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HomeMy WebLinkAbout4.0 Amended Resolution 80-257itecorcced at 2 ecfocfc___PC OCT 2 8 1980 __ TA recertirn �.,�. 308818MiLDRFD ALSDORF, R COR' Boa 558 F t E739 STATE OF COLORADO County of Garfield ss. 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 2 7th day of October A. D. 19 8 0 , there were present: Ri Glur.d.... C......Jo l ey , Commissioner Chairman 14ar.r'y Vele.s. u ez , Commissioner Elay.en....0 .r.i.s.e , Commissioner azthu.x:...:......APlan.4,a..p.., Ix.., County Attorney Nax10...S8r.7..0 ...P.Ag.C.4....D P1ltyClerk of the Board when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 80-257 RESOLUTION CONCERNED WITH AMENDING RESOLUTION NO. 78-89 WHEREAS, Stephen L. Ferguson 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 2.61 acre tract described as follows: That part of the NE4SW4 of Section 5, Township 6 South, Range 89 West of the Sixth Principal Meridian described as follows: Beginning at a point on the North line of the NE4SW4 of said Section 5, 271.85 feet N. 88°06' W. of the Center of said Section 'i 5; thence 182.58 feet N. 88°06' W. to a point in the North line of said Section 5; thence S. 1°51' W. to the North line of the right of way of the D&RGWRR being 804.92 feet more or less; thence S. 81°36'30" E. along the North line of said right of way a distance of 183.76 feet more or less to the Southwest corner of the tract of land conveyed to Fortunato Holzknech by Doc. No. 158334 in Book 218 at Page 317 of Garfield County records; thence N 1°51'E. 826.0 feet more or less to the point of beginning, except that part conveyed to the Board of County Commissioners of Garfield County by deed recorded in Book 152 at Page 266 as Reception No. 97223 and alson except that part conveyed to Evelyn C. Eimstad by deed recorded in Book 334 at Page 187 of the records of Garfield County, Colorado. Together with 36.16 shares of stock in the Mitchell -Cooper Ditch and Pipeline Company. A parcel of land situated in the NE4SW4 of Section 5, Township 6 South, Range 89 West of the Sixth Principal Meridian, more parti- cularly described as follows: Commencing at the center of said Section 5, thence along the East- West Center Line of said Section 5, N. 88°06'00" W. 271.85 feet to a rebar and cap, the True Point of Beginning; thence leaving said East-West Center Line S. 01°51'00" W. 117.65 feet to a point across said County Road S. 01°51'00" W. 62.63 feet to a point on the sou- therly right-of-way of said County Road; thence S. 01°51'00" W. 234.80 thence N. 88°09'00" W. 182.59 feet; thence N. 01°51'00" E. 119.31 feet; thence S. 88°09'00" E. 100.00 feet to a rebar and cap in place; thence N. O1°51'00" E. 140.18 feet to a point on said southerly right-of-way; thence along said southerly right-of-way S. 77°02'00" W. 103.44feet; thence across said County Road, N. 01°51'00" E. 62.07 feet to a point on said northerly right-of-way, thence N. 01°51'00" E. 120.12 feet to a rebar and cap on said East-West Center Line of Section 5; thence along said East-West Center Line S. 88°06'00" E. 182.58 feet to the True Point of Beginning; said parcel containing 1.19 acres more or less; excluding the right-of-way of said County Road, more particularly described as follows: Commencing at the Center of said Section 5; thence along the East- West Center Line of said Section 5 N. 88°06'00" W. 271.85 feet to a rebar and cap in place; thence leaving East-West Center Line of said Section 5, S. 01°51'00" W. 117.65 feet to the northerly right-of-way line of said County Road, the True Point of Beginning; thence across said County Road S. 01°51'00" W. 62.63 feet to a point on the southerly Boom 5,903 "PISGE"740 right-of-way N. 71°30'00" W. 86.19 feet; thence along said southerly right-of-way S. 77°02'00" W. 103.44 feet; thence across said County Road N. 01°51'00" E. 62.07 feet to a point on said northerly right- of-way; thence along said northerly right-of-way N. 77°02'00" E. 104.46 feet, thence along said northerly right-of-way S. 71°30'00" E. 85.17 feet to the True Point of Beginning. 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; 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", from the above described 2.61 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 afore- said 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", and "B", and that a copy of the instrument or instruments of conveyance when recorded shall be filed with this Resolution. ATTEST: D4puty erof the :,•j: r o Coun Commission Garfield County, Colorado THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: Richard ?, iQ ley Aye Larry Velasgugz Aye Flaven Cerise Aye Commissioners 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 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.