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HomeMy WebLinkAbout2.0 Resolution 81-29STATE OF COLORADO County of Garfield regular At a meeting of the Board of County Commissioners for Garfield County, Colorado, held at the Court House in Glenwood Springs on Mon ay the 2 6 t�1 day of January A. D. 19 81 , there were present: as. Record?,:' at /1� o'ciockp _M. BOOK 564 P4GE364 JAN 27 1961 _--`�. Reception No. MILDRED ALSDORF, RECORDER Z,a.x:x y...V la.Si uez Emma e "Zinn TyT� .�.x�}�klonae Pathia the 'y1 r, PeP.?aty when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 81-29 , Commissioner Chairman , Commissioner , Commissioner , County Attorney , Clerk of the Board A RESOLUTION CONCERNED WITH AMENDING RESOLUTION NO. 79-150 FOR LARRY A. AND BERNICE KENDALL WHEREAS, Larry A. and Bernice Kendall 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 Gar- field County, Colorado, adopted January 2, 1979, Sections 2.02.21 (d) and 3.02.01 for the division of a 17.95 acre tract described as follows: Described in document #260490 filed in the Office of Clerk and Recorder of Garfield County, Colorado, into 3 tracts of approximately 3.48, 4.56, and 9.91 acres each, more or less, which proposed divided tracts are more particularly descri- bed as follows: Parcel A: A parcel of land situate in Lot 16 and Tract 37, Section 17, Township 7 South, Range 88 West of the 6th Principal Meridian and more particularly described as follows: Beginning at Angle Point ##6 of Tract 37, Section 17, with all bearings contained herein being relative to a bearing of North on the line between Angle Point $#6 and Angle Point ##7 of Tract 37, Section 17; thence East'140.58 feet; thence S. 12°11'00" E. 238.00 feet to a point on the northerly right-of-way of County Road #113; thence along said northerly right-of-way S. 53°47'53" W. 126.57 feet; thence along an arc of a curve to the right with a radius of 731.82 feet, the chord of which is S. 57°53'47" W. 104.67 feet; thence S. 62°00'00" W. 170.45 feet; thence leaving said northerly right-of-way N. 22°03'19" W. 478.03 feet; thence East 330.00 feet to the point of beginning. Said parcel of land contains 3.48 acres more or less. Parcel B: A parcel of land situate in Lot 16, Section 17, Township 7 South, Range 88 West of the 6th Princiapl Meridian, more particularly described as follows: Beginning at Angle Point 6 of Tract 37 of said Section 17: with all bearings contained herin being relative to a bearing of North on the line between Angle Point 6 and Angle Point 7 of Tract 37, Section 17; thence West 330.00 feet to the True Point of Beginning; thence S. 22°03'19" E. 478.03 feet to a point on the Northerly right-of-way of County Road #113, thence along said Northerly right-of-way S. 62°00'00" W. 245.49 feet; thence S. 52°41'18" W. 150.00 feet; thence leaving said Northerly right-of- way N. 15°17'42" W. 673.06 feet; thence East 334.11 feet to the True Point of Beginning. Said parcel of land contains 4.56 acres more or less. Parcel C: A parcel of land situate in Lot 16, Section 17, Township 7 South, Range 88 West of the 6th Principal Meridian, more particularly described as follows: Beginning at Angle Point 6 of Tract 37 of said Section 17, with all bearings contained herein being relative to a bearing of North on the line between Angle Point 6 and Angle Point 7 of Tract 37, Section 17; thence West 664.11 feet to the True Point of Beginning; thence S. 15°17'42." E. 673.06 feet to a point on the northerly right-of-way of County Road r#113; thence S. 63°00'00" W. 210.68 feet; thence N. 89°35'00" BOOK 564 PAcf365 W. 485.77 feet; thence N. 00°30'00" E. 741.37 feet; thence East 489.46 feet to the True Point of Beginning. Said parcel of land contains 9.91 acres more or less. (in the State of Colorado and County of Garfield); and 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 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 all 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 descri- bed tracts "A", "B", and "C" from the above described 17.95 acre tract is hereby exempted from such definitions and said tract may be divided into tracts "A", "B", and "C", 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", "B", and "C", 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 By: J`^ ATTEST:( Deputy Clerk of ;the Board of County Cojssioners Garfield County, Colorado Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: Larry Velasquez Aye Flaven J. Cerise Aye Eugene "Jim" Drinkhouse Ave STATE OF COLORADO ss County of Garfield 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.