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HomeMy WebLinkAbout3.0 Resolution 83-113STATE OF COLORADO ) ss County of Garfield ) $t�Tf1326 PzcE5' ! ecordec? at , _ if t''dock :\ M. MAY .,i 1983 Reception No. 01.11.693 MILDRED ALSDORF, RECORDER. At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held at the Commissioners Annex in Glenwood Springs on Monday , the 2nd day of May A.D. 19 83 , there were present: Eugene "Jim" Drinkhouse Larry Velasquez (absent) Flaven J. Cerise Earl Rhodes Mildred Alsdorf when the following proceedings, among Couunissioner Chairman Commissioner , Commissioner , County Attorney , Clerk of the Board others were had and done, to -wit: Resolution No._3:.7 1 3____ A RESOLUTION CONCERNED WITH GRANTING AN EXD1PTION FROM. THE GARFIELD COUNTY SUBDIVISION REGULATIONS FOR LEWIS AND EMMA HOY. WHEREAS, Lewis and Erma. Hoy 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 47 acre tract described as follows: that parcel of land as described in Book 578, Page 737 as filed in the • Office of the Clerk and Recorder of Garfield County, Colorado into 2 tracts of approximately 23 1/2 acres eact , more or less, which proposed divided tracts are more particularly described as follows: TRACT A: A parcel .of land situated in the SW 1/4 SW 1/4 of Section 19, Township 6 South, Range 91 West of the Sixth Principal Meridian, Garfield County, Colorado lying within. the Westerly portion of a parcel of land described by Reception No. 290397 as filed in the Garfield County, Colorado records, said Parcel A is more fully described as follows: Beginning at. a point on the South line of said Section 19, whence an Iron Pipe '. i.th a Brass Cap properly marked for the Southwest Corner.of said Section 19 bears: 5.89`19'11"W. 780.60 feet; thence 5.89,19'11"W. along the South line of said Section 19,• 780.60 feet to said corner; thence FORTH along the West line of said Section 19, 1311.37 feet to the Northwest corner of said SW 1/4 SW 1/4; thence N.89'19'45"E. 780.60 feet along the North line of said SW 1/4 SW•1/4; thence SOUTH along a line parallel to said West line, 1311.24 .feet to the point of beginning, containing 23.50 acres, more or less. Subject to, and. together with a 25 foot non-exclusive easement, as described in. Reception No. 290397 and No. 290398 in Book 519 and Pages 600 as filed in the Garfield County, Colorado records. Also subject to and together with any and all easements and/or rights-of-way of record in the Garfield County, Colorado records, or as now may be constructed and in use upon and across the above described parcel of land. NOTE: The above described parcel of land was established from the data described by Reception No. 290397 as filed in the Garfield County, Colorado records. The bearing source was established along the West line of said Section 19 as described above. BOOK 626 ??GE 58 TRACT 13: A parcel of land situated in the S 1/2 SW 1/4 of Section 19, Township 6 South, Range 91 West of the Sixth Principal Meridian, Garfield County, Colorado lying within the Easterly portion of a parcel of land described by Reception No. 290397 as filed in the Garfield County, Colorado records, said Parcel No. 2 is more fully described as follows: Beginning at a point on the South line of said Section 19, whence •an Iron•Pipe with a Brass Cap properly marked for the Southwest Corner of said Section 19 bears: S.89'19'11"W. 780.60 feet; thence NORTH along a line parallel to the West line of said Section 19, 1311.24 feet, to a point on. the North line of said S 1/2 SW 1/4; thence N.89'19'45"E. 913.94 feet along said North line; thence 5.03'26'08"E. 872.05 feet; thence 5.89'19'11'W. 500.00feet; thence SOUTH 440.00 feet to a point on the South line of said Section 19; thence S.89'19'11"W. along the South line of said Section 29, 466.21 feet to the point of beginning, containing 23.50 acres, more or less. Subject to and together with a 25 foot non-exclusive easement as described in Reception No. 290397 and No. 290398 in Book 519 and 598 and 600 as filed in the Garfield County, Colorado records. Also subject to and together with any and all easements and/or rights-of-way of record in the Garfield County, Colorado records, or as now may be constructed and in use upon and across the above described parcel of land. NOTE: The above described parcel of land was established from the data described by Reception No. 290397 as filed in the Garfield County, Colorado, records. The bearing source was established along the West line of said Section 19 as described above. (in the State of Colorado and 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 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 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's as set forth in C.R.S. 1973, 30-28-107. (10) (a) -(d), as amended; NOW, THEREFORE, BE IT RESOLVED that the division of the above described tracts "A" and "B" from the above 47 acre tract is hereby exempted from such definitions and said tract may be divided into tracts "A" and "B", 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" and "B", and that a copy of the instrument or instruments of conveyance when recorded shall be., filed with this Resolution. ATiTE'ST : Cl- k.of the Board BOARD OF COUNTY 'TONERS GARr IELD COUNTY, Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: Eugene "Jim" Drinkhouse Aye Larry Velasquez (absent) Flaven J. Cerise Aye STATE OF COLORADO j )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.