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HomeMy WebLinkAbout4.0 Resolution 85-182STATE OF COLORADO County of Garfield )ss ) Recorded at 2 : ,z. o'clock P__m. NOV 0 5 1985 . Reception No. aCGJOI4 MILDRED ALSDORF, RECORDER GARFIELD COUNTY, COLORADO f BOOK G78 PAGE332 At a regular meeting iof the Board of County Commissioners for Garfield County, ColoraEo, held at the Commissioners' Meeting Room, Garfield County Courthouse in Glenwood Springs on Monday , the 4th day of November A.D. 1985 , there were present: Robert Richardson , Commissioner Chairman Larry Schmueser , Commissioner Flaven J. Cerise , Commissioner Don__DeFord , County Attorney Mildred. Alsdorf , Clerk of the Board Roger Ludwig , Administrative Assistant when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 85-182 A RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE GARFIELD COUNTY SUBDIVISION REGULATIONS FOR JERRY FAZZI AND JON JULIUS. WHEREAS, Jerry Fazzi and Jon Julius 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 April 23, 1984, Section 8:00 through 8:60 and for the division of an 11.87 acre tract as described in Book 644, Page 173, as filed in the Office of the Clerk and Recorder of Garfield County, Colorado into two tracts of approximately 4.37 acres, and 7.50 acres, more or less, which proposed divided tracts are more practically described as follows: TRACT A: See attached legal description for Parcel A. TRACT B: See attached legal description for Parcel B. (in the State of Colorado and the 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 division does not warrant further subdivision review, and WHEREAS, the Petitioners have demonstrated to the.satisfaction of the Board of County Commissioners of Garfield County, Colorado, proof of a legal and adequate source of water on each of said tracts, that there is adequate ingress and egress to said tracts, that the location of septic tanks will oe 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; BflU 678 ro333 NOW THEREFORE, BE IT RESOLVED that the division of the above described tracts "A" and "B" from the above described 11.87 acre tract is hereby exempted from such definitions and said tract may be divided into tracts "A" and "B", and conveyed in the form of such tracts "A" and "B", all as is more fully described above, 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. Dated this 4th day of November , A.D. 1985 ATTEST: C exk of the Board THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO By: Upon motion duly made and seconder: the foregoing Resolution was adopted by the following vote: Robert Richardson Larry Schmueser Flaven J. Cerise Aye Aye Aye STATE OF COLORADO ) 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 Resolution 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 BOOK 678 PAGE334 PARCEL A October 1, 1985 A parcel of land situate in the NW' of the \'E4 Section 9 and the S;•:!I: of the SE` Section 4., all in Township 6 South, Range 92 West of the 6th Principal Meridian • described as follows: Beginning at a point on the I!est line of said NW` of the NE=L whence the Section corner common to Section 3, 4, 9 and 10 Located at the intersection of 1st Street and Grand Avenue in the Town of Silt, Colorado bears North 00°32'42" West 163.48 feet and North 89°14'35" East 2637.29 feet; thence South 86°47'1S" East 724.70 feet;. thence South 287.84 feet to a point on the northerly right-of-way of U.S.Highway 6 and 24; thence along said right-of-way the following four courses, 230.43 feet along the arc of a curve to the right having a radius of 5595.78 feet of which the chord bearing is North 86°3].'47" West 230.42 feet; thence North 85°21'00 West 148.25 feet; thence North 04°39'00" East 40.00 feet; thence North 85°21'00" West 347.96 feet to a point on said West line of the NWT. of the NE4; thence North 00°32'42" West 234.32 feet to the point of beginning and containing 4.37 acres more or less. Subject to an easement for ingress and egress purpose, being 30 feet in width in which the centerline is described as follows: Beginning at a point on the southerly right-of-way of U.S. Highway 6 and 24, whence the Southeast Corner of Section 4 bears North 77°33'18" East 2329.48 feet; th.nce North 04°39'00" East 283.10 feet to the point of termination. PARCEL B October 1, 198: A parcel of land situate in the NW% of the NEI?: Section 9 and the SIJ of the SE-_ Section 4, all in Township 6 South, Range 92 (Jest of the 6th Principal Meridian described as follows: Beginning at a point on the West line of said NW; of the NES whence the Section Corner common to Section 3, 4, 9 and 10 located at the intersection of 1st Street and Grand Avenue in the Town of Silt. Colorado bears North 00°32'42" West 163.48 feet and North 89°14'35" East 2637.29 feet; thence North 00°32'42" West 163.48 feet; thence along the West line of said SW of the SE4 North 00°31'52" West 286.78 feet; thence leaving said West line and alongside a fence South 86°47'15" East 728.92 feet; thence leaving said fence South 450.00 feet; thence North 86°47'15" West 724.70 feet to the point of beginning and containing 7.50 acres 'more or less. Together with an easement for ingress and egress purpose, being 30 feet in width in which the centerline is described as follows: Beginning aL a point on the southerly right-of-way of U.S. Highway 6 and 24, whence the Southeast Corner of Section 4 bears North -77°33'18" East 2329.48 feet; thence North 04°39'00" East 283.10 feet to the point of termination.