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HomeMy WebLinkAbout4.0 Resolution 82-68STATE OF COLORADO County of Garfield At a held at the Court. House in Glenwood Springs on ss. regular iaox 595 nr,E61.6 Recorded at 16:34 o'dock A M. MAR 26 19R2 Reception No. 326064 MILDRED ALSDORF, RECORD; i meeting of the Board of County Commir.'u:'r:,;rs for Garfield County, Colorado, Tues day the Z, rd..day of Nor ch A. D. 19 82 , there were present: lAyen J Cerise Eugene Drinkhouse Velasquez Earl G. Rhodes Leanne Cleland, Deputy when the following proceedings; among others were had and done, to -wit: 4Z RESOLUTION. NO..: 68 Commissioner Chairman Con missioner • .Commissioner County Attorney Clerk of the Board A RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE REC-ULATIONS FOR GEORGE AND DOROTHYsBAGLEY: WHEREAS, George :and Dorothy Bagley. have petitioned the Board of County Commissioners of Garfield Count y;. Colorado, for exemption from the:.definition of the :terms:....:::...:.::, "subdivision" and "subdiviad 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 01 :: a 50 acre tract described as follows: that parcel of land as described in Document No. '170599.:as' filed .in the Office of the Clerk and 'Recorder of Garfield County, Colorado into ;3 tracts _ of approximately 2.14, 2.14, and approximately 46 acres each, more)or less, which proposed''. divided tracts are more particularly -described as follows GARFIELD`COUNTY SUBDIVISION TRACT A: A parcel of land sltuate in Lot 1, Section 5, Township 6 South, Range 92 West of the 6th Principal Meridian lying southerly, of County Road .#233 and westerly of County Road #229.'and= more particularly described- as follows: Beginning at the northwest corner of said Section 5; thence S.88°27'45"E.: 4484.03 'feet to the true point of beginning with all bearings . contained herein being. relative to a'bearing-of N.89°93'00"E. along the north line of said Section 5,.thence .N'.00°41'00"W. 114 00 feet' to, the southerly. right-of-way of County Road •#233; .:thence along said southerly right-of-way N. 89°26' 00"E. 820.00 feet to a point that intersects the east line of Section 5; ::thence along said east section line of Section 5 S.00°41'00"E. 114.00:' feet ;thence S. 89°26' 00"W. 820.00' feet to the 'true Point of begin- ning.: Said parcel of land contains 2.14_ acres more or less. This land is subject to any existing right-of-waysor easements. of record or.by.existing physical location. TRACT B: A parcel of:t:land situate in Lot 1, :Section 5, Township 6 South, Range 92 West of the 6th Principal:Meridian:.and more particularly described as follows: Begiiining:'at the northwestcorner of said Section 5', thence :S.88°27'45"E..= 4484.03 feet to the true point of 'beginning with all bearings contained herein being relative to a bearing of.;'.N.89°53'00"E. along the north lineof said Section.5, thence N: 89°26'00"E..820.00 feet tothe east lineof said.. Section 5i thence along east section line S.00°41-'00"E..114:00•feet; . thence S 89°26700"W. 820.00. `feet,`. thence. N 00°41'00"W 114.00 feet,. to the true .point of beginning. Saidparcel' of land contains 2.14 acres more or less. This land is subject to any existing right-of-ways or easements of.record or by existing physical location: :n• the State of Colorado and. County of Garfield); and WHEREAS, the Petitioners have demonstrated to the satisfaction of the: Board of County Commi•ssioners. 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 theimpact created`does not warrant:further subdivision review; and:.: SOOK 595 racEE17 :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 tl- subdivision regulations of the State of Colorado and the County of Garfield, and shdu'ld, 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", "B", and "C", from the above described 50 acre tract is hereby exempted from such definitions and said tract may be divided into tracts "A", "B", and "C",: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 " " " P"A", B and C" , and that a copy of the instrument` or instruments of conveyance when recorded shall be filed with this Resolution. ATTEST,; ty Clerk of the Board.:: BOARD OF COUNTY.. COMMISSIONERS:. GARFIELD COUNTY, COLORADO Upon motion: duly made and seconded the foregoing Resolution was adopted by the following .vote: Elaven..:J C.ezas e Aye Eug.D.a.n1thQl a.e Aye Larry Aye Commissioners STATE OF COLORADO o 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 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 havehereunto 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 ofC County Commissioners. .