HomeMy WebLinkAbout3.0 Resolution 81-129STATE OF COLORADO
County of Garfield
At a Xagialag meeting of the Board of County Commissioners for Garfield County, Colorado,
Monday the 4th day of
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BUDX 571 PAGE 32
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Recepfian No. N1LDRED A►tsCoRF, REcoRDE
held at the Court House in Glenwood Springs on
MaY ' A. D. 19 81
, there were present:
harry Velasquez
Flaven J. Cerise
Eugene "Jim" Drinkhouse
Arthur A. Abplanalp, Jr.
Cheryl J. Koss, Deputy
when the following proceedings, among others were had and done, to -wit:
RESOLUTUION NO. 81-129
Commissioner Chairman
Commissioner
Commissioner
County Attorney
Clerk of the Board
A RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE GARFIELD COUNTY
SUBDIVISION REGULATIONS FOR J. WALTER AND KATHRYN ENYEART
WHEREAS, J. Walter and Kathryn Enyeart 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 Garfield
County, Colorado, adopted January 2, 1979, Sections 2.02.21 (d) and 3.02.01 for
the division of a 40.71 acre tract described as follows:
Board of
division
Colorado
does not
That parcel of land as described in Document No. 250864 as filed
in the Office of the Clerk and Recorder of Garfield County,
Colorado, into 2 tracts of approximately 35 and 5.71 acres each,
more or less, which proposed divided tracts are more particularly
described as follows:
Parcel A:
A parcel of land located in the NWS NWS Section 16,
Township 7 South, Range 95 West, 6th Principal
Meridian, Garfield County, Colorado, more particularly
described as follows:
Beginning at the Northwest corner of Section 16,
from whence the Nk corner of Section 16 bears
N 90° 00' E 2664.64 feet; Thence N 90° 00' E 833.51
feet to the TRUE POINT OF BEGINNING; Thence
N 90° 00' E 498.81 feet; Thence S 00° 01' 04" E
498.81 feet; Thence S 90° 00' W 498.81 feet; Thence
N 00° 01' 04" W 498.81 feet to the TRUE POINT OF
BEGINNING.
Said parcel contains 5.71 acres.
Parcel B:
A part of the NWS NWS, Section 16, Township 7 South,
Range 95 West, 6th Principal Meridian, Garfield County,
Colorado, more particularly described as follows:
Beginning at the Northwest corner of Section 16, from
whence the Nk corner of Section 16 bears N 90° 00' E
2664.64 feet; Thence N 90° 00' E 833.51 feet; Thence
S 00° 01'04" E 498.81 feet; Thence N 90° 00' E
498.81 feet; Thence S 00° 01' 04" E 833.89 feet to
the Southeast corner NWS NWS Section 16; Thence
N 89° 17' 57" W 1337.97 feet; Thence N 00° 13' 22" E
1337.97 feet; Thence N 00° 13' 22" E 1320.15 feet
to the Northwest corner of Section 16, and the point
of beginning.
Said parcel contains 35.00 acres.
(in the State of Colorado and County of Garfield); and
WHEREAS, the Petitioners have demonstrated to the satisfaction of the
County Commissioners of Garfield County, Colorado, that the proposed
does not fall within the purposes of Part 1, Article 28, Title 30,
Revised Statutes 1973, as amended, for the reason that the impact created
warrant further subdivision review, and
Boor, 571_ PAGE 33
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 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" and "B", from the above described 40 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 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 if granted on the
condition and with the express understanding and agreement of the Petitioners 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.
ATTEST:
Deputy Cler: of - Board
of County Commis oners
Garfield County, Colorado
THE BOARD OF COUNTY COMMISSIONERS OF
GARFIELD COUNTY, COLORADO
By: �bW
Cha man
Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote:
Lsa '.a".y V?1,44PQuZ Aye
Flaven J. Cerise Aye
Aye
STATE OF COLORADO
County of Garfield
Eugene "Jim" Drinkhouse
ss
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.