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HomeMy WebLinkAbout4.0 Resolution 87-71STATE OF COLORADO Kecorded at 9:6) V o'clock _an. JUN 3 0 1987 ) Reception No._ 3133r69 MILDRED ALSDORF, RECORDER )ss County of Garfield ) GARFIELD COUNTY, COLORADO At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held at the Commissioners' Meeting Room at the Garfield County Courthouse in Glenwood Springs on the 29th day of June A.D. 19 87 , there were present: Robert Richardson Larry Schrnueser Marian I. Smith Don DeFord Mildred Alsdorf Chuck Deschenes , Commissioner Chairman , Commissoner , Commissioner , County Attorney , Clerk of the Board , County Administrator when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 87-71 A RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE GARFIELD COUNTY SUBDIVISION REGULATIONS FOR RINEY AND RAMONA HABLUTZEL. WHEREAS, Riney and Ramona Hablutzel have petitioned the Board of County Commissioners of Garfield County, Colorado, for an exempion 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 ;-arfield County, Colorado, adopted April 23, 1984, Section 8:00 through 8:60 and for the division of a 23.55 acre tract as described in Book 651, Pages 750-753, as filed in the Office of the Clerk and Recorder of Garfield County, Colorado into two tracts of approximately 3.43 acres and 20.12 acres each, more or less, which proposed divided tracts are more practically described as follows: Tract. A: See attached legal description for Tract. #1 Tract B: See attached legal description for Tract. #2 (in the State of Colorado and the County of Garfield); and 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 division does not warrant further 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 existing 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; and WHEREAS, the Petitioners have agreed that an existing storage structure will be removed from the site when the property is sold or ownership changed; B0r.K 715 PGE1_ 3 NOW THEREFORE, BE: IT RESOLVED .that 'the division of the above described tracts "A"and "B" from. the above described 23:55,. acre tract. is hereby exemptadfrom such defnitions and said tract may be divided into said tracts "A" and "=E" and, may; be ;con.veye'd n .;the form.: of ';such _ tracts "A and "B", all as is more fully described above and that a ':copy of the instrument orinstruments of conveyance when. recorded ,shall be filed with this Resolution. Dated this 29th:.day:o 1. TEST': June ..;...,' A. D., 1987 . GARFIELD``COUNTY:BOARD OF 'COMMISSIONERS GARFIEL ,.-COLO DO airria Upon motion duly made and seconded the foregoing' Resolution .was • adopted by the following vote Robert Richardson Larry Schmueser Marian I. Smith Aye Aye • Aye 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 -Resolution 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 19 County -Clerk and: ex officio , .Clerk of the Board of County.:: Commissioners . E3rK 715 P,!GEitl EXHIBIT A LEGAL DESCRIPTION - TRACT 1 Ni NW1 NE' Section 9, Township 6 South, Range 93 West of the 6th Prin- cipal Meridian. LEGAL DESCRIPTION TACT 2 A tract of land located in the Si of NWi, NE} of Section 9, Township 6 South, Range 93 West of the 6th Principal Meridian, Garfield County, Colorado, lying North of Rifle Creek, more particularly described as follows: Ca.:mencing at the Ni Corner of said Section 9, thence S.00'19'07"E a distance of 660.19 feet to the N.J. Corner .of- the Si, NW*, NEk of said Section 9, said point being the true Point of Beginning; thence N.89°41'47"E. along the North line of the Si, NWi, NEi of Section 9, a distance of 861.86 feet to the centerline of Rifle Creek; thence, along said centerline of Rifle Creek, S.13°27'08"W, a distance of 67.30 feet; 5.78'20416"W. a distance of 110.64 feet; 5.18'50'084'W. a distance of 41.12 feet; 5;64'23'20"W. "a distance of 111.83 feet; N.78°20'16"W. a distance of 47.58 feet; N.53°48152'`W, a dis tance of 82.78 feet; S.49°28'17%. a distance of 74.76 fleet; S.74°01''07"W. a distance of 125.70 feet; S.38°30'55''W, a distanceof 53.14 feet; N.86°47'22"W. a distance of 37.34 feet; N.04°0710394. a. distance of 36.86` feet; N.84°07'33"W, a distance of 126:.56 feet; 5.48°44'16"W. a distance of 82.01 feet; 5.20°54'57"W. a distance of 151,55 feet; S,50°54157"W. a dis- tance of 20.34 feet to a point on the West 'tine of the Si, NWA, .NEI of said Section 9; thence N.00°19'07W. a distance of 393.46 feet to the true Point of Beginning.