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HomeMy WebLinkAbout3.0 Resolution 81-102STATE OF COLORADO ss. County of Garfield u;;u? 570 PAGE 77 Recorded cit ©'dock p M. APR 221981 Reception No. 314123 MILDRED ALSDORF, RECORDER At a ....regAZl.ar meeting of' the Board of County Commissioners for Garfield County, Colorado, held at the Court House in GIenwood Springs on Monday , the 2.0.th day of 13pri.1 A. D. 19..83.. , there were present: .Larry Velazquez , Commissioner Chairman Elauen....J.. Cerise , Commissioner Eugene ",ILItt" Dra.xlkhQuz.0 , Commissioner Arthur...A Abplana.1•p., J.x.ti , County Attorney cher ?..,••.t1..••..1Waa.r.....De'.P .1. Y Clerk of the Board when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 81-102 WHEREAS, Jim Goad and Roy Gillmore 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 4.5 acre tract described as follows: In document #301133 filed in the Office of Clerk and Recorder of Garfield County, Colorado into two tracts of approximately two and two and a half acres each, more or less, which proposed divided tract(s) are more particularly described as follows: Tract A: A parcel of land situated in Government Lots 3 and 6, Section 32, Township 7 South, Range 87 West of the Sixth Principal Meridian, Garfield County, Colorado, more particularly described as follows: Beginning at the Witness Corner for the Northwest Corner of said Section 32, a rock found in place; thence S.59°39'21"E. 2798.33 feet to the True Point of Beginning; thence N.88°20'00"W. 302.19 feet; thence N.01°40'00"E. 316.35 feet; thence S.88°20'00"E. 294.07 feet; thence S.10°10'40"W. 240.64 feet; thence S.57°07'42"W. 13.27 feet; thence S.35°59'32"E. 89.47 feet to the True Point of Beginning, containing 2.00 acres, more or less, subject to easements of record. Together with a 20 foot access easement lying parallel with and to the west of the following described line. Beginning at the Witness Corner for the Northwest Corner of said Section 32, a rock found in place; thence S.54°26'21"E. 3013.63 feet to the northerly right-of-way line of State Highway 82, the True Point of Beginning; thence N.01°37'00"E. 277.84 feet; thence N.35°59'32"W. 75.64 feet to a point of termination from which the Witness Corner to the Northwest Corner of Section 32, bears N.59°39'21"I.1. 2798.33 feet. Tract B: A parcel of land situated in Government Lot 6, Section 32, Township 7 South, Range 87 West of the Sixth Principal Meridian, Garfield County, Colorado, more particularly described as follows: Beginning at the Witness Corner for the Northwest Corner of said Section 32, a rock found in place; thence S.54°26'21"E. 3013.63 feet to a point on the northerly right-of-way line of State Highway 82, the True Point of Beginning; thence N.79°59'27"W. 377.92 feet along said northerly right-of-way line: thence N.14°04'14"E. 117.72 feet; thence N.01°40'00"E. 167.93 feet- thence S.88°20'00"E. 302.19 feet; thence S.35°59'32"E. 75.64 feet; thence 5.01°37'00"W. 277.84 feet to the True Point of Beginning, containing 2.50 acres, more or less, subject to easements of record. Subject to a 20.00 foot access easement lying parallel with and to the west of the following described line. Beginning at the Witness Corner for the Northwest Corner of said Section 32, a rock found in place; thence 5.54°26'21"E. 3013.63 feet to the northerly right-of-way line of State Highway 82, the True Point of Beginning; thence N.01°37'00"E. 277.84 feet- thence N. 35°59'32"W. 75.64 feet to a point of termination from which the Witness Corner to the Northwest Corner of Section 32 bears N.59°39'21"W. 2798.33 feet. (in the State of Colorado and County of Garfield); and BOOK .570 PAGE 78 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 does not warrant a full subdivision review, and WHEREAS, the Petitioners have demonstrated Board of County Commissioners of Garfield County, reasonable probability of locating domestic water thatthere is adequate ingress and egress to said of septic tanks will be permitted by the Colorado to the satisfaction of the Colorado, that there is a on each of said tracts, tracts, that the location 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 (a) - (d), as amended; NOW, THEREFORE, BE IT RESOLVED that the division of the above described tracts "A" and "B" from the above described 4.5 acre tract is hereby exempted from such definitions and said tract niay 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 Petitioners that no further exemptions be allowed on said tracts "A" and "B", and that a copy of the instrument or instruments of conveyance when recorded shall be filed with this Resolution. Dated this 20th day of April , A.D. 1981. ATTEST: Deputy Cle).hc of th Board of County Commissioners Garfield County, Colorado THE BOARD OF COUNTY COMMISSIONERS GARFIELD COUNTY BY: r- CQ,t C airman Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: Laxx:y Velasquez Aye F.1AY.e x...►7.......C.es.e Aye Fssl�gS-xl.� "Jim" £fiinkhous.e. Aye STATE OF COLORADO County of Garfield 1� 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.