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HomeMy WebLinkAbout2.0 Resolution 80-49o O STATE OF COLORADO gs. At a,.......,........,.f.eg.U1.4.f. ......meeting of the Board of County Commissioners for Garfield County, Colorado, ^n-I- f,i:le*ll*lllllltf..- ::.:::::: : : :: : :::H:::x chairman County of Garlield :..:..Ai-{hu:i,a,,ab-iiiqffijp; -.rL. ::.. : . : ::ffi'ffil", .......N.nn.c.y...Sp.[i.gh...P.eg.g.r....Qgp.q!J................. , crerk of the Board when the following proceedings, among others were had arrd done, to-wit: RESOLUTION NO. BO-49 RESOLUTION CONCERNED t,JITH GRANTING AN EXEMPTION FROI1 THE GARFIELD COUNTY SUBDIVISION REGULATIONS FOR LEONARD AND PEGGY IVIE WHEREAS, Leonard and Pegey Ivie have petitr'oned the Board of County Commissioners of Garfield County, Colorado, for an exemption from the definition of the terms "subdiv'is'ion" and "subdivided land" under C.R.S. 1973, 30-28-l0l (.l0) (a)-(A), as amended, and the Subdivision Regulations of Garfield County, Colorado, adooted January 2, .I979, Sections 2.02.?1(d) and 3.02.01 for the division of a 7.0 acre tract described as follows: that parce'l of land as described in Docunrent No. 257562 as filed in the Office of the Clerk and Recorder of Garfield County, Colorado into 2 tracts of approxfmately 2.0 and 5.0 acres each, rnore or Iess, which proposed divided tract is more particularly described as follows: Tract A: A tract or parcel of land located in the SEIaNIll% of Section 4, Township 6 South, Range 9l West of the 6th P.M., lying Southerly of the County Road, being a portion of that property described in a warranty deed recorded Book 442, pdge 273, Dr-rcument 257562, Garfi ei d County records , descri bed as fol I ows : Beginning at the Southwest corner of Lot 3, Section 4, Tp. 65., R.91 hl., of the 6th Principal Meridian, thenee Easterly andparallei to the Southern boundary of County Road 2.l4, a d'istanceof 244.60 feet to the True Point of Beoinnino; thence continuing Easterly and para1lel to the Southern boundary of County Road 2.l4, a distance of 173.0 feet, mcre or less, to the Eastern boundaryof property described in Document 257562; thence South to the North bank of the Ware and Hinds D'itch a distance of approxinrateiy 506 feet; thence Southwesterly along the I'lorth bank of said ditchto a point located due South of the point of beginning; thence North and para'I1e1 to the Easterly boundary of that parcel of land described in Docurnent 257562 to the True Point of Beginning. The above described parcel of land contains 2.00 acres, more or less. County of Garfield, State of Colorado. 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 with'in the purposes of Part 1, Article 28, Title 30, Colorado Revised Statutes .l973, as anended, for the reason that the impact created is not large enough to proceed throuqh the full subdivision review, and; IIHEREAS, the Petitioners have demonstrated to the satisfaction of the Boardof County Commissioners of Garfie'ld County, Colorado, that there is a reasonableprobability of locat'ing domestic water on each of said tracts, that there is adequate ingress and egress to said tracts, that the'location of septic tankswill be permitted by the Colorado Department of Health, that the requesteddivision is not part of an existing or'larger development and does not fall with-in the general purposes and intent of the subdivision regulations of the Stateof Colorado and the County of Garfield, and should, therefore, be exempted from the definition of the terms "subdivision" and "subdivided Iand" as set forthin C.R.S. .i973, 3i-23-.l01 (.i0) (a)-(d), as arneirded; N0l,l, THEREFORE, BE IT RESOLVED that the div'ision of the above described tract "A" such defi npre ful l ,fnityd o o rom the above described 7.0 acre tract is hereby exempted frorn ions and said tract may be divided into tract rrA'r, all as is escribed above, and said divided tract may be conveyed in the form of such smaller tracts w'ithout further comp'liance urjth the aforesaid subdivision statutes and regulations; provided, however, that this exemptionis granted on the condition and with the express understandin5l and agree- nent of the Petitioners that no further exemptions be allowed on said tract "A", nor the remaining 5.0 acre parcel, and that a copy of the instru- ment or instruments of conveyance when recorded shall be filed with th'is Resol uti on. THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO a rman ATTEST:t a of unty ssioners Garfie'ld County, Colorado By upon notion dury n.6s *o *"flitfijleot1:r"ffl F];Uiiri"J':""e4'i was adopted by the following vote:Resolution lle.Y ....lSe ...........--..Aye Commlssioners STATE OF COLORADO ss County of Garfield I, -.--..-.-.-. ....., Coqnty Clerk and ex-officio Clerk of the Board of County Commissioners ln and for the Ccunty and Shte aforesaid do hereby crtify that the annexed a::d foregoing Orde is truly copied from th= Rc:o:Cs e! thc Proceedings of the Board of County Comrnissioners for said Garfield County, now in my office. IN VITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at Glenwood Springs, thk....................day of ........ .... , A. D. 19 .............. :' * County Clerk and ex-officio Clerk of the Board of County Commissioners.