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HomeMy WebLinkAbout3.0 Resolution 80-3880 iec •* a _ wt_ s _ :: - .c, -• `'. 3027`'I. .. aeruptioz! f��� .�ii1 .i ed A13dorf, Recor.dee STATE OF COLORADO County of Garfield Ata regular ss. BOOK 546 PAGE2I3 meeting of the Board of County Commissioners for Garfield County, Colorado, held at the Court House in Glenwood Springs on Monday the 31st day of M'rch A. D. 19 8 0 , there were present: Richard C. Jolley , Commissioner Chairman Larry Velasquez , Commissioner Flaven J. Cerise Commissioner Arthur A. Abplanalp Jr. , County Attorney Nancy Sprick Page, Deputy , Clerk of the Board when the following proceedings, among others were had and done, to -wit: RESOLUTION N0. 80-38 RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE GARFIELD COUNTY SUBDIVISION REGULATIONS FOR JAMES C CROI'JLEY WHEREAS, James C. Crowley 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 5.58 acre tract described as follows: That parcel of land as described in Document No. 290997 as filed in the Office of the Clerk and Recorder of Garfield County, Colorado into 2 tracts of approximately 3.19 and 2.39 acres each, more or less, which proposed divided tracts are more particularly described as follows: Tract A: A parcel of land situated in the SE4SE4 Section 35, Township 5 South, Range 92 West of the Sixth Principal Meridian, Garfield County, Colorado, more particularly described as follows: Commencing at the Southwest Corner of said Section 35, thence N. 71°33' 05" E. 4199.02 feet to the Southeast 1/16 Corner of said Section 35, the True Point of Beginning; thence N. 89°54'49" E. along the North line of said SE4SE4 of Section 35, 901.78 feet to the centerline of an existing irrigation ditch; thence along said centerline S. 55°12'27" W. 231.05 feet; thence along said centerline S. 85°22'53" W. 152.58 feet to a fence line as constructed and in place; thence continuing along said ditch centerline N. 66°08'24" W. 82.07 feet; thence along said centerline S. 80°51'09" W. 77.01 feet; thence along said centerline N. 81°22'53" W. 57.84 feet; thence along said centerline S. 48°59'18" W. 78.75 feet; thence along said centerline S. 76°22'41" W. 48.61 feet; thence along said centerline S. 17°09'35" W. 73.63 feet; thence along said centerline S. 42°16'21 W. 59.04 feet; thence along said centerline N. 74°40'32" W. 191.54 feet; to the West line of said SE4SE4ection 35; thence along said West line N. 00°16'32" E. 239.69 feet to the True Point of Beginning; containing 3.1912 acres more or less. Tract 8: A parcel of land situated in the SE';SE4 Section 35, Township 5 South, Range 92 West of the Sixth Principal Meridian, Garfield County, Colorado, more particularly described as follows: Commencing at the Southwest Corner of said Section 35, thence N. 80°04'01 E. 4040.76 feet to a point on the West line of said SE4SE4ection 35, the True Point of Beginning; thence N. 00°16'32" E. along said West line 392.09 feet to a point on the centerline of an existing irrigation ditch; thence leaving said West line S. 74°40'32" E. along said ditch centerline 191.54 feet; thence along said centerline N. 42°16'21" E. 59.04 feet; thence along said centerline N. 17°09'35" E. 73.63 feet; thence along said centerline N. 76°22'41" E. 48.61 feet; thence along said centerline N. 48°59'18" E. 78.75 feet; thence along said centerline S. 81°22'53" E. 57.84 feet; thence along said centerline N. 80°51'09" E. 77.01 feet; thence along said center- line S. 66°08'24" E. 82.07 feet to a fence line as constructed and in place; thence along said fence line S. 02°31'12" E. 6.50 feet; thence along said fence line N. 88°57'43" W. 96.59 feet; thence along said fence line S. 40°39' 25" W. 541.01 feet; thence along said fence line S. 05°14'31" W. 76.34 feet; thence along said fence line N. 88°49'54" W. 107.26 feet to the West line of said SE4SE4 Section 35 and the True Point of Beginning; containing 2.3947 acres more or less. BOOK 546 pacE214 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 enought 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 locatingdomestic 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" & "B", from the above described 5.58 acre tract is hereby exempted from such definitions and said tract may be divided into tracts "A" and "B", all as is more full.), 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 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: 1/41 Deputy Cl r of the Bo of County Commissioners Garfield County, Colorado THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO By Chai rman Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: Flaven J. Cerise Aye Larry Velasquez Aye Richard C. Jolley Aye STATE OF COLORADO County of Garfield ss Commissioners , 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.