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HomeMy WebLinkAbout2.0 Resolution 92-100RECORDED 41� O'CLOCK/.M. REC # 44 MILDRED ALSDORF, COUN CLERK STATE OF COLORADO ) )ss County of Garfield ) BuoK 846 QAGf949 Ata regular meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Commissioners' Meeting Room, Garfield County Courthouse, in Glenwood Springs on Monday , the 9th of November A.D. 19 92 , there were present: Arnold L. Mackley Elmer (Buckey) Arbaney Marian I. Smith Don DeFord Mildred Alsdorf Chuck Deschenes , Commissioner Chairman , Commissioner , Commissioner , County Attorney , Clerk of the Board , County Administrator when the following proceedings, among others were had and done, to -wit: AMENDED RESOLUTION NO. 92-100 A RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE GARFIELD COUNTY SUBDIVISION REGULATIONS FOR NORTH THOMPSON FOUR MILE MINERAL AND LAND CORPORATION (BURTARD EXEMPTION). WHEREAS, North Thompson Four Mile Mineral and Land Corporation (Burtard Exemption) 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 155 acre tract as described in Book 610, Page 364, as filed in the Offices of the Clerk and Recorder of Garfield County, Colorado, into two parcels of approximately 5.243 acres and 150.0 acres each, more or less, which the proposed small tract is more practically described as follows: Lot A: See Attached (in the State of Colorado and the 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 parcels, that there is existing ingress and egress to said parcels, 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 • • BOOK 846 racE95O 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 parcel "1" from the above described 105 acre tract is hereby exempted from such definitions and may be conveyed in the form of such parcel "1", as is more fully described above and that a copy of the instrument or instruments of conveyance when recorded shall be filed with this Resolution. Dated this 9th day of November , A.D. 19 92 . ATTEST: GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFIELD COUNTY, COLORADO lq,-_� re Cle of the Board Chairman vote: Upon motion duly made and seconded the foregoing Resolution was adopted by the following Chairman Arnold L. Mackley ,Aye Commissioner Elmer (Buckey) Arbaney ,Aye Commissioner Marian I. Smith ,Aye STATE OF COLORADO ) )ss 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 Proceeding 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 • f EXHIBIT A LEGAL DESCRIPTION - LOT A Booz 846 ?M;E95i A parcel of land situated in Lot 1, Section 6, Township 8 South, Range 88 West of the 6th Principal Meridian, County of Garfield, State of Colorado, and being more particularly described as follows: Beginning at a point whence the Northeast Corner of said Section 6 bears S 89 ° 42' E, 132.39 feet, said point also lying on the easterly line of the Snowmass Coal Company access easement (90 ft. in Width); thence also said easterly line S 58°19'09" W, 99.61 feet; thence along a curve to the left 476.10 feet having a radius of 671.20 feet and a chord that bears S 37°59'54" W for 466.18 feet; thence S 17 *40'41" W, 357.11 feet; thence departing said easterly line S 89°22'10" W, 249.81 feet; thence N 15°55'37" E, 793.04 feet; thence N 89°33' E, 210.50 feet; thence S 89 ° 42' E, 301.89 feet to the Point of Beginning and containing 5.243 acres of land more or less.