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HomeMy WebLinkAbout2.0 Resolution 83-269.STATE OF COLORADO County. of Garfield )ss Recorded at Reception No. BOOK 6321'0E496 `1o'ctock C fiA;. I U G 0 9 1983 a MILDRED ALSDORF, RECORDER At a regular meeting of the Board of County ji Commissioners for Garfield, Colorado, held at the. Commissioners Glenwood Springs on Monday , the 8th day of August 19 8.3 there were present: Eugene "Jim" Drinkhouse Larry Velasquez Flaven J. Cerise Steve Zwick Mildred Alsdorf Commissioner Chairman Commissioner Commissioner County Attorney '(Asst.)- Clerk (Asst.)-Clerk of the Board Annex in A.D. when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 83-269 A RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE GARFIELD.COUNTY SUBDIVISION REGULATIONS FOR MARIA AND FRITZ BACHMAN. WHEREAS, Maria and Fritz Bachman 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 3.02.01 for the division of a 14 acre tract described as follows: Book 511, Page 299 as recorded in the Garfield County Clerk and Recorder's 'Office into 2 tracts of approximately 12 acres and 2 acres each, more or less, which proposed divided tracts are more particularly described as follows TRACT A: A parcel of land situate in .Tract 2 of the Morrisania'Ranch and also the SW 1/4 NW 1/4 of Section 2, Township 7 South, Range 95 West of the 6th Principal Meridian, more particularly described as follows: Beginning at the Southwest corner of said Tract 2, being a.2 foot high cedar post properly marked and set; thence Gong the west line of Tract 2, N.00°40'50"W. 396.64 feet to the true point of beginning; thence continuing along the West line of Tract 2 258.64 .feet to the Northwest corner of Tract 2; thence along the north line of Tract 3, S.89°18'50"W. 100.00 feet:; thence leaving, said Tract line N.49°00'13"E. 250.40 feet; thence East 117.08 feet; thence South 421.69 feet; thence West 203.00 feet to the true point of beginning. Said parcel of land contains 2.00 acres more or less, together with an easement for maintenance of a water line. Easement is as follows: 12 feet North of the SW suvey pin; 131 feet east of the west property line; and 88 feet East of the West property as shown on survey plat, together with one half share of Petunia Sunshine Well. Maintenance of well and. expenses will be shared one half with Fritz Bachman and Maria Bachman. TRACT B: As described in Book 511, Page 299, less Parcel A as described above. (in the State of Colorado, 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 impact created 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, 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: 632 e Eolt NOW,THEREFORE,' BE IT RESOLVED that the division of the above described tracts "A" and "B" from the above 14 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 tract "A" , and that a copy of the instrument or instruments of conveyance when recorded shall_ be filed with this Resolution. ATTEST: laz&_,LA ,9 Clerk of the Board l GARFIELD COUNTY BOARD OF COMMISSIONERS GARFIELD COUNTY, COLORADO Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote:' Eugene "Jin;" Drinkhouse Larry Velasquez Flaven J. Cerise STATE OF COLORADO County of Garfield ) ss Aye Aye Aye 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 Board of County Commissioners. County Clerk and ex -officio Clerk of the. 1.1 1 I Recorded at .__..._ Reception No. o'clock _ M, _ — Recorder. Fritz Fritz, Bachman and :,,aria L Bachman, whose address is 3635 301 Rd. Parachute,. Co • Cotu ty of Garfield , State of Co , for the consideration of dollars, in h ndaid, hereby sell (s) and convey (s) to Charles L Loe'. and Julie Y Loe, 2:00) Boox 632 PAA 9S whose legal address is3035 301:Rd. Parachute,, County of Garfield and State of Co. the following real property in the County of Garfield: , and State of Colorado, to wit: Parcel A- A parcel of land situate, in Tract 2 of the Morrisania Ranch and also the SW.4NW* of section 2Township '-7 South, Range 95 West of.the:6th_Prinripal Meridian, more perticularly described as. follows. Beginingat the Southwest corder of said Tract ; 2, being a 2 foot high . cedar post,properly marked and set ; .thence along the west line; of. Tract 2, N00 401'50'W 396,64' feet to the true 'point of begining thence continuing along the West line Of tract 2 258.64 feet to the Northwest corner of tract .2; thence along the ndrth line of 3ract3,. 389, 18'50"W. 100,00 feet thence leaving said Tract line N49 00'' 13"'E 250.40>feet; :thence East 117.08 feet, thence.South_421.69:feet, thence West 203.00 feet to the true point of begining. Said parcel of land contains 2.00 acres more or less,, together:with an easement for maintinance of a water. line. Easement is as follows: 12 feet.. North of the.SW survey pin;;131 feet east of the west property line; and 88 feet East of the West property aan shown.on survey 'plat, together with one half share of Petunia Sunshine Well. Maintenance' of well and expences will be shared one half with Fritz Bachman and Plaria Bachman. also known as street and number with all its appurtenances, and warrant(s) the title to the same, subject to Signed this day of STATE OF COLORADO, County of The forenoing instrument was acknowledged before me this F�:v day of �``...� , 197:•::1, by v • _ i 'J ss. My commission expires My Commission Expires May ZL, 1984 Witness my hand and official seal: No. 897. NVarranty Deed—Short Form Bradford Publishing.. 5825.W. 6th Ave., Lakeeond, CO80214—(303) 233.6900 Notary Public 9,82