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Home My WebLink About3.0 Resolution 82-57Recorded at o'clock_ L M _WR, 4,19 Reception No, '425314 MILDRED ALSDORF, RECORDER STATE OF COLORADO County of Garfield. At a fn regular held at flip Court House in Glenwood Springson Marc 11 8 2 A. D. 19 ,•there were present: Flaven J. Cerise : , Commissioner Chairman 81)0K* 594 PGE 35 meeting of the Board of County Commissioners for Garfield County, Colorado, Monday , the 1St day of Eugene Drinkhouse Larry Velasquez Earl G. Rhodes Leanne M. Cleland; Deputy , Commissioner , Commissioner , County Attorney Clerk of the Board when the following proceedings, among others were had and done, to -wit: `RESOLUTION NO. 82-57 A RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE GARFIELD COUNTY SUBDIVISION REGULATIONS. FOR BOB AND GLORIA ARNOLD. WHEREAS, Bob and: Gloria Arnold 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 January 2, 1979, Sections 2.02.21 (d) and 302..01.for the division of a 40 acre tract described as follows.: that parcel of land as described in Document No. 199016 as filed in the . Office of the Clerk F:nd'Recorder of Garfield County, Colorado into 2 tracts of approximately 2 & 38 acres each,:tore or less, which proposed divided tracts are more particularly described as follows: TRACT A: A parcel of land situated in Lot 6 of Section 33, Township 7 South, Range 87 West of. the 6th Principal Meridian,. Garfield Courity, Colorado, lying northerly of and adjacent to the Northerly right-of-way line of Colorado State Highway Nn. 82 and westerly of and adjacent to the ceriterli.ne_.of-a:_30 _foot_.�wide access.;-- easement' as built and in place, said • parcel of land being more particularly described as follows* Beginning at a point whence. the:. Northwest Corner of said Lot 6 bears N.48.°52'32"W. 630.45 feet; thence S.72°10'33"E. 236.10 feet to a point on the centerline of said 30 foot wide access easement; thence along said centerline on the following courses 198.93 feet along the arc•1 of a 430.49 foot radius curve to the left, the chord, of which bears S.01°42'42'"E.': 197.51•_feet; thence:.S.13°34'21"E, 135.00 feet; thence 56.91 feet along the arce of a 260 57.foot::radius curve to the right, the chord of which bears S.07°18156"E. 56.80 feet to a point on the Northerly right-of-way line of .said State Highway No. 82; thence •N.72°10'35"W. 283.17 feet along the Northerly right-of-way line of said State Highway No. 82;•thence North 370.58 feet to the point of beginning, 'containing " 2.01 acres more or less and subject : to a 15 foot easement for access purposes lying inside and adjacent to the Easterly boundary line of the above described parcel of land. •Together with five (5) gallons of water per minute from, the Sunnyside - Spring as adjudicated in Case.. No. 80CW351 in the District Court in and -for Water Division No. 5, State of _Colorado, on. June 23, 1981, having appropriation date of December 31, 1900, together with such easements and rights of way as are necessary for the use of said water and water right on the above described parcel Of land. • TRACT B:: The remaining.38:acres (in the State of Colorado and County of Garfield);. and WHEREAS, the Petitioner have demonstrated to the satisfaction of the.Board'of County Commissioners of Garfield County, Coloradothat the proposed division does not fall within the purposes of Part 1, Article 28,: Title 30, Colorado Revised Statutes 1973, aa amended, for the reason that the impact created does not warrant further subdivision review, and Min% 594 PaG WHEREAS, the Petitioners have demonstrated to the satisfaction of the Board•of County. Commissioners of Garfield County, Colorado, that there is of 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.septi.c 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 tine 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" and "B" from the above described 40 acre tract is hereby exempted from such definitions and said tract may be divided into tracts "A" and "B" 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 ''Ai; and that a copy of the instrument or instruments ofconveyance when recorded shall be filed with this Resolution. ATTEST: BOARD OF COt)NTY CONM.7 >S .tiOU• GARFIELD COUNTY, COLI 4;0t'y ty Clerk of the,:Board Upon motion duly mayla and seconded the foregoing Resolution was adopted by the following vote: Flaven J. Cerise Aye Aye Aye Eugene Drinkhouse • .Larry belasgeuz STATE OFCOLORADO County of Garfield , 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. Commissioners