E. 6.87 feet; thence S.00° 37'41"W. 40.76 feet; thence leaving said westerly right-of-way, N.65°08'08"W. 119.91 feet; thence N.15°17'00"E. 90.08 feet; thence S.73°32'00"F. 115.85 feet; thence S.25 28'00"W. 62.25 feet to the point of beginning, containing 0.25 acres, more or less. 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. I3O{ K 571 PAGE X3'7 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 anddoes 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", "B" from the above described .48 acre tract is hereby exempted from such definitions and said tract may be divided into tracts "A", "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 stat- utes and regulations; provided, however, that this exemption is granted on the condition and with the express understanding and agreement of the Petitioner(s) that no further exemptions be allowed on said tract(s) "A", "B", and that a copy of the instrument or instruments of conveyance when recorded shall be filed with this Resolution. ATTEST: Deputy Cl ept(of 1ic� Board of County Commis'si oners Garfield County, Colorado BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO By: Chairm4n 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 STATE OF COLORADO ss County of Garfield Aye 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.