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HomeMy WebLinkAbout3.0 Resolution 85-202STATE OF COLORADO )ss County of Garfield ) Recorded at 1( (1 o'clock f-) ro NOV 2 S 1985 Reception No MILDRED ALSDORF, RECORDER GARFIELD COUNTY, COLORADO BOOT( 679 PaCE4 i 3 At a SPECIAL meeting of the Board of County Commissioners for Garfield County, Colorado, held at the Commissioners' Meeting Room, Garfield County Courthouse in Glenwood Springs on Tuesday , the 26th day of November A.D. 19 85 , there were present: Robert Richardson Larry Schmueser absent Flaven J. Cerise Don DeFord Mildred Alsdorf Roger Ludwig absent , Commissioner Chairman , Commissioner , Commissioner , County Attorney , Clerk of the Board , Administrative Assistant when the following proceedings, among others were had and done, to -wit: RESOLUTION NO -85-202 A RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE GARFIELD COUNTY SUBDIVISION REGULATIONS FOR JOHN R. AND ARDEEN L. ARBANEY. WHEREAS, John R. and Ardeen L. Arbaney 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 April 23, 1984, Section 8:00 through 8:60 and for the division of a 6.54 acre tract as described in Book 503, Pages 924 and 925, as filed in the Office of the Clerk and Recorder of Garfield County, Colorado into two tracts of approximately 2.41 acres, and 4.13 acres, more or less, which proposed divided tracts are more practically described as follows: TRACT A: See attached legal description for Lot A. TRACT B: See attached legal description for Lot B. (in the State of Colorado and County of Garfield); and WHEREAS, the Petitioners have 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 division does not warrant further subdivision review, and 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; • • BOOK 679 ?E47'1 NOW THEREFORE, BE IT RESOLVED that the division of the above described tracts "A" and "B" from the above described 6.54 acre tract is hereby exempted from such definitions and said tract may be divided into tracts "A" and "B", and conveyed in the form such tracts "A" and "B", all as is more fully described above, 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" and "B" and that a copy of the instrument or instruments of conveyance when recorded shall be filed with this Resolution. Dated this 26th day of November , A.D. 1985. THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO By: ATTEST:� �^,;%t°�f, a%_ Clerk of the Board Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: Robert Richardson Aye Larry Schmeuser absent )t( absent Flaven J. Cerise Aye STATE OF COLORADO County of Garfield 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 Resolution 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 • • of A: y9esC-r t..4.L01A-s itnnK 679 PrP 475 4 tract of land situated in Lot 12 of Section 35, Township 7 South, Range 88 West of the 6th Principal Meridian, Garfield County, Colorado, and being more particularly described as follows: Beginning at a point whence the Witness Corner to the S'l. Corner of said Section 35 bears S 470 28'22" W 1120.90 feet; thence S 83°53'47" E 418.57 feet; thence S 17°22'00" E 227.72 feet; thence N 87°53'31" W 502.05 feet; thecne N 04°07'17" E 244.01 feet to the point of beginning, containing 2.41 acres more or less. Lot B: A tract of land situated in Lot 12 of Section 35, Township 7 South, Range 88 West—of-the 6th Principal Meridian, Garfield County, Colorado, and being more particularly described as follows: Beginning at a point whence the Witness Corner to the SA Corner of said Section, 35 bears S 47° 28'22" W 1120.90 feet; thence N 83°53'47" W 267.19 feet; thence N 06°06'13" E 226.70 feet; thence N 89°56'39" E 682.26 feet; thence S 04°41'00" W 300.00 feet; thence N 83°53'47" W 418.57 feet to the point of beginning, containing 4.13 acres more or less.