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Home My WebLink About3.0 Resolution 84-227STATE OF. COLORADO' Recorded at - 2 o'clock.__ IM. nr i ° 1984 Ss Reception leo. :MILDRED ALSDORF, RECORDER.. County. of COUNTY, COLORADO -1 F;�t 1.Q of Garffield ) Boa 658 PA6E6 At, a regular meeting of . the Board of County Commissioners for Garfield County,`Colorado, held at the Commissioner! Annex in'; Glenwoud Springs on Monday , the 15th day. of .October A.D. 19-84 , there were present: Larry Velasquez Flaven J. Cerise , Eugene "Jim" Drinkhouse Earl Rhodes Mildred Alsdorf when the: following. proceedings, Commissioner Chairman. Commissioner Commissioner' County Attorney Clerk of the Board among others were had and, done, to-wi:t:. RESOLUTION NO. 84-227 '.A RESOLUTION FOR THE APPROVAL OF AN EXEMPTION REQUEST BY JOHN HENRY ANTONELLI WHEREAS, John Ant:oenlli:`has petitioned the Board of County ComMissioners`of-Garfield County, Colorado, , for an exemption from 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.*. ofGarfield .County, Colorado, adopted January 2, 1979, Sections 2.02.21 (d):..and 3.0-2.01for the division of 13+ acre described as follows: As found in the Garfield County Clerk and Recorder's office in Book 408, page 570• into three T3) tracts of approximately 5.91, 4.95 and 3.05, more or less, which proposed divided. tracts .are more particularly described as follows: -Parcel 1 See :Exhibit:"A" Parcel 2 See Exhibit "B" Parcel 3 - See Exhibit "C" (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,fo.r the reason that the division does not warrant further: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 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)-0), as amended; NOW,; THEREFORE, BE IT; RESOLVED.: that the division. of .the. above described;:. arcels 1, 2, grid 3 from:; the above descr-stied '13+ acre . ract is. "hereby xempted from such definitions and said tract ;may :be divided into parcel's 2, and 3, all. as i.s more `fully described above,::and; said divided tract ay° be conveyed in the form of such smaller tracts.:. without.furtner ornpliance with ahe aforesaid;subdivision:statutes.,•and:reguiations,.:. rovi.ded, however, that this exemption is .granted °on ..the condition.. and ith the express understanding .and agreement of thePeti.tioners'.tnat'no ur ther exemptions be allw oed,- on .;said': parcels..1, 2:, and 3, :' and `that: a . copy a .instrument or' 3:ns:r tuments of 'conv.eyance': when recorded :shall `be fled with•this...Resolution• Dated this 15th r:., day.' of October TTEST Cle k .of tile:..Boaed . D. 1984. THE, BOARD;OF COUNTY COMMISSIONERS :OF GARFIELD ; COUNTY, COLORADO ponmot'ion•'duly-.:made; and seconded the :foregoing .Resolution : was. adopted .,by the following .:vote; Larry Velasquez Flaxen J. Cerise Eugene ""Jim" `:.Drinkhosue`. ATE:. -OF : COLORADO.. ounty;;: o Garfield Aye Aye Aye County. Clerk .and ex -officio Clerk of the Board of County Commissioners i•n and for-.tne County and State aforesaid do.hereb y certify that .the annexed and foregoing Order is truly copied' from '•the .Records of the .Proceedin_gs of the Board of County Commission:ers for said Garfield County, now in my office. IN WITNESS WHEREOF, .I have hereunto set my hand and affixed the seal. said `County, at Glenwood .Springs, . this : day of , A: D. Parcel 1 A parcel of :land situate in Tract 24, Section 4, Township 6 South, Range, 92 West of the 6th Princiapl Meridian as shown by Plat No.:1 of the Antlers Orchard Development Company more particularlydescribed as follows Beginning at the West 14 corner of said Section 4, thence N 01°41'59" E 657.92 feet to a point on. the Eastfenced right-of-way of County Road 229 the true point of beginning, thence along said right-of-way N 00°20'00" W 120.22 feet, thence leaving said right-of-way N 64°04'30" E 701.55 feet to a point on the East line of said Tract 24, thence along the East line of Tract 24 S 00°36'23" E 420.96 feet to the Southeast corner of Tract 24, thence along the South line of Tract 24 S 89°27'31" W 634.73 feet to the true point of :beginning. Said` Parcel of land contains 3.94 acresmore or less; together with an individual one-third interest in and to water well permit No. 85236 as currently in place and installed, and an easement for a waterline and the maintanence, repair, and construction thereof from said well; and a proportionate share of irrigation water from Silt Project Water being approximately 5.91 acre feet. Parcel 800X 658 PAGE 671 ar.cel of :land situate in Tract 24, :Section 4, Township 6 South, Range 92 Wes::t.of the 6th. Principal Meridian.:' as shown" by Plat No. 1 of the. Antlers Orchard *Development Company more particularlydescribed as follows: Regi nnisng at 'the: West 14 corner : of ':sai.:Section:. 41 thence N 01°03'08". .965.24 feet to a point on .: the. East fenced right-of-way of County Road 229 the true point of beginning, "thence N 57°48'22" E 629.90 feet to a point on the North line of Tract:24; thence along:: the North line of Tract 24 N•89°23159" E-96.70 feet to the Northeast , corner of Tract 24, . thence along the .East line" of .Tract 24 S 00°36'23" E. 217.13 feet, thence leaving said East line S 64 04`.30" W 701 55 feet to a point' on said fenced County road right-of=way, thence along said right-of-way N 00°20'00" W 187.23 feet tothe true point of teg:inning. Said parcel.. of.:.. land contains ::3.30'. ac1es: more . or. less; ` together with an individual one-third interest in and ". to water well permit No. 85236 as currently in place° and installed, ` and an easement for a water lineand the maintenance, repair, and construction thereof from said well; and a pro- portionate share of irrigation water from Silt Project Water being approx- imately 4.95 acre feet. 6t)U 658 1'OE6' Parcel 3 A parcel of land situate in Tract 24, Section 4, Township 6 South, Range 92 West of the 6th Principal Meridian as shown by Plat No. 1 of the Antlers Orchard Development Company more particularly described as follows: Beginning at the West 4 corner of said Section 4, thence N Ol°03'08" E 965.24 feet to a point on the East fenced right-of-way of County Road 229 the true point of beginning, thence along said right-of-way N 00° 20'00" W 330.00 feet to a point on the North line of Tract 24, thence along the ,North line of Tract 24 N 89"23'59" E 535.00 feet, thence leaving said North line S 57'48'22" W 629.90 to the true point of beginning. Said parcel of land contains 2.03 acres more or less; together with an individual one-third interest in and to water well permit No. 85236 as, currently in place and installed, and an easement for a water line and the maintenance, repair, and construction thereof from•said well; and a proportionate share of irrigation water from Silt Project Water being approximately 3.05 acre feet.