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HomeMy WebLinkAbout2.0 Resolution 80-254Recorded at ' o'clock Reception 'No. STATE OF COLORADO County of Garfield At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held at the Court House in Glenwood Springs on NPIl 17.Y , the 27 0) day of actaar A. D. 19 8.Q.... , there were present: Richard CJolley , Commissioner Chairman Larry Velascjuez , Commissioner Flaven 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. 80-254 3O8s17 M ss. m: OCT 2 81980 LDRED ALSDORF, RECORDER BOOK 558 PAGE 737 RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE GARFIELD COUNTY SUBDIVISION REGULATIONS FOR GLENWOOD PARTNERSHIP WHEREAS, GLENWOOD PARTNERSHIP has petitioned the Board of County Commissioners of Garfield County, Colorado, for an exemptiom 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 30 acre tract described as follows: In Book 557 at Page 352 in the office of the Clerk and Recorder of Garfield County, Colorado, into 3 tracts of approximately 16, 62 and 72 acres each, two of which proposed divided tracts are more particularly described as follows: Tract A: A parcel of land situate in Section 6, Township 6 South, Range 89 West of the 6th Principal Meridian, County of Garfield, State of Colorado, being more particularly described as follows: Commencing at the S1 corner of Section 34, Township 5 South, Range 89 West of the 6th Principal Meridian; thence S. 87°11'46" E. 670.12 feet to the point of intersection of the West line of the Mel -Rey Subdivision, County of Garfield, State of Colorado and the south right-of-way line of County Road No. 130; thence along the West line of said Mel -Ray Subdivision S. 01°52'00" W. 575.96 feet to the TRUE POINT OF BEGINNING: thence continuing along said line S. 01°52'00" W. 183.95 feet to a point of intersection where the north line of the Glen Theatre, Inc. property intersects the West line of said Mel -Ray Subdivision; thence along the north line of the Glen Theatre, Inc. property N. 87°18'00" W. 536.20 feet to the Northwest corner of said property; thence along the west line of said property S. 01°53'00" W. 623.25 feet to the North right-of-way line of U.S. Highway No. 6 & 24; thence along said North right-of-way line the following course, N. 87°16'00" W. 246.80 feet; thence N. 02°44'00" E. 718.54 feet; thence S. 87°18'00" E. 67.23 feet; thence N. 47°42'00" E. 125.06 feet; thence S. 87°18'00" E. 615.36 feet to the TRUE POINT OF BEGINNING, containing 6.499 acres, more or less. Tract B: A parcel of land situate in Section 6, Township 6 South, Range 89 West of the 6th Principal Meridian, County of Garfield, State of Colorado, being more particularly described as follows: Beginning at a point whence the S1 corner of Section 34, Township 5 South, Range 89 West of the 6th Principal Meridian bears N. 42°07'49" E. 861.66 feet; thence S. 87°18'00" E. 454.75 feet; thence S. 02°44'00" W. 718.54 feet to a point on the north right-of-way line of U.S. Highway 6 & 24; thence along said north right-of-way line the following course N. 87°16'00" W. 454.75 feet; thence N. 02°44'00" E.718.28 feet to the point of beginning, containing 7.500 acres, more or less. BOOK 558 PAGE738 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 property being subdivided has been under the same ownership for at least five (5) years, and the division together with any earlier permitted under circumstances not defined above, will create no more than three (3) new tracts under 35.0 acres in size; 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, 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 tracts "A" and "B", from the above described 30 acre tract is hereby exempted from such definitions and said tract may be divided into tracts "A" and "B", 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 Petitioner that no further exemptions will be allowed on said tracts "A" and "B", or the remaining tract, and that a copy of the instrument or instruments of conveyance when recorded shall be filed with this Resolution. THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO ATTEST: Deputy er of the Boa County mmissioners Garfield County, Colorado Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: Richard C. Jolley Larry Velasquez Flaven Cerise STATE OF COLORADO County of Garfield Aye Aye Aye 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.