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HomeMy WebLinkAbout2.0 Resolution 81-222BOOK 5577 FAGE6I3 STATE OF COLORADO k . Recorded at //-!•' o'clock p M; J U L 24 1981 County of Garfield Recept'scn No. 3.7375 MILDRED ALSDORF, RECORDER Ata regular g meeting of the Board of County Commissioners for Garfield County, Colorado, held at the Court House in Glenwood Springs on Mon day ' the 20th day of July A. D. 19 81 , there were present: Larry Velasquez , Commissioner Chairman Flaven J. Cerise , Commissioner Eugene "Jim" Drinkhouse , Commissioner Arthur A. Abplanalp, Jr. , County Attorney Cheryl J. Koss, Deputy , Clerk of the Board when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 81-222 A RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE GARFIELD COUNTY SUBDIVISION REGULATIONS FOR JOHN R. BOULTON, JR. AND SR. WHEREAS, John R. Boulton, Jr. and Sr. has petitioned the Board of County Commissioner of Gaffield 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 Sub- division Regulations of Garfield County, Colorado, adopted January 2, 1979, Sections 2.02.21 (d) and 3.02.01 for the division of a 80 acre tract described as follows: That parcel of land as described in Document No. 240401 as filed in the Office of the Clerk and Recorder of Garfield County, Colorado into 2 tracts of approximately 7.27, 7.27 and the remaining approximately 66 acres each, more or less, which proposed divided tracts are more particularly described as follows: Tract A: A parcel of land situated in the West One Half of the NW4 of Section 27, Township 6 South, Range 92 West of the 6th Principal Meridian, Garfield County, Colorado, more particularly described as follows: Beginning at the West Quarter Corner of said Section 27, a rebar and cap marked L.S. #10732; thence N 89°31'19" E. 1249.65 feet along the southerly line of the NW' of said Section 27, to a rebar and cap monument, at a fence 'in place on the easterly side of County Road 11331, the True Point of Beginning; thence along said fence in place situated on the easterly side of County Road #331 the following courses and distances: thence N. 22°06'21" W. 36.21 feet; thence N 23°44'58" W. 50.47 feet; thence N 27°47'54" W. 432.02 feet; thence N 03°40'36" W. 358.66 feet; thence N 19°52'03" E. 149.85 feet; thence N 26°45'53" E. 60.15 feet; thence N 13° 41'23" E. 86.58 feet; thence N 02°19'08" E. 15.28 feet; thence leaving said fence S 88°52'28" E. 250.33 feet to the easterly line of the West One Half of the NH4 of Section 27; thence S 0O°39'12" E. 1200.00 feet along said easterly line to the southerly line of the NW' of said Section 27; thence S 89°31'19" W. 64.39 feet along said southerly line to the True Point of Beginning, containing 7.27 acres, more or less. Tract B: A parcel of land situated in the West One Half of the NW' of Section 27, Township 6 South, Range 92 West of the 6th Principal Meridian, Garfield County, Colorado, more particularly described as follows: Beginning at the Northwest Corner of said Section 27, a rebar and cap marked L.S. 6610732; thence N 89°24'56" E. along the northerly line of said Section 27, 1316.42 feet to the west 1/16th Corner between Sections 27 and 22, a rebar and cap marked L.S. #14060, the True Point of Beginning; thence S 00°39'12" E. 1421.81 feet along the easterly line of the West One Half of the NW' of said Section 27; thence N 88° 52'28" W. 250.33 feet to a fence in place situated on the easterly side of County Road #331; thence along said fence situated on the easterly side of County Road #331 the following courses and distances; thence N 02°19'08" E. 875.59 feet; thence N 04°37'09" W. 258.40 feet; thence N 03°20'30" W. 49.91 feet; thence N 03°25'21" E. 232.82 feet to a point on the northerly line of said Section 27; thence N 89°24'56" E. 208.48 feet along said northerly line to the True Point of Beginning, containing 7.27 acres, more or less. BOOK 577 r?cE61.4 WHEREAS, the::Petitioners have demonstrated to the satisfaction of the Board of County s'sioners of Garfield County, Colorado, that the proposed division does not fall within urposes of Part 1, Article 28, Title 30, Colorado Revised Statutes 1973, as amended, r the reason that the impact created does not warrant further subdivision review, and WHEREAS,`: the Petitioners demonstrated to the satisfaction of the Board of County ommissionersof Garfield County, Colorado, that there is a reasonable probability of ocating domestic water on each of said tracts, that there is adequate ingress and egress �o said tracts, that the location of septic tanks will be permitted by the Colorado Depart- ment of Health, that the requested division is not part of an existing or larger development and doesnot 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 ef the terms "subdivision" and "subdivided land" as set forth in C.R.S. 1973, >3O-28-101 (10) (a) -(d), as amended; VW, :THEREFORE, BE IT RESOLVED that the division of the above described tracts "A", '"B", and "C" from the above described 80 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. Also, that an interest in the well be deeded to each of the newly created parcels; that an easement for access and maintenance of the well be deeded to each of the newly created parcels; and that evidence of such be submitted to the Garfield County Planning Department. THE BOARD OF COUNTY COMMISSIONERS GARFIELD COUNTY, COLORADO Chairmat ATTEST: Deputy Cl,:erk of/ he' Board of County Com a,ssioners 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 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.