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HomeMy WebLinkAbout4.0 Resolution 90-34STATE OF -COLORADO County of Garfield )ss RECORDED' AT y! O'CLOCK Q .h1. JIAR 2 \%t) REC. # 410776 MILDRED ALSDORF, COONT"Y CLERK GARFIELD COUNTY, COLORADO At a regular meeting of Commissioners for Garfield County, Colorado, Meeting Room at the Garfield County Courthouse the 19th day of March A.D. 1990 , Marian I. Smith Arnold L. Mackley Elmer (Bucket') Arbaney Don DeFord Mildred'Alsdorf Chuck Deschenes 1 1 , , the Board of County held at the Commissioners' in Glenwood Springs on there were present: Commissioner Chairman Commissioner Commissioner County Attorney Clerk of the Board County Administrator when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 90-' 4 A RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE GARFIELD COUNTY SUBDIVISION REGULATIONS FOR W. J. & NADRA B. COLOHAN. WHEREAS, W. J. & Nadra Colohan 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 April 23, 1984, Section 8:00 through 8:60 and for the division of a 13.51 acre tract as described in Book 376, Page 172, as filed in the Office of the Clerk and Recorder of Garfield County, Colorado into two parcels of approximately 6.75. acres each, more or less, which proposed divided tracts are more practically described as follows: Parcel A: See attached Exhibit "A" Parcel B: See attached Exhibit "A" (in the State of Colorado and the 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 division does not warrant further 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 parcels, that there is existing ingress and egress to said parcels, 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 parcels "A" and "B" from the above described 13.51 acre tract is hereby exempted from such definitions and said tract may be divided into said parcels "A" and "B" and may be conveyed in the form of such parcels "A" and "B", all as is more fully described above and that a copy of the instrument or instruments of conveyance when recorded shall be filed with this Resolution. Dated this 1 gth day of ATTEST: March erk of the Board , A.D. 1990 . GARFIELD COUNTY BOARD OF COMMISSIONERS GARFIELD COUNTY, COLORADO Chairman BOOK 774 r cES48 Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: - Marian T.: Smith Aye Arnold i._ Mack1 y Aye Elmer jRuckey) A rhaney Aye 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 Resolution 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.` BOOK 774 PA S49 EXHIBIT A a '1, DESCRIPTION LEGAL DESCRIPTION — PARCEL A A tract of land situated in Lots 5 and 14 of Section 12, Township 7 South, Range 89 West, of the 6th P.M., being more particularly described as follows: Beginnning at a point whence the North 1/4 corner of said Section 12 bears N 01' 45' 44" E, 2460.82 feet: , (hence, S 09' 22' 32" E, 457.94 feet along the westerly right—of—way of a county road; thence, S 88' 02' 40" W, 779.22 feet; thence, N 17 29' 11" E, 402.54 feet; thence, N 80' 47' 53" E, 590.81 feet to the point of beginning, containing 6.501 acres more or less. LEGAL DESCRIPTION — PARCEL B A tract of land situated in Lots 14 and 15 of Section 12, Township 7 South, Range 89 West, of the 6th P.M., being more particularly described as follows: Beginning at a point whence the North 1/4 corner of said Section 12 bears N 01' 45' 44" E, 2460.82 feet: thence, S 09' 22' 32" E, 457.94 feet to the TRUE POINT OF BEGINNING, thence along the westerly right--of—way line of a county road the following three. (3) courses: S 05' 51' 46" E, 157.89 feet; thence, S 02' 23' 14" E, 90.92 feet; thence S 12' 10' 46" W, 107.36 feet; thence, N 89' 50' 22" W, 877.64 feet along the south line of said Lot 14 . thence, N 17 29' 11" 5, 338. 16 feet; thence, iV 88' 02' 40" 5, 779.22 feet to the TRUE POINT OF BEGINNING, containing 6.505 acres more or less.