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HomeMy WebLinkAbout2.0 Resolution 81-23STATE OF COLORADO ss. County of Garfield BnnK 563 PAGE867 -t /c<1- ,-,'do,.i: M. JAN 2 8 198T , Recoptian No. 311.218 MILDRED ALSDORF, RE -CORDER. At a zeg.u.l.ar meeting of the Board of County Commissioners for Garfield County, Colorado, held at the Court House in Glenwood Springs on Monday the 1 9th day of Jam.y A. D. 19.... . , , there were present: gue z Commissioner Chairman _Magprie "Tim" Drinkhouse Arthur A. Abplanalp, Jr. Cheryl J. Koss, Deputy when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 81-23 Commissioner Commissioner County Attorney Clerk of the Board A RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE GARFIELD COUNTY SUBDIVISION REGULATIONS FOR GRANT AND HARRIETT KNIGHT WHEREAS, Grant and Harriett Knight 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 January 2, 1979, Sections 2.02.21 (d) and 3.02.01 for the division of a 10 acre tract described as follows: As filed in document ##179173 in the Office of Clerk and Recorder of Garfield County, Colorado, into 3 tracts of approximately 3.24, 2.77 and 2.0 acres each, more or less which proposed divided tracts are more particularly descri- bed as follows: Tract A: A tract of land located in the SW4 of Section 4 and the SE4 of Section 5, Township 7 South, Range 95 West of the 6th Principal Meridian; more particularly described as follows: Beginning at the 14 corner between said Secitons 4 and 5; thence S 89°21'57"E 11 feet along the south line of said SW1/4 Section 4 in the center of Garfield County Road No. 309; thence along the following coarses within the traveled surface of said County Road No. 309; N 03°01'21" E 156.557 feet; N 24°46'58" E 102.779 feet; N 54°27'44" E 95.650 feet; N 77°38'50" E 150.000 feet; thence leaving said County Road No. 309; N 12°21'10" 17 15.000 feet; thence S 86°09' 42"W 401.389 feet; thence S 30°23'55" W 173.908 feet; thence S 24°46' 11" W 188.494 feet to the south line of said SE of Section 5; thence along the south line of said SE of Section 5 S 89°13'25" E 284.0 feet to the True Point of Beginning. Containing 2.00 Acres more or less. The above described tract is subject to said County Road No. 309 right-of-way as built and in place. Tract B: A tract of land located in the SW1 of Section 4, Township 7 S. Range 95 West of the 6th Principal Meridian; more particularly described as follows: Beginning at a point on the south line of said SA: of Section 4, and the center line of Garfield County Road No. 309, whence the West 34 corner of said Section 4 bears N 89°21'57" W 11.00 feet. thence S 89°21'57" E 393.0 feet along the south line of said SW/ of section 4; thence N 00°38'03" E 368.287 feet to a point in Garfield County Road No. 309; thence along the following courses within the traveled surface of said County Road No. 309; S 77°38'50" W 274.229 feet; S 54°27'44" W 95.650 feet; S 24°46'58" W 102.779 feet; S 03°01.'21" W 156.557 feet to the point of beginning. Containing 2.77 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 above described tract. Tract C: . A tract of Range 95 West of the as follows: BOOK 563 ?M E868 land located in the SW1 of Section 4, Township 7 S , 6th Princiapl Meridian; more particularly described Beginning at a point on the south line if said SW4 of Section 4, whence the West 1 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 156.00 feet; thence S 00°38'03" W 402.821 feet to a point on the south line of said SW% Section 4; thence N 89°21'57" W 354.388 feet along said south line of SW4 Section 4 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, morth of, adjacent to and parallel with the south line of the above described tract. (in the State of Colorado and 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 impact created does not warrant a full subdivision review, and WHEREAS, the Petitioners 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 permit- ted 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 "sub- division" 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 10 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 Petitioners that no further exemptions be allowed on said tracs "A", "1" and "C", and that a copy of the instruments or instrments of conveyance when recorded shall be filed with this Resolution. ? ATTEST:- /c - Deputy Deputy CYerk of -,the Board of County Commissioners Garfield County, Colorado THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY COLORADO By: OCH ( ),AS •�-----� Ch man Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: Larry Velasquez Aye Flaven J. Cerise Aye Aye Eugene "Jim" Drinkhouse 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 tha 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.