HomeMy WebLinkAbout3.0 Resolution 81-154STATE OF COLORADO
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County of Garfield
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Receitticn No. 3145.FA MILDRED ALSDORF, RECORDER
At a x:S'-.glALrU' meeting of the Board of County Commissioners for Garfield County, Colorado,
held at the Court House in Glenwood Springs on 140.11.day , the 18th day of
May A. D. 19...B.1 there were present:
..1Ar.rY , Commissioner Chairman
, Commissioner
Eugene "Jim" Drinkhouse , Commissioner
Arthur A. Abplanalp, Jr, , County Attorney
Cheryl J. Koss, Deputy , Clerk of the Board
when the following proceedings, among others were had and done, to -wit:
RESOLUTION NO. 81-154
A RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE GARFIELD COUNTY SUBDIVISION
REGULATIONS FOR GRANT AND HARRIET KNIGHT.
WHEREAS, Grant and Harriet Knight have petitioned the Board of County Commissioners
of Garfield County, Colorado, for an Peemption from the definition of the terms "sub-
division" and "subdivided land" under ..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 572 acre tract described as
follows:
That parcel of land as described in Document No. 170977 as filed in the Office
of the Clerk and Recorder of Garfield County, Colorado, into 3 tracts of approximatel
2.78, 3.57 and the remaining 566 acres each, more or less, which proposed divided
tract(s) are more particularly described as follows:
Tract A: A tract of land located in the SW NW4, Section 4, Township 7 South,
Range 95 West of the 6th Principal Meridian; more particularly described as
follows:
Beginning at a point on the south line of said SW4, NWA, Section 4, whence the
west 4 corner of said Section 4 bears N 89°21'57" W, 404.00 feet; thence N 00°
38'03" E, 368.287 feet to a point in Garfield County Road No. 309; thence along
the following coarses within the traveled surface of said County Road No. 309;
N 77°38'50" E, 204.018 feet; S 85°12'26" E, 105.868 feet; thence S 00°38'03" W
406.457 feet to a point on the south line of said SW4, NW4, Section 4; thence
N 89°21'57" W, 304.388 feet along said south line of SW4, NWT., Section 4; to the
point of beginning. Containing 2.78 acres, more or less. Said tract is subject
to said County Road No. 309 right-of-way as built and in place. The above des-
cribed tract is subject to a 30 foot wide roadway and utility easement situated
along the entire length, north of, adjacent to and parallel with the south line
of the above described tract.
Tract B: A tract of land located in the SW4, NW4, Section 4, Township 7 South,
Range 95 West of the 6th Principal Meridian, more particularly described as
follows:
Beginning at a point on the south line of said SW4, NW4, Section 4, whence the
west 4 corner of said Section 4 bears N 89°21'57" W, 708.39 feet; thence N 00°
38'03" E, 406.46 feet to a point in the Garfield County Road No. 309; thence
S 85°12'26" E, 124.00 feet along the center line of said County Road 309, thence
S 62°32'19" E, 395.59 feet; thence S 08°11'11" W, 220.85 feet to the south line
of said Sil4j NW4, Section 4. Thence along said south line N 89°21'57" W, 447.36
feet to the point of beginning. Containing 3.24 acres more or less. Said tract
is subject to said County Road No. 309 right-of-way as built and in place. The
above described tract is subject to a 30 foot wide roadway and utility easement
situated along the entire length, north of, adjacent to and parallel with the
south line of the above described tract (in the State of Colorado and County of
Garfield); and
[ 1,'K 572 1 E366
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
further subdivision review, and
WHEREAS, the Petitioner(s) have 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 572 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 statutes and reg-
ulations; 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; and further, that
no additional exemptions be allowed on the remaining (approximately 566 acre) tract
of land.
BOARD OF COUNTY COMMISSIONERS
GARFIELD COUNTY, COLORADO
BY: ACt- Lt.
Chair
ATTEST:
Deputy Clerje of th8,2Board
of County Commissioners
Garfield County, Colorado
Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote:
1-417.Y VelaSgUZ Aye
Flaven J, Ceri,,e Aye
Eugene "Jim" Dx ,T.1l411QQu Aye
STATE OF COLORADO
ss
County of Garfield
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.