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Home My WebLink About4.0 Resolution 97-77STATE OF COLORADO )ss County of Garfield • 1 111111 11111 111111 111111 111 11111 1111111 111 11111 1111 111112290 08/13/1997 03:46P B1030 P3 447 1 of 4 R 0.00 D 0.00 N 0.00 GARFIELD CLERK At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Commissioners Meeting Room, Garfield County Courthouse, in Glenwood Springs on Monday , the llth of August A.D. 19 97 , there were present: Marian I. Smith , Commissioner Chairman John Martin , Commissioner Larry McCown , Commissioner Don DeFord , County Attorney Mildred Alsdorf , Clerk of the Board Chuck Deschenes , County Administrator when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 9 7 - 7 7 A RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE GARFIELD COUNTY SUBDIVISION REGULATIONS FOR MARK & MELISSA ENGLISH. WHEREAS, Mark and Melissa English 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 April 23, 1984, Section 8:00 through 8:60, as amended, for the division of a 2.72 acre tract, as described in Book 551, Page 125, filed in the Offices of the Clerk and Recorder of Garfield County, Colorado, into two parcels of approximately 1.39 and 1.33 acres each, which proposed divided parcels are more practically described as follows: Parcel A: Parcel B: See Attached See Attached (in the State of Colorado and the County of Garfield); and • 1111111111111111111111111111111111111111111111111111111 512290 08/13/1997 03:46P 81030 P4 447 2 of 4 R 0.00 D 0.00 N 0.00 GARFIELD CLERK 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 division does not warrant further subdivision review; and WHEREAS, the Petitioners have demonstrated, to the satisfaction of the Board of County Commissioners of Garfield County, Colorado, that there is existing ingress and egress to said parcels, 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; WHEREAS, the Petitioner has purchased the necessary shares of water from the No Name Creek Water Association and, prior to the Garfield County Building Department issuing building permits for Parcel B, the Petitioner shall demonstrate to the Building Department that upgrades to the water supply line, as it shall serve the affected lots, shall have been accomplished in accordance with, or subject to, the Association's standards and requirements; NOW THEREFORE, BE IT RESOLVED that the division of the above described Parcels "A" and "B" from the above described 2.72 acre tract is hereby exempted from such definitions and said tract may be divided into said Parcels "A" and "B" and may be conveyed in the form of such Parcels "A" and "B" all as is more fully described above and that a copy of the instrument or instruments of conveyance, when recorded, shall be filed with this Resolution. Dated this 13th day of ATTEST;.,,,,,,"''"", L,'i August , A.D. 19 97 GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFIELD COUNTY, COLORADO Cl: k of the Board, QJ. Chairman • Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: COMMISSIONER CHAIRMAN MARIAN I. SMITH rOMMTSSTaNFR JOHN F. MARTTN COMMISSIONER LARRY L. MCCOWN , Aye Aye Aye STATE OF COLORADO )ss County of Garfield i IIMI 111 111111 111111 III 11111 1111 1111 11 1111 512290 08/13/1997 03:46P B1030 P5 447 3 of 4 R 0.00 D 0.00 N 0.00 GARFIELD CLERK 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 Resolution is truly copied from the Records of the Proceeding 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 iiIi�I 1111111/11 1111111/11 512290 08/13/1997 03:46P B1030 P6 447 4 of 4 R 0.00 D 0.00 N 0.00 GARFIELD CLERK PARCEL A A PARCEL OF LAND SITUATED IN THE NE1/4 SW1/4 OF SECTION 2, TOWNSHIP 6 SOUTH, RANGE 89 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO; SAID PARCEL BEING BOUNDED ON THE NORTH BY THE SOUTHERLY RIGHT-OF-- WAY OF U.S. HIGHWAY NO. 1-70, ON THE EAST BY THE NORTH -SOUTH CENTERLINE OF SECTION 2, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH -SOUTH CENTERLINE OF SAID SECTION 2, FROM WHICH THE SOUTH CENTER SIXTEENTH CORNER OF SECTION 2, A B.L.M. ALUMINUM CAP STANDARD MONUMENT BEARS S.01'06'14"W. 392.10 FEET, THEN N.88'44'59"W. A DISTANCE OF 151.68 FEET; THEN N.00'02'00"W. A DISTANCE OF 388.00 FEET TO THE SOUTHERLY RIGHT-OF-WAY OF U.S. HIGHWAY NO. 1-70; THEN S.88'48'17"E. ALONG SAID SOUTHERLY RIGHT-OF-WAY A DISTANCE OF 159.38 FEET TO A POINT ON SAIO NORTH -SOUTH CENTERLINE; THEN 5.01'06'14"W. ALONG SAID CENTERLINE A DISTANCE OF 388.06 FEET TO THE POINT OF BEGINNING, SAID PARCEL CONTAINING 1.39 ACRES, MORE OR LESS. PARCEL B A PARCEL OF LAND SITUATED IN THE NE1/4 SW1/4 OF SECTION 2, TOWNSHIP 6 SOUTH, RANGE 89 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO; SAID PARCEL BEING BOUNDED ON THE ON THE EAST BY THE NORTH -SOUTH CENTERLINE OF SECTION 2, ON THE SOUTH BY THE EAST -WEST CENTERLINE OF THE SWl/4 OF SECTION 2 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTH CENTER SIXTEENTH CORNER OF SECTION 2, A B.L.M. ALUMINUM CAP STANDARD MONUMENT; THEN N.88'05'00"W. ALONG THE EAST -WEST CENTERLINE OF THE SW1/4 OF SECTION 2, A DISTANCE OF 143.96 FEET; THEN N.00'02'00"W. A DISTANCE OF 390.18 FEET; THEN 5.88'44'59"E. TO THE NORTH -SOUTH CENTERLINE OF SECTION 2 A DISTANCE OF 151.68 FEET; THEN 5.01'06'14"W. ALONG SAID NORTH -SOUTH CENTERLINE A DISTANCE OF 392.10 FEET TO THE POINT OF BEGINNING, SAID PARCEL CONTAINING 1.33 ACRES, MORE OR LESS.