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HomeMy WebLinkAbout4.0 Resolution 89-008• • STATE OF COLORADO )ss County of Garfield ) At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held at the Commissioners' Meeting Room at the Garfield County Courthouse in Glenwood Springs on the 9th day of January A.D. 19 89 , there were present: Robert Richardson Marian I. Smith Larry Schmueser Don DeFord Mildred Alsdorf Chuck Deschenes , 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. 89_008 A RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE GARFIELD COUNTY SUBDIVISION REGULATIONS FOR GERALD W. GALLOWAY WHEREAS, Gerald W. Galloway 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 April 23, 1984, Section 8:00 through 8:60 and for the division of a 79.93 acre tract as described in Book 401, Page 517, as filed in the Office of the Clerk and Recorder of Garfield County, Colorado into two tracts of 7.43 acres and 72.5 acres each, more or less, which proposed divided tracts are more practically described as follows: TRACT A: See attached legal description; TRACT B: That property described in Reception 4243359 recorded in Book 401, Page 517, less that property described as Tract A; (in the State of Colorado and the County of Garfield); and 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 division does not warrant further 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 by use of a cistern for Tract A and not a legally adjudicated well, that there is existing 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, oe 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" and "B" from the above described 79.93 acre tract is hereby exempted from such definitions and said tract may be divided into said tracts "A" and "B" and may be conveyed in the form of such tracts "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 9th day of ATTEST: January A.D. 1989 • GARFIELD COU GARFIE 1TY BOARD OF COMMISSIONERS COLORADO AheBoard J C irm Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: a Robert Richardson Marian I_ Smith Larry Schmueser STATE OF COLORADO ) County of Garfield ) Aye Aye Aye 1, , 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 net my hand and affixed the seal of said County, at Glenwood Springs, this day of , A.D. 19 of the Board of County Commissioners. County Clerk and ex -officio Clerk • • Exhibit A LEGAL DESCRIPTION A parcel of land in the Si of the S.E.I, Section 15, T.7 S., R.92 W. of the 6th Principal Meridian and being more particularly described as follows: Beginning at the S.} Corner of said Section 15, a rebar and aluminum .cap set at a fence corner, thence N.00°01'14"W. and along the original line of a very old fence a distance of 808.82 feet to a point in the centerline of a County Road, thence S.44°51'09"E. and along said centerline a distance of 262.50 feet; thence continuing along said centerline along a curve to the left having a central angle of 6°14'30" and a radius of,2436.23 feet for an arc distance of 265.40 feet, and for which the chord bears S.47'58'24"E. a distance of 265.26 feet to a point of reverse curvature; thence continuing along said centerline along a curve to the right having a central angle of 9°16'38" and a radius of 1822.49 feet for an arc distance of 295.09 feet, and for which the chord bears S.43°52'06"E. a distance of 294.77 feet; thence continuing along said centerline S.39'13'47"E. a distance of 281.81 feet to a point on the southerly line of said Section 15; thence leaving the centerline of said County Road S.88°55'31"W. and along said southerly line a distance of 38.33 feet to a rebar and cap marked L.S. 10871; thence continuing along said southerly line S.88°55'31"W. a distance of 726.20 feet to the Point of Beginning.