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HomeMy WebLinkAbout3.0 Resolution 81-291STATE OF COLORADO ss. County of Carfield BOOK 582 PtGE943 Recorded at /0(2-F o'clock if EA: OCT 7 1981 Reception No. 32n024 MILDRED ALSDORF, RECORDER regular At a meeting of the Board of County Commissioners for Garfield County, Colorado, held at the Court House in Glenwood SprinQs�n Monday the 2 8th day of S e telnbe r A. D. 19 tff , there were present: Larry Velascauez Commissioner Chairman Flaven J. Cerise Commissioner Eugene "Jim" Drinkhouse Commissioner Earl G. Rhodes , County Attorney Cheryl J. Koss, Deputy clerk of the Board when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 81-291 A RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE GARFIELD COUNTY SUBDIVISION REGULATIONS' FOR JOHN WIX. WHEREAS, John Wix 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 January 2, 1979, Sections 2.02.21 (d) and 3.02.01 for the division of a 6,01 acre tract described as follows That parcel of land described as Homestead 17, Panorama Ranches, County of Garfield, Colorado into 2 tracts of approximately 4.41 and 1.60 acres each, more or less, which pro- posed divided tracts are'more particularly described as follows Tract A: Part of Homestead #17 as platted in the Panorama Ranches Subdivision, Document #298382 Garfield County Clerk and Recorders Office, Garfield County, Colorado, more particularly described as follows: Beginning at the southeasterly corner of said Homestead #17, said corner common wjth Homestead #18 and the northerly R.O.W. line of Basalt Mountain Drive; thence N.66°20'43"W. 95.50' feetalong the northerly line of said Basalt Mountain Drive to the intersection with Panorama Drive.; thence along the easterly R.O.W. line of said Panorama Drive the following courses and distances thence 40.11 feet along the arc of a curve to the right, having a radius of 25.00 feet, a central angle of 91°54'49" (Chord bears N.20°23'18"W. 35.94 feet), thence 224.75 feet along the arc of a curve to.the left, having a radius of 265.00 feet, a centralangle of 48°35'36" (Chord bears N.01°16'18"E. 218.07 feet); thence leaving said Panorama Drive N.46°40'25"E. 868.76 feet; thence S.43°58'20"E. 128.73 feet; thence S.46°01'40"W. 312.66 feet; thence S.28°01'56"W. 279.15 feet; thence S.19°58'59"W. 113.94 feet to a point on the easterly line of said Homestead #17; thence S.46°01'40"W. 321.06 along said easterly line to the point of beginning and containing. 4.41 acres + subject to easements of record. Tract B: Part of Homestead #17 as platted in the Panorama Ranches Subdivision, Document #298382 Garfield County Clerk and RecordersOffice,`_,Garfield County, Colorado, more particularly described as follows: Beginning at the northeasterly corner of Homestead #17, said corner common with the northwesterly corner of Homestead #18; thence S.46°01'40"W. 680.53 feet along. the easterly -line of said Homestead #17; thence leaving said easterly line N.19°58'59"E. 113.94 feet; thence N.28°01'56"E. 279.15 feet; thence N.46°01'40"E. 312.66 feet, to a point on the northerly line of said Homestead #17; thence S. 43°58'20"E. 136.27 feet along said northerly line to the point of beginning and containing 1.60 acres+ subject to easements of record, (in the State of Colorado and 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 this is an adjustment of property boundaries, and no new lots are created, and BOOK 582 PAGE944 ,WHEREAS, the: Petitioner has demonstrated to the satisfactionof the Board of County Commissioners. of Garfield County, Colorado, that there is a reasonableaprababilityoof 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 bepermitted by the Colorado Depart- ment of Health, that the requested division is not part of an existing or larger .develop- ment.:and does notfallwithin 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, 3O -28-101.(102(4)-(d), as amended,• NOW THEREFORE,;BEIT RESOLVED that the division of the above described tracts "A" and "B" from the :above :`described 6.01 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:tra_ctmay be conveyed in the form of\such smaller tracts without further compliance- withthe'aforesaid subdivision statutes and`regulations;'provided, however, that this exemptionris''granted on the condition and with the express understanding and agreement of the Petitioner 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; and further, that no building permits will be issued for the 1.60 acre site, and no new lots will be created by this action. BOARD OF COUNTY COMMISSIONERS OF.GARFIELD COUNTY', COLORADO BY: ATTEST: 0,410 Deputy Cl Board Upon motion dulymade n seconded the foregoing Resolution was • adopted by the following vote: Lary vediasquez Aye Flaven 3..Cerise Eugene "Jim" Drinkhouse STATE OF COLORADO County of Garfield ss 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.'