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Home My WebLink About2.0 Resolution 81-210bou 576 PAGE466 STATE OF COLORADO J� JUL 0 1981 ss. Recorded of / , �= o'clock __P_ County of GarfieldRace rt on f :o. r'7r�'ti_ MILDRED ALSDORF, RECORDER Ata...............................Y.....9.....e AA:..................meeting of the Board of County Commissioners for Garfield County, Colorado, u1 held at the Court House in Glenwood Springs on......... Tuesday the ....7 ..........................day of ....jM1_v....................................... A. D. 19.. 81...... , there were present: LaYry Velasquez,,,,,,,,,,,,,,,, Commissioner Chairman Eugene "J1m"....Drinkh..ouse ...... , Commissioner ..... ....... ................ .... ....................................................................................... . Commissioner Earl.......................................... G. Rhodes, As ................................................ County Attorney ... Cheryl J; ,Koss, Deputy ............................. , Clerk of the Board .................. when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 111-210 RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE GARFIELD COUNTY SUBDIVISION REGULATIONS FOR HOMER C. AND LORETTA A. JOHNSON. WHEREAS, Homer C. and Loretta A. Johnson 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 39.69 acre tract described as follows: That parcel of land as described in Document No. 304784 as filed in the Office of the Clerk and Recorder of Garfield County, Colorado into 4 tracts of approx- imately 27.04, 5.39, 5.08 and remaining 2.18 acres each, more or less, which pro- posed divided tract(s) are more particularly described as follows: Tract A: A parcel of land situated in Lot 1 of Section 9 and in the SE4SW4 of Section 4, all in Township 6 South, Range 92 West of the 6th Principal Meridian, Garfield County, Colorado, lying Easterly of the Easterly right-of-way line of County Road No. 229, Southerly of the Southerly right-of-way line of County Road No. 236, and Northerly of the Northerly right-of-way line of U.S. Highway 6&24, said parcel of land is more fully described as follows: Beginning at a point on said Road No. 229 and the Section line common to Sections 4 and 9; whence the reestablished Quarter Corner of said Sections 4 and 9 bears: N 89014'35" E. 1318.64 feet; thence N 00°37'24" W. along said Road No. 229, 805.71 feet to a point on said Road No. 236; thence N 73°43'00" E. 929.82 feet along said Road No. 236; thence S 00°32'00" E. 779.27 feet; thence N 89°28'00" E. 61.00 feet; thence S 00°32'00" E. 701.64 feet to a point on said Highway; thence N 85021'00" W. 357.80 feet along said Highway; thence N 04°1131" E. 139.11 feet; thence N 85°24' 04" W. 210.41 feet; thence S 34047'02" W. 160.63 feet to said Highway; thence N 85020'00" W. along said Highway 308.91 feet, to a point on said Road No. 229; thence N 00028'54" W. 336.18 feet to the point of beginning, containing 27.04 acres, more or less. Tract B: A parcel of land situated in the SE4SV4 of Section 4, Township 6 South, Range 92 West of the 6th Principal Meridian, Garfield County, Colorado, lying Southerly of the Southerly right-of-way line of County Road No. 236, said parcel of land is more fully described as follows: Beginning at a point on the North-South Centerline of said Section 4; whence the reestablished South Quarter Corner of said Section 4 bears: S 00°31'52" E. 273.80 feet; thence S 89°28'00" W. 395.00 feet; thence N 00°32'00" W. 779.27 feet to said Road No. 236; thence N 73°43'00" E. 188.45 feet along said Road No. 236; thence S 14057'36" E. 857.46 feet to the point of beginning, containing 5.39 acres, more or less. Tract C: A parcel of land situated in Lot 1 of Section 9 and in the SE4SW14 of Section 4 all in Township 6 South, Range 92 West of the 6th Principal Meridian, Garfield County, Colorado, lying Westerly of the North-South Centerline of said Sections 4 and 9, and Northerly of the Northerly right-of-way line of U.S. Highway 6 and 24, said parcel of land is more fully described as follows: BOOK 676 FnE46`f' Beginning at the reestablished Quarter Corner common to said Sections 4 and 9;' thence S 00°32'42" E. along said North-South Centerline, 397.90 feet to a point on said Highway; thence N 85°21'00" W. 301.40 feet along said Highway; thence S 04039'00" W. 60.00 feet along said Highway; thence N 85°21'00" W. 28.60 feet along said Highway; thence N 00°32'00" E. 701.64 feet; thence N 89°28'00" E. 334.00 feet to a point in said North-South Centerline; thence S. 00°31'52" E. along said North- South Centerline, 273.80 feet to the point of beginning, containing 5.08 acres, more or less. Tract D: A parcel of land situated in the SE4SW4 of Section 4, Township 6 South, Range 92 West of the 6th Principal Meridian, Garfield County, Colorado, lying Southerly of the Southerly right-of-way line of County Road No. 236, and Westerly of the North-South Centerline of said Section 4, said parcel of land is more fully described as follows: Beginning at a point on said Centerline; whence the reestablished South Quarter Corner of said Section 4 bears: S 00°31'52" E. 273.80 feet; thence N 14°57'36" W. 857.46 feet to a point on said Road No. 236 thence N 73°43'00" E. along said Road No. 236, 222.00 feet to a point on said Centerline; thence S 00°31'52" E. along said Centerline, 890.68 feet to the point of beginning, containing 2.18 acres, more or less; 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 impact created 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 loc- ating 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", "C", and "D" from the above described 39.69 acre tract is hereby exempted from such definitions and said tract may be divided into tracts 11A", "B", "C", and "D" 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 Petitioners that no further exemptions be allowed on said tracts "A", "B", "C", and "D" and that a copy of the instrument or instruments of conveyance when recorded shall be filed with this Resolution, and, that a deed conveying the 30 foot easement along County Road 229 be made to the County, and that a copy of said deed be made available to the Garfield County Planning Department; and further, that only one drive -way permit be allowed for the 27 acre parcel, accessing from either County Road 229 or County Road 236, with no new access being allowed from Highway 6 & 24; and further that only one access be allowed for each of the other three parcels. THE BOARD OF COUNTY COMMISSIONERS GARFIEL COUNTY,(COLORADO BY: Chaff� ATTEST: -�� i Deputy Clerk ofd fhe Board of County CommLsdioners Garfield County, Colorado Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: L,IXxY...V RJ d.SS1U.(�7................................................................................Aye FrugQ.nP..... Jim ....M�� 1�4.X101.��..................................... ...................... Aye ....................................................................................................................... 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. 19 .............. County Clerk and ex -officio Clerk of the Board of County Commissioners.