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Home My WebLink About3.0 Resolution 81-197STATE OF COLORADO County of Garfield At a xegular ss. BOOK 575 PAGC? 4F3 Recorded at 1 -/La o'clock p M. JUN 30 1981 Reception No. 3164 2 MILDRED ALSDORF, RECORDER meeting of the Board of County Commissioners for Garfield County, Colorado, held at the Court House in Glenwood Springs on Mon day the 2 9th day of %T.lane A. D. 19 81 , there were present: Larry Velasquez Flaven J. Cerise Eugene "Jim" Drinkhouse Arthur A. Abplanalp, Jr. Cheryl J. Koss, Deputy , Commissioner Chairman , Commissioner , Commissioner , County Attorney , Clerk of the Board when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 81-197 RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE GARFIELD COUNTY SUBDIVISION REGULATIONS FOR DENNIS AND NILE GERBAZ. WHEREAS, Dennis and Nile Gerbaz 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 Sub- division Regulations of Garfield County, Colorado, adopted January 2, 1979, Sections 2.02.21 (d) and 3.02.01 for the division of a 178 acre tract described as follows: That parcel of land as described in Document No. 156835 as filed in the Office of the Clerk and Recorder of Garfield County, Colorado into 3 tracts of approximately 2.00, 2.76 and 173.24 acres each, more or less, which proposed divided tract(s) are more particularly described as follows: Tract A: A tract of land situated in Lot 15 of Section 36, Township 7 South, Range 88 West of the 6th Principal Meridian, Garfield County, Colorado, lying northerly of and adjacent to the Northerly right-of-way line of County Road 100 and being more particularly described as follows: Beginning at a point on the Northerly right-of-way fence of said County Road 100 whence a rebar and cap found in place and properly marked for the Witness Corner to the S4 Corner. of Section 35, Township 7 South, Range 88 West of the 6th Principal Meridian bears S 86°48'10" W, 3837.82 feet; thence S 88°44'33" W, 511. 81 feet along siad Northerly right-of-way fence; thence N 15°30'45" E, 192.83 feet; thence S 87°21'45" E, 227.54 feet; thence N 79°07'46" E, 120.81 feet; thence S 84°37'27" E, 114.68 feet; thence South 176.14 feet to the point of beginning, containing 2.00 acres more or less. Tract B: A tract of land situated in Lot 15 of Section 36, Township 7 South, Range 88 West of the 6th Principal Meridian, Garfield County, Colorado, lying Northerly of and adjacent to the Northerly right-of-way line of County Road 100 and being more particularly described as follows: Beginning at a point on the Northerly right-of-way fence of said County Road 100 whence a rebar and cap found in place and properly marked for the Witness Corner to the S1 Corner of Section 35, Township 7 South, Range 88 West of the 6th Principal Meridian bears S 86°48'10" W, 3837.82 feet; thence North 176.14 feet; thence S 8.4° 37'27" E,88.95 feet; thence S 81°41'42" E, 67.60 feet; thence N 82°04'26" E, 266.62 feet; thence N 79°04'46" E, 220.50 feet; thence N 02°44'09" E, 115.26 feet; thence N 22°09'51" E, 22.78 feet to a point on a fence as constructed and in place: thence S 01°21'30" W, 372.54 feet along said fence to a point on the Northerly right-of-way fence of said County Road 100; thence along said Northerly right-of-way fence on the following courses: N 88°09'40" W, 178.03 feet; thence S 89°41'20" W, 149.39 feet; thence S 89°04'10" W, 283.80 feet; thence S 88°44'33" W, 30.21 feet to the point of beginning, containing 2.76 acres more or less; and WHEREAS, the Petitioner(s) 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 doe- not warrant further subdivision re- view, and BOOK 57 1'4E747 WHEREAS, th 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 tract "A", "B", from the above described 178 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 com- pliance with the aforesaid subdivision statutes and regulations; provided, however, that this exemption is granted on the condition and with the express understanding and agree- ment 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. THE BOARD OF COUNTY COMMISSIONERS GARFIELD COUNTY, COLORADO BY: ATTEST: Deputy Cl k,pf- he Board of County C ssioners Garfield Co ny, Colorado • La.,. () Chairman Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: Larry Velasquez Aye Fl a�en•••J v Co•r � Aye Eugene ".Jim" DXin.kk;Q.u.s.e Aye Commissioners 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 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.