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HomeMy WebLinkAbout2.0 Resolution 80-114STATE OF COLORADO ss. County of Garfield Recorded cif • fr o'clock -i) M. juN 17 1980 Reception No. 304790 MILDRED ALSDORF, RECORCER 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 16th day of June A. D. 19 80 , there were present: Richard C. Jolley , Commissioner Chairman Flaven J. Cerise , Commissioner BOOK 550 PiGE281. , Commissioner Arthur A. Abplanalp, Jr, County Attorney Nancy Spri ck Paget DeputyClerk of the Board when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 80-114 RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE GARFIELD COUNTY SUBDIVISION REGULATIONS FOR RAY FENDER WHEREAS, Ray Fender has petitioned the Board of County Commissioners of Garfield County, Colorado, for an exemption from the definition of the terms "subdivision" and Jubdivided 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 18.0 acre tract described as follows: that parcel of land as described in Document No. 301119 as filed in the Office of the Clerk and Recorder of Garfield County, Colorado into 3 tracts of approximately 4.08, 5.07 and 8.86 acres each, more or less, which proposed divided tracts are more particularly described as follows: Tract A: A tract of land situated in Lot 8 of Section 28, Township 7 South, Range 88 West of the 6th Principal Meridian, Garfield County, Colorado, lying westerly of the Easterly boundary line of the SE -4 of said Section 28 and being more particularly described as follows: Beginning at a brass cap found in place and properly marked for the E4 Corner of said Section 28; thence 5.01°46154" W. 944.97 feet along the Easterly boundary line of the SEa of said Section 28; thence N.78°20'58" W. 45.58 feet; thence N.69007'24" W. 269.70 feet; thence N.68°48'24" W. 78.00 feet; thenc N.26°10'54" E. 903.72 feet to the point of beginning, containing 4.38 acres more or less. Tract B: A tract of land situated in Lots 7 and 8 of Section 28, Township 7 South, Range 88 blest of the 6th Principal Meridian, Garfield County, Colorado, being more particularly described as follows: Beginning at a brass cap found in place and properly marked for the E4 Corner of said Section 28; thence S.26°10'54" W. 903.72 feet; thence N.68°48'24" W. 202.00 feet; thence N.25°19'52" E. 1069.09 feet to a point on the Northerly boundary line of said Lot 7; thence N.88°34142" E. 130.00 feet along the Northerly boundary line of said Lot 7 to a point on the Easterly boundary line of the NEa of said Section 28; thence S.00°04'18" W. 231.55 feet along the Easterly boundary line of the NE4 of said Section 28 to the point of beginning, containing 5.07 acres more or less. Tract C: A tract of land situated in Lots 7, 8 and 9 of Section 28, Township 7 South, Range 88 West of the 6th Principal Meridian, Garfield County, Colorado, being more particularly described as follows: Beginning at a point on the Northerly boundary line of said Lot 7 whence a brass cap found in place and properly marked for the E4 Corner of said Section 28 bears N.88°34'42" E. 130.00 feet and S.00°04'18" W. 231.55 feet; thence 5.25°19152" W. 1069.09 feet; thence N.68°48'24" W. 48.90 feet; thence N.71°52'54" W. 234.20 feet; thence N.52°29'24" W. 57.10 feet; thence S.89°44'06" W. 0.24 feet to a point on the Easterly right-of-way line of County Road No. 107; thence along the Easterly right-of-way line of County Road No. 107 on the following courses: N.41°57' W. 17.55 feet; thence N.25°38' W. 35.64 feet; thence N.16° 05' W. 147.76 feet; thence N.07°41' E. 114.76 feet; thence N.57°02' E 72.43 feet; thence N.62°42' E. 31.55 feet; thence N.71°03' E. 78.55 feet; thence N.63°58' E. 133.63 feet; thence N.31°11' E. 237.26 feet; thence N.25°34' W. 151.76 feet; thence N.04°41' W. 50.27 feet to a point on the Northerly boundary line of said Lot 7; thence leaving the $03x 550 ?E282 Northerly right-of-way line of said County Road No. 107 on a course bearing N.88'34'42" E. for a distance of 487.60 feet along the Northerly boundary line of said Lot 7 to the point of beginning, containing 8.86 acres more or less. WHEREAS, the Petitioner has demonstrated to the satisfaction of the Board of County Commissiners 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 is not large enough to proceed through the full subdivision review; 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; NOW, THEREFORE, BE IT RESOLVED that the division of the above described tracts "A", "B", and "C" from the above described 18.0 acre tract is hereby exempted from such definitions and said tract may be divided into tracts "A", "B", and "C", 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 Petitioner that no further exemptions be allowed on said tracts "A", "B", and "C", and that a copy of the instrument or instruments of convenance when recorded shall be filed with this Resolution. ATTEST: )/d/T11 De ty C rk of the Boa of Count Commissioners Garfield County, Colorado THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO By: / • Chairman Upon motion duly made and seconded the foregoin Resolution was adopted by the following vote: Richard C. Jolley Aye Flaven J. Cerise STATE OF COLORADO ss County of Garfield Aye Aye Commissioners I, , Courty 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.