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Home My WebLink About3.0 Resolution 85-64i%ecot Ciad at �'; ` r`� o'c;OCi mAYO 1 i98 Recepv:on No.f.,:461370.1MiLD,"iLD ��L, D.. i R CORDER GARFIELD COUi.iTY, COLORADO DO ,C STATE O:F...;.COLORADO':. County of Garfield ) ss 3 At a regular meetingot the Board of .County Commissioners tor Garfield County, Colorado, head at the Commissione:rs': Meeting Room at the Garfield County Cour tnouse in Glenwood Springs on Monday the ' 2 -9th day -day of April A.D. 19 85 , tnere ; were present: Roaert :Richardson Larry Schmueser. FIaven.``J..` Cerise Jim ` Larson Mildred Alsdor f Commissioner :.Chairman . Comm iss'ioner; ,. Conuiii-ss'ioner':..... .:County.:Attorney Clerk ot.::::the ..Board:. ne.ri the' fo110w:inq proceedin wgs, among otne:rs'..were :had andend,:done,H..to.-witi . RESOLUTION NO.: ;85_6. A . Rr SOLUTION CONCERNED -WITH GRANTING ':AN :EXEMPTION . FROM THE GARFIELD:.COUNTY::.. SUBDIVISION REGULATIONS -'FOR GARY,_' STEVE AND.. PAULAKELLAWAY. WHEREAS,,Gacy,::.Steve and P014- Kellaway nave petitioned the Board_of-. County CommissionersOf.Garfield County, Colorado,, :for; an exemption: from the- definition of tne 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, Sections 8:00 tnrougn 8:'60 tor the division' of a 10 acre 'tract as described. in Book 558,. page 198, as filed ip tne Office of the. Clerk and Recorder of Garfield County, Colorado into two tracts of appro: imatel.y 5 acres eacn, more or Less, Which proposed divided tracts are moce. particularly described as 'follows: TRACT A: See attached legal description for Tract:! TRACT 8: See attached legal description for Tract 2., (in the State ot Colorado and tne County :of Gar.fieid)', and WHEREAS, the Petitioners nave demonstrated to tne satisfaction of tne 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 Regised Statutes 1973, as amended, for the reason that .f the division does not warrant urter subdivision review; and WHEREAS, the Petitioners have demonstrated to the satisfaction of tne Board. of County Commissioners of Garfield County, Colorado, proof of €� legal. and adequate source of water on eacn of tne said tracts, tnat tnere is adequate.ingress and egress to said tracts, that the .Location of septic: tanks will 'be : permitted .by tne 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 ot tne subdivision regulations of t'he. 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 (:LO) (a) , as amended; f_ttiot( 867 . . NOW, THEREFORE, . RESOLVED t.Pat.tne.diViSion. .01 .the above described.tracts. "A". and "B" from the above described 10 acre -tract is', -.. hereby exempted -froM'.such definitions and said tract may tracts "At' ancI-"B",.and.00nveYed. in trie form._of SUch.tracts A and .B.,. all. as is tOre-fullyHdsoribed aboVe/ however, this el;emPtion is qranted u . , • . onthe:Condition and.with the express understanding and agreement of the ..:Petitioner -that no further exemptions-be_allowed on said. tracts H4P and • . "BP and that ,a copy of the instrument.or Anstruments..of conveYanCewhen. ' .-.. recorded 'snail be'lfl.led_witn..tnis'ReS0,Lutibh. . • , Dated this 29th day. of • A.D. 1985. • -ATTBSTt._:.. . ..- - . GARFIELD COUNTY BOARD OF COMMISSIONERS. GARFIELD:COUNTY, COLORADO ; ) -----/...," -,-;-.7-`) -, •-,,9' 7 .,.. ,..- .,.. ./z. /4. .,..1 /.-7.,-.4 ( ...----I' --- / , ,.e ...-t . ',. L 711 7 i; e:wzcv,i Cl rk of the Board C3.0./a'32rma'n • • . • . • • • • • . • . Upon:MOtiondullv-tade -and.:-.Seconded'theforegoing Resolution Was.. . • RObert•Rinhakison , AYe Larry Schmueser Flaven Certas=1-1 Aye: • • ; STATE OF..COLORADO 1 County of -Garfield ; , County Clerk and ex -officio Clerk: •of the Board of County Comtissioners in and tor toe 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 comtisSioners for said Garfield County, now in my office. IN WITNESS WHEREOF, I nave hereunto set my nand and affixed the seal of said County, at Glenwood Springs, this day of , A.D. 19 of the Board of County:Commissioners, County Clerk and ex -officio Clerk LEGAL; -DESCRIPTIONS Tract .1. tract of land, being the W. of the S.W. of the S.W.i. of ` the N.W i of Section 12,. Township • South, Range 92 •West of the 6th Principal. Meridian in Garfield County, Colorado,' and being more`: articularly described as follows; Beginning at the West.4 Corner of said Section 12 a ,rebar .and , ,p. marked •L.S. 11645, and set for the S.W..Corner of the S.W.1 of the N.W...of said Section .12; hence N�00°06'401.1E.. and along the West line of said -Section 12,: a distance .of .661.93=feet;,thence: .89°28'13"E. a distance of 326.58 feet;,thence -5.00°06'49"W. a distance of 661.4-1 feet; thence ' ..89°23102"W..a distance of 326.55 feet more or less to the. Point of Beginning' :Containing' .960 acres more or less. Tract 2 A tract of land being the•E.1 of the S W 1 of the S.W.a .of the N.W 4 of Section 12, Township 5 South, Range 92 West of the 6th Principal Meridian in Garfield County, Colorado, and being more particularly described as follows: Beginning at a.point from which the West a Corner of said Section 12, a`rebar and cap marked:L.S. 11645 and set for the S.W. Corner of the S.W.1 of the N.W.1 of said Section 12, bears S.89°23'02"W. a distance of 326.55, feet; thence N.89°23'02"E a distance of 326.55 feet; thence N.00°06'58"E. a distance of 660:89 feet; thenceS.89°28'31"W. a distance of 326 57 ;feet; . thence S.00°06'49"w. a distance of 661.41 feet more,. or less to' the Point of Beginning. `.%Containing 4.960 acres more or less.