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HomeMy WebLinkAbout3.0 Resolution 81-285' WK 581 STATE OF coLoxADo ss. Recorded at O'clock 14 M. nrT 7 Nal County of Garfield Reception No. g �n�; MILDRED ALSDORF, RECORDER At a.:.......regular ,,,,,,,,,,,,,,,meeting of the Board of County Commissioners for Garfield County, Colorado, held at the Court House in Glenwood Springs on RQIR Ay ...................... .............................. the ..2 8 ty........ .......day of ,September .......................A. D.19.8l....... , there were present. L1rr r Velasquez , Commissioner Crairman ..FTaVe11 J Cerise ,,,,:Commissioner ......... ........ ......... ER(jjene "Jim" Drinkhouse ................; Commissioner Earl G Rhodes ... county Attorney Cher `7....:. Kos .c's....2e2utX... . , clerl: of the Board when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 81-285 A RESOLUTION CONCERNED WITH AMENDING A PREVIOUS RESOLUTION NO. 81-220 GRANTING AN EXEMPTION TO RICHARD JOLLEY. WHEREAS, the Board of County Commissioners of Garfield County, Colorado upon application of -Richard Jolley, adopted its Resolution No. 81-220, granting certain exemptions t -D the proposed division of land in Section 20, Township 6S, R92 west of the 6th P.M.; and WHEREAS, the Board has been advised that'its ons No. 81-220 is in certain respects in error; NOW, THEREFORE BE IT RESOLVED that t'.iis Board's Resolution No.`81-220 be and hereby . is amended to read in its entirety as follows: WHEREAS, Richard Jolley 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, 50-28-101 (10) (a) -(d), as amended, and the Subdivision Regulations of Garfield County, Colorado, adopted January 2, 1979, .S;ections 2.02.21 (d) and 3.02.01 for the division of a 40.06 acre tract described as follows: that parcel of land as described in Document No. 232753, 274415, and 276117 as filed in the Office of the Clerk and Recorder of Garfield County, Colorado into 3 tracts of approximately.13.35, 13.35 and 13.36 acres each, more or less; which proposed.divided tracts are more particularly described as follows: Tract A: A Parcel of land being the West 1/3 of the SW4SW4 of Section 20, Township 6 South, Range 91 West of the Sixth Principal Meridian, Garfield County, Colorado, being more fully described as follows:. Beginning at the Southwest Corner of said Section 20; thence N.00°01'21"W. 1310.99 feet along the West line of said Section 20; thence N. 89°38'13"E. 443.32.feet along the North line of said SW%sW4; thence S.00°02'26"E. 1311.40 feet to a point on the South line of said Section 20; thence S.39°41'26" W. along said South line, 443.73 feet to the point of beginning, containing 13.35 acres, more or less. Tract B: A Parcel of land being the Center 1/3 of the SWt4SW4 of'Section 20, Township 6 South, Range 91 West of the Sixth Principal Meridian, Garfield County, Colorado, being more fully described as follows: Beginning at a point on the South l.:ne of said Section 20, whence'the Southwest Corner of said Section 20 bears: S,89°41'26"W. 443.73 feet;.thence N.00°02'26"W. 1311.40 feet to a point on the North line of said SW4SW4; thence N.89°38'13"E. 443.32 feet along said North line; the)�.ce S.00°03'32"E. 1311.82.feet to a.poi-.c on said South line: thence S.89°41'26"W. along said South line, 443.74 feet to the point of beginning, containing 13.35 acres, more or less. Tract C: A Parcel of land being the East 1/3 of the S144SW4 of Section 20, Township 6 South, Range 91 West of the Sixth Principal 1-% ridian, Garfield County, Colorado being more fully described as follows: Beginning at the Southeast Corner of said SW4SW4, whence the Southwest Corner of said Section 20 bears: S.89°41'26"W. 1331.20 feet; thence S.89°41'26"W. 443.73 feet along the South line of said Section 20; thence N.00°03'32"W. 1311.82 feet to a point on the North line of said SW4SW4; thence N.89°38'13"E. along said North line, 443.32 feet to the Northeast Corner of said SW4SW4;- thence S.00"04'38"E. along the West line of said SW4SW4i 1312.23 feet to the point of beginning, containing 13.36 acres, more.or less. KIK 5S'-" NOTE: The bearing -source established by solar observation 1978. Use N.00°01'21"W. betweenthe Southwe::t'CoYner-and the West Quarter Corner of Section 20; the Northeast Corner of the SW14SW%, the Northeast corners of Parcels No. land No. 2 are subject to change upon 'a true Section Split -out of Section 20. The East and Northlines were esirablished by averaging the existing corners found within Section 20 with record data of the GLO Plat Data. (in the State of Colorado and County of Garfield); and WHEREAS, the'Petitioner has demonstrated to the satisfaction of the Board of County __bommissioners of Garfield County, Co'.orado, 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 further subdivision review, 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", and "C" from the above described 40.06 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 and agreement\of the Petitioner that no further exemptions be allowed on said tracts "A", "B", and "C", and that a copy of the instrument or instruments of con- veyance when recorded shall be filed with this Resolution. BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, -COLORADO BY: Chairma ATTEST: Deputy C1 k of ' e Board Upon motion dul made and seconded the foregoing Resolution was adopted by the following vote: Larry Velasquez Flaxen.... . J, Cer sO.�..................................................................Aye ::�u..................��... ,.....rr.............................................................................Aye gene Jim Drinkhous.e ............................................................................................................ Aye Commissioners 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 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. 1.9 .............. County Clerk and ex -officio Clerk of the Board of County Commissioners.