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HomeMy WebLinkAbout4.0 Resolution 94-065eoox0905 PACE 487 RcC3ROEO 7•' 5' :J"CLJUN P.M. _-C 464411 JUN 1 0 1994 MILOP .y ALS JCR ;h .� ; O � _LN T Y :i r STATE OF COLORADO ) )ss County of Garfield ) At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Commissioners' Meeting Room, Garfield County Courthouse, in Glenwood Springs on Monday , the 6th of = June A.D. 19 94 , there were present: Elmer. (Buckey) Arbaney ° ,'Commissioner Chairman - :Arnold L. Mackley , Commissioner - Marian I. Smith , Commissioner Don DeFord , County Attorney :Mildred Alsdorf , Clerk of the Board Chuck Deschenes , County Administrator when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 94-065 A RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE GARFIELD COUNTY SUBDIVISION REGULATIONS FOR DALE A. AND LISA J. GRAY. WHEREAS, DALE A. AND LISA J. GRAY 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 April 23, 1984, Section 8:00 through 8:60 and for the division of a 7.219 acre tract as described in Reception #422936 as filed in the Offices of the Clerk and Recorder of Garfield County, Colorado, into two parcels of approximately 3.136 and 4.083 acres in size, more or less, with the exemption parcels more practically as follows: Lot 1 (see attached) Lot 2 (see attached) (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 parcels, that there is existing ingress and egress to said parcels, 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" BoA905 , 488 as set forth in C.R.S. 1973, 30-28-101 (10) (a) -(d), as amended; and NOW THEREFORE, BE IT RESOLVED that the division of the above described parcels 1 and 2 from the 7.219 acre tract is hereby exempted from such definitions and may be conveyed in the form of such parcels "Lot 1" and "Lot 2" as is more fully described above and that a copy of the instrument or instruments of conveyance when recorded shall be filed with this Resolution. Dated this ATTEST: _ day of L , A.D. 19 . Clrrk of the Board vote: GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFIELD COUNTY, COLORADO Chairman Upon motion duly made and seconded the foregoing Resolution was adopted by the following Elmer (Buckey) Arbaney Arnold L. Mackley , Aye , Aye Marian I. Smith , Aye STATE OF COLORADO ) )ss 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 Proceeding 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 8(40905 w f 489 LEGAL DESCRIPTIONS LOT 1 A portion of Parcel 2, Dawson Subdivision Exemption, a plat of which Exemption has been recorded as Reception No. 422936 in the records of the Garfield County Clerk and Recorder, which portion is located in the NW1/4 of Section 25, Township 5 South, Range 91 West of the Sixth Principal Meridian and being more particularly described as follows: Beginning at a point on the southerly right of way of County Road 245 from whence the N1/4 Corner of said Section 25 bears N88'33'34"E 1325.58 feet and from whence the Northwest Corner of said Section 25 bears N89' 13'23"W 1325.49 feet, thence 500'14'18"E 279.26 feet; thence S89"45'42`W 478.21 feet; thence NO2'04'O1 "W 286.89 feet to a point on said Count — Road Right—of—Way; thence along said Right—of—Way S89'21 '28 E 48742 feet to the point of beginning containing 3.136 acres more or less. LOT 2 A portion of Parcel 2, Dawson Subdivision Exemption, a plat of which Exemption has been recorded as Reception No. 422936 in the records of the Garfield County Clerk and Recorder, which portion is located in the NW1/4 of Section 25, Township 5 South, Range 91 West of the Sixth Principal Meridian and being more particularly described as follows: Beginning at a point from whence the N1/4 Corner of said Section 25 bears N76'42'59"E 1360.40 feet and the Northwest Corner of said Section 25 bears N7722'15"W 1359.42 feet; thence 500'14'18"E 351.93 feet; thence 589'31'37"W 552.64 feet; thence N16'25'10"E 270.27 feet; thence NO2'04'01 "W 95.32 feet; thence N89'45'42"E 478.21 feet to the point of beginning containing 4.083 acres more or less.