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HomeMy WebLinkAbout2.0 Resolution 80-130STATE OF COLORADO County of Garfield, regular At a meeting of the Board of County Commissioners for Garfield County, Colorado, held at the Court House in Glenwood Springs on Monday , the 30th day . of June A. D. 19 80, there were present: Richard CJolley Larry Velasquez SS. BOOK ` 551 nc€58 Recorded ate o'clock M. JUL 91980 Reception No. 30548 MILDRED ALSDORF, RECORDER Arthur A. Abplanalp, Jr. Nancy Sprick page, Deputy when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 80-130 Commissioner Chairman , Commissioner , Commissioner. , County Attorney , Clerk of the Board RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE GARFIELD COUNTY SUBDIVISION REGULATIONS FOR LEONARD AND SALLY HADACHEK WHEREAS, Leonard and Sally Hadachek have 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 10 r acre tract described as follows: as described in Book 419 and Page 543 in the Office of the Clerk and Recorder of Garfield County, Colorado into 3 tracts of approximately 5, 2.5, and 2.5 acres each, more or less, which proposed divided tracts are more particularly described as follows: Tract A: A parcel of land situated in the SE4 of the SW4 and Lot 4 of Section 30, T.5S.R.91W. of the 6th Principal Meridian in Garfield County, Colorado, lying East of the Easterly right- of-way line of County Road as constructed and in place in June, 1980, also known as Ingersoll Lane, and Westerly of a fence as constructed and in place in June, 1980, and being more particularly described as follows: Beginning at a point on the Easterly right-of-way line of said County Road (Ingersoll Lane) whence the West 4 Corner of said Section 30 bears N.32°08'32"W. a distance of 2318.21 feet; thence N.89°49'04"E. a distance of 684.55 feet to a point in said fence; thence S.01°13'27"W. and along said fence a distance of 320.64 feet; thence S.89°47'33"W. a distance of 679.50 feet to a point on the Easterly richt-of-way line of said County Road (Ingersoll Lane); thence N.00o19'17"E. and along the Easterly right-of-way line of said County Road (Ingersoll Lane) a distance of 320.85 feet more or less to the Point of Beginning, containing 5.021 acres, more or less. Tract B: A parcel of land situated in the SE4 of the SW'; and Lot 4 of Section 30, T.5S.R.91W. of the 6th Principal Meridian in Garfield County, Colorado, lying East of the Easterly right- of-way line of County Road as constructed and in place in June, 1980 and also known as Ingersoll Lane, and lying North of a County Road as constructed and in place in June, 1980; and being more particularly described as follows: Beginning at L point on the Easterly right-of-way line of said County Road (Ingersoll Lane) whence the W4 Corner of said Section 30 bears N.32°08'32"W. a distance of 2318.21 feet; thence S.00°19'17" W. and along the Easterly right-of-way line of said County Road (Ingersoll Lane) a distance of 320.85 feet to the True Point of Beginning of Tract "B"; thence S.00°19'17"W. and continuing along the Easterly right-of-way line of said County Road (Ingersoll Lane) a distance of 320.85 feet to a point on the Northerly right-of-way line of a County Road; thence N.89°46'01"E. and along the Northerly right-of-way line of said County Road a distance of 337.23 feet; thence N.00°46'22"E. a distance of 320.74 feet; thence S.89°47'33"W,__ a distance of 339.75 feet, more or less to the True Point of Beginning of Tract "B", containing 2.491 acres more or less. BOOK 551 rnE 588 Tract C: A parcel of land situated in the SEQ of the SW4 and Lot 4 of Section 30, T.5S.R.91W. of the 6th Principal Meridian in Garfield County, Colorado, lying Northerly of the County Road as constructed and in place in June, 1980 and Westerly of a fence line as constructed and in place in June of 1980, and being more particularly described as follows: Beginning at a point on the Easterly right-of-way line of said County Road (Ingersoll Lane) whence the Wk Corner of said Section 30 bears N.32°08'32"lel. a distance of 2318.21 feet; thence S.00°19'17"W. and along the Easterly right-of-way line of said County Road (Ingersoll Lane) a distance of 320.85 feet; thence N.89°47133"E. a distance of 339.75 feet to the True Point of Beginning of Tract "C"; thence N.89°47'33"E. a distance of 339.75 feet to a point in said fence line; thence S.01°13:27"W. a distance of 320.63 feet to a point on the Northerly right-of- way line of said County Road; thence S.89°46'01"W. and along said Northerly right-of-way line a distance of 337.23 feet; thence N.00°46'22"E. a distance of 320.74 feet, more or less to the True Point of Beginning for Tract "C", containing 2.492 acres, more or less. 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 impact created does not warrant a full 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 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", and "C" from the above described 10 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 BOOR 551 PAGE 5b9 and agreement of -the Petitioners that no further exemptions be allowed on said tracts "A", -"B", and "C and that a copy of the instrument or instruments of conveyance when recorded shall be filed with this Resolution. Deputy C erf the Bo of Count Commissioners Garfield County, 'Col orado THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO i By:/r� ... Chair an Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: Richard C. Jolley Aye Larry Velasqqez Aye Aye Commissioners STATE OF COLORADO County of Garfield I, , County Clerk and ex -officio Clerk of the Board of County Commissioners end for the County and State aforesaid do hereby certify that the annexed and foregoing Order is truly copied from the Records of oceedings 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.