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HomeMy WebLinkAbout4.0 Resolution 80-196STATE OF COLORADO ss. County;of Garfield regular At a meeting of the Board of County Commissioners for Garfield County, Colorado, Monday , the 18th - day of 554 PGE 85 'Recorded at m: AUG 1.9 1980 r%` ' orclo„k_p Recepi:cn P�'e. 306603r MiLD2CD ALSDCRF, RE;,Of;LiR held at the Court House in Glenwood Springs on AU9Ust A.D,19 80 , thea ere present: Richard C. Jolley Fl avert Cerise Larry Velasquez Arthur A. Abplanalp, Jr. Nancy Spric'k"'Page, Deputy , Commissioner Chairman , Commissioner Commissioner County Attorney Clerk of the Board when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 80-196 RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE GARFIELD COUNTY SUBDIVISION REGULATION FOR WILLIAM T. GUCCINI AND DONNA L. GUCCINI WHEREAS, Donna L Guccini has 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 4.85 acre tract described as follows: That part of the NE ', SW 4 and the NW '- SE 1/4, Section 5, Township 6 South, Range 89 West of the 6th P.M., lying between the North right- of -way line of U.S. Highway No. 6 and 24 and the South right -of -way - line of the County Road, and more fully described as follows: Beginning at a point on the North line of said U.S. Highway No. 6 and 24 whence the SW corner of Section 35, Tp. 5S., R. 89 W. of the 6th P.M. bears N. -50°22'W. 2879.13 feet; thence N. 1°51'E. 503.60 feet to the South line of County Road; thence N.. 71°20'W. 408.70 feet along the South line of County road; thence S. 1°51'W.577.0 feet to the North line of U.S. Highway 6 and 24; thence S.81°36'30" E. 393.79 feet along the North line of U.S. Highway 6 and 24 to the point of beginning. Together with all ditch and water rights connected therewith, into 2 -tracts of approximately 1.41 and 3.44 acres each, more or less, which proposed divided tracts are more particularly described as follows: Tract A: A parcel of land situated in the SW1 and the SE's of Section 5, Township 6 South, Range 89 West of the Sixth Principal Meridian, Garfield County, Colorado, more particularly described as follows: Beginning at a point on the Southerly right-of-way line of County Road 130, whence the Southwest Corner of Section 35, Township 5 South, Range 89 West of the Sixth Principal Meridian bears N. 56°55'42"l! 2203.36 feet; thence S. 71°20'00"E. 408.70 feet along the southerly line of said County Road 130; thence S.01°51'OO"W. 346.95 feet; thence N. 80°52'35"W. 266.83 feet: thence N. 86°05'37"W. 126.63 feet; thence N.01°51'00"E. 426.87 feet to the point of beginning, containing 3.44 acres, more or less. Tract B: A parcel of land situated in the SW1 and the SE's of Section 5, Township 6 South, Range 89 West of the Sixth Principal Meridian, Garfield County Colorado, more particularly described as follows: Beginning at a point on the Northerly right-of-way line of U.S. Highway 6 and 24, whence the Southwest Corner of Section 35, Township 5 South, Range 89 West of the Sixth Principal Meridian bears N. 50°22'00"W. 2879.13feet; thence N. 81°36'30"W. 393.79 feet along the the Northerly right-of-way line of said U.S. Highway 6 and 24; thence S. 80°51'00''E. 150.11 feet; thence S.86°05'00"W. 156.65 feet to the point of beginning, containing 1.41 acres, more or less. WHEREAS, THE Petitioner has demonstrated to the satisfaction of the Board of County Commissioners of Garfield County, Colorado, that the BPK 554 PAGE 86 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 subdivision is adequately served by existing streets and roads and presents no problems to the intensive use of land and was exempted by the County Commissioners as stated in 3.02.01 of the Garfield County subdivision resolution, and, WHEREAS, the Petitioner has 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 the subdivision regulations of the 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 (10) (a) -(d), as amended; NOW, THEREFORE, BE IT RESOLVED that the division of the above described tracts "A", "B", from the above described 4.85 acre tract is hereby exempted from such definitions and said tract may be divided into tracts "A", "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 Petitioner that no further exemptions be allowed on said tracts "A", "B", and that a copy of the instrument or instruments of conveyance when recorded shall be filed with this Resolution. THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO Chairman ATTEST: it/i2 000i D putt' r' of the Bird of Cou y Commissioners Garfield Couty, Colorado Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: Richard C. Jolley Aye Flaven Cerise Aye Larry Velasquez Aye Commissioners STATE OF COLORADO 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 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.