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HomeMy WebLinkAbout2.0 Resolution 80-72STATE OF COLORADO ss. County of Garfield BOOK 548 FAGE522 52 Recorded at / 3 o'clock %) M. MAY 1 3 1980 Reception No. 303868 MILDRED ALSDORF, RECORDER At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, th held at the Court House in Glenwood Springs on Monday , the day of May A. D. 19 80 , there were present: Richard C. Jolley , Commissioner Chairman Larry Velasquez Commissioner Flaven J. Cerise Commissioner Arthur A. Abplanalp Jr. , County Attorney Nancy Sprick Pager Deputy , Clerk of the Board when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 80-72 RESOLUTION CONCERED WITH GRANTING AN EXEMPTION FROM THE GARFIELD COUNTY SUBDIVISION REGULATIONS FOR FRED AND LINDA KUERSTEN WHEREAS, Fred and Linda Kuersten 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 5.48 acre tract described as follows: that parcel of land as described in Book 441 at Page 90 as filed in the Office of the Clerk and Recorder of Garfield County, Colorado, into 2 tracts of approximately 2.0 and 3.48 acres each, more or less, which proposed divided tract is more particularly described as follows: Tract A: A parcel of land located in Garfield County, Colorado, situated in Lot 5 and the SE4NW4 of Section 6, Township 6 South, Range 91 West of the 6th Principal Meridian, more completely described as follows: Beginning at a point on an existing property line whence the Northwest Corner of said Section 6 bears N.29°28'31" W. 2178.05 feet; thence East 409.28 feet to a point on an existing property line; thence South 59.95 feet to an existing property corner; thence S.80°35'41" W. 119.48 feet to an existing property corner (on the Southerly line of the Highline Ditch); thence South 177.23 feet to an existing property corner (on the Northerly right-of-way line of the county road); thence N.81°23'43" W. 401.41 feet along the Northerly right-of-way line of the county road, to an existing property corner; thence N.30°00'24" E. 200.30 feet to an existing property corner; thence N.12°53'15" E. 23.80 feet to the point of beginning. Containing 2.00 acres, more or less. 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 is not large enough to proceed through the 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 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. 30-28-101 (10) (a) -(d), as amended; NOW, THEREFORE, BE IT RESOLVED that the division of the above described tract "A" from the above described 5.48 acre tract is hereby exempted from such definitions 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 BOOK MB PaE3; 3 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 tract "A", and that a copy of the instrument or instruments of conveyance when recorded shall be filed with this Resolution. ATTEST: Deputy C'erk of the B't rd of County Commissioners Garfield County, Colorado Adopted the 12th day of May , A.D. 1980. THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO Upon motion duly made and seconded the foregoingResolution was adopted by the following vote: Richard C. Jlley Aye Larry Velasquez Aye `1aven J. Cerise Aye STATE OF COLORADO County of Garfield SS 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.