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HomeMy WebLinkAbout2.0 Resolution 80-33/Q/ STATE 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 Monday the 17th day of March A. D. 19 80 , there were present: Richard Jolley , Commissioner Chairman Flaven Cerise , Commissioner Larry Velasquez , Commissioner Arthur A. Abplanalp, Jr. County Attorney Rene Dierkes, (temporary) , Clerk of the Board when the following proceedings, among others were had and done, to -wit: ss. '.4 R1:;'c>x•s , sooK 515 FA%ES6O RESOLUTION NO. 80-33 RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE GARFIELD COUNTY SUBDIVISION REGULATIONS FOR GLENN L. EMS WHEREAS, Glenn L. Ems 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 10.90 acre tract described as follows: that parcel of land as described in Book No. 361 at Page 469 as filed in the Office of the Clerk and Recorder of Garfield County, Colorado into 3 tracts of approximately 3.00, 3.00 and 4.90 acres each, more or less, which proposed divided tracts are more particularly described as follows: Tract A: A tract of land in Lot 2 of Section 31, Township 6 South, Range 94 West of the 6th Principal Meridian in Garfield County, Colorado and being more particularly described as follows: Commencing at a point on the west line of said Section 31 from which the southwest corner of said Section 31, a brass cap monument found in place, bears south a distance of 2661.87 feet; thence east a dis- tance of 30.00 feet to a point on the easterly right-of-way line of County Road No. 323, being the True Point of Beginning of Tract A; thence S.89°58'E. a distance of 517.42 feet; thence North, a distance of 413.17 feet; thence N.89°58'W. a distance of 517.42 feet to a point on the easterly right-of-way line of said County Road No. 323; thence South and along the easterly right-of-way line of said County Road No. 323 a distance of 413.17 feet more or less to the True Point of Begin- ning of Tract A. Containing 4.907 acres more or less. Tract B: A tract of land in Lot 2 of Section 31, Township 6 South, Range 94 West of the 6th Principal Meridian in Garfield County, Colorado and being more particularly described as follows: Commencing at a point on the west line of said Section 31 from which the southwest corner of said Section 31, a hrass cap monument found in place, bears south a distance of 2661.87 feet; thence East a distance of 30.00 feet to a point on the easterly right-of-way line of County Road No. 323; thence S.89°58'E. a distance of 517.42 feet to the True Point of Beginning of Tract B; thence S.89°58'E. a distance of 316.29 feet; thence North a distance of 413.17 feet; thence N.89°58'W. a distance of 316.29 feet; thence South a distance of 413.17 feet to the True Point of Beginning of Tract B. Containing 3.0 acres more or less. Tract C: A tract of land in Lot 2 of Section 31, Township 6 South, Range 94 West of the 6th Principal Meridian in Garfield County, Colorado and being more particularly described as follows: Commencing at a point on the West line of said Section 31 from which the southwest corner of said Section 31, a hrass cap monument found in place, bears south a distance of 2661.87 feet; thence East a distance of 30.00 feet to a point on the easterly right-of-way line of County Road No. 323; thence S.89°58'E. a distance of 833.71 feet to the True Point of Beginning of Tract C; thence S.89°58'E. a distance of 316.29 feet; thence North a distance of 413.17 feet; thence N.89°58'W. a distance of 316.29 feet; thence South a distance of 413.17 feet to the True Point of Beginning of Tract C. Containing 3.00 acres more or less. t100K 5 f`,,G€6 81 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 impact created is not large enough to proceed through the full subdivision review; 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 reauested 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", "B" and "C" from the above described 10.90 acre tract is hereby exempted from such definitions and said tract may he divided into tracts "A", "B", and "C", all as is more fully described above, and said divided tract may be con- veyed in the form of such smaller tracts without further compliance with the afore- said 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 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. ATTEST: r\ -k- �1( ". LA1 -Qi Deputy Clerk of the Board of County Commissioners Garfield County, Colorado THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO Byr :, . . /...� — ) '' ' ..-i Chairman �i (� Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: Richard jcaly Aye Flaven cerise Aye Larry Velasquez Aye 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.