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HomeMy WebLinkAbout3.0 Resolution 81-128STATE OF COLORADO County of Garfield Ata regular ss. our, 571 PAGE 30 MAY -7 1981 GtI1 I�� e O. 314605 MIL.DRED ALSDORF, R CORbjR KC:C� S7 meeting of the Board of County Commissioners for Garfield County, Colorado, held at the Court House in Glenwood Springs on M4n41�y , the 4 t b day of May A. D. 19 81 , there were present: Larry Velasquez Flaven J. Cerise Eugene "Jim" Drinkhouse Arthur A. Abplanal2, Jr. Cheryl.J. Koss, Deputy when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. , Commissioner Chairman , Commissioner , Commissioner , County Attorney , Clerk of the Board 81-128 A RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE GARFIELD COUNTY SUBDIVISION REGULATIONS FOR STEDMAN B. AMORY WHEREAS, Stedman B. Amory 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 1240 acre tract described as follows: Township 7 South, Range 92 West of the 6th P.M., Section 15 NE 4, SE4NW 4, NW14SE4; That part of the E ZSW 4 lying North- easterly line of the County Road; That part of the SW4NW4 lying East of the gulch known as Dry Hollow and South of the centerline of the gulch emptying into said Dry Hollow. Township 8 South, Range 93 West of the 6th P.M. Section 1: W%SW14, Section 2: S 1,5SE14, SW15, 1/2NW1 , Section 11: N2i NW4SE14• Together with 10 shares capital stock in the Divide Creek Highline Ditch Company. into 2 tracts of approximately 12 and remaining 1228 acres each, more or less, which proposed divided tracts are more particularly described as follows: A parcel of land situated in the NW4 and the SW4 of Section 15, Township 7 South, Range 92 West of the Sixth Principal Meri- dian, Garfield County, Colorado, more particularly described as follows: Beginning at the Northeast Corner of said Section 15; thence S. 62°14'19"W. 4471.99 feet to a fence corner located on the westerly side of County Road 4331, the True Point of Beginning; thence S.00°06'14"E. 664.92 feet along a fence as constructed and in place to a fence corner; thence N.89°36'13"W. 955.60 feet along a fence as constructed and in place; thence N.87°16'22"W. 44.60 feet along a fence as constructed and in place to the centerline of Dry Hollow Creek; thence along the centerline of Dry Hollow Creek the following courses and distances; N. 19°25' 30" E. 157.88 feet; N. 34°01'37"E. 200.86 feet; N.48°51'46"E. 162.12 feet; N.00°50'11"E. 46.70 feet; N.05°33'54 "W. 82.79 feet N. 09°04'17"E. 103.34 feet; thence leaving said creek centerline N.89°45'08"E. 26.10 feet to a fence corner; thence continuing N. 89°45'08"E. 676.89 feet along a fence as constructed and in place, to the True Point of Beginning, containing 12.55 acres more or less. (in the State of Colorado and County of Garfield); and 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 no new parcel is created but will be obtained to adjust existing property boundaries, 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 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 clog 5'71 PAGE 31 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; NON, THEREFORE, BE IT RESOLVED that the division of the above described tracts "A", from the above described 1240 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 sub- division 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 tract "A", and that a copy of the instrument or instruments of conveyance when recorded shall be filed with this Resolution. THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO By: kluu)(y�Chaian ATTEST: �Ci�lr Deputy Cl: k o e Board of County Commissioners Garfield County, Colorado Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: Larry Velasguez Aye Flaven J. Cerise Aye STATE OF COLORADO County of Garfield Eugene "Jim" Drinkhouse E,. Aye 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.