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HomeMy WebLinkAbout2.0 Resolution 81-155STATE OF COLORADO u. Recorded at 9 County of Garfield t Reception No. Bi I( 572 PAGE 3C313 o'clock _4 M. MAY 201981 314993 MILDRED ALSDORF, RECORDER At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held at the Court House in Glenwood Springs on Monday the i ..l3 day of . y A. D. 19...:11 , there were present: ....Lu y....Ygl.as imAz , Commissioner Chairman ....ElaY.fia..J......CiPr.Ti.5.9 , Commissioner ....E.L1,011P "sae pr.0/(11gl1$e , Commissioner ....A13.h.ur...A...Ab,P1.afla 1p, Jr, County Attorney ....0.1PXY.1 J, Koss, Deputy , Clerk of the Board when the following proceedings, arnonq other were had and done, to -wit: RESOLUTION NO. 81-155 A RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE GARFIELD COUNTY SUBDIVISION REGULATIONS FOR EMMA MIRE. WHEREAS, Emma Dwire 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 11.54 acre tract described as follows: That parcel of land as described in Document No.174360 as filed in the Office of the Clerk and Recorder of Garfield County, Colorado into 2 tracts of approximately 3.6 and remaining 7.8 acres each, more or less, which proposed divided tract is more particularly described as follows: Tract A: A parcel of land situated in the SES SE' of Section 3, Township 6 South, Range 92 West of the 6th P.M., Garfield County, Colorado, lying westerly of the westerly line of a parcel of land described by Document No. 174360, 243813, and 283808, southerly of the northerly bank of the Mare and Hinds Ditch, as described by Document No. 248904, and easterly of the easterly line of the E and J Addition to the Town of Silt, Colorado. All said documents and addition as filed in the Garfield County, Colorado records. Said parcel of land is more fully discribed as follows: Beginning at a point on the south line of said Section 3, whence the Southeast Corner of said Section 3 bears: N 89°48'45" E. 800.00 feet; thence S 89°48'45" W, 288.74 feet along the south line of said Section 3; thence N 00°13'20" W, (record North) 44.63 feet to the Southeast Corner of said Addition, said corner being a No. 5 rebar with an aluminum cap as found in place; thence N 00°21'30" W, (record North) along the easterly line of said Addition through existing Lot and Block corners as found in place, 1118.93 feet to a point on said northerly ditch bank; thence along said ditch bank N 34°13'46" E, 32.04 feet; thence N 66°45'00" E, 16.88 feet; thence S 74°23'38" E, 12.29 feet; thence S 50°48'06 E, 24.14 feet; thence N 82°11'40" E, 27.91 feet; thence S 41°39'39" E, 58.01 feet; thence S 59°26'03" E, 32.57 feet; thence S 87°41'12" E, 22.99 feet; thence N 75°12'54" E, 42.24 feet; thence S 85°13'00" E, 42.53 feet to a point on the westerly line as described by said documents; thence, leaving said ditch bank S 00°54'33" E, (Record South or S 00°54'14" E.) along said westerly line, 1104.20 feet to the point of beginning (in the State of Colorado and County of Garfield); and WHEREAS: the Petitioner(s) 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 does not warrant further subdivision review, and WHEREAS, the Petitioner(s) has demonstrated to the satisfaction of the Board of County Commissioners of Garfield County, Colorado, that there is a reasonable prob- ability 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; 572 mE36 NOW, THEREFORE, BE IT RESOLVED that the division of the above described tracts "A", from the above described 11.54 acre tract is hereby exempted from such definitions and said tract may be divided into tracts "A", 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(s) that no further exemptions be allowed on said tract(s) "A", and that a copy of the instrument or instruments of conveyance when recorded shall be filed with this Resolution. BOARD OF COUNTY COMMISSIONERS GARFIELD COUNTY, COLORADO BY: ATTEST: Deputy Clerk/of tt39Board of County Commissioners Garfield County, Colorado -14„ OS) Chairma Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: Larry Velasquez Aye Flaxen J. Cerise Aye Eugene "Jim" Drinkhouse 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.