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Home My WebLink About3.0 Resolution 82-238STATE OF COLORADO •. • County of Garfield • �;a ;)c B09 4ecorde.-' c t // o'clock A M. nej 7 1982 Reception No. ui ^'T9, MILDRED ALSDORF, RECORDER meeting of the Board of County Commissioners for Garfield County, Colorado, held at the Court House in Glenwood Springs on .... M4.i]S?sa.Y the 20th day of .5.ept embe r A. D. 19...S. 7r....... , there were present: Fiayen J, Cerise Eugene Oxinkhouse Larry Velasquez Earl Rhodes Ni.JdTed Alsdorf when the following proceedings, among others were had and done, to -wit: Commissioner Chairman Commissioner Commissioner County Attorney Clerk of the Board RESOLUTION NO. 82-238 A RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE GARFIELD COUNTY SUBDIVISION REGULATIONS FOR JOHN HUEBINGER AND WESTBANK RANCH. WHEREAS, John Huebinger and Westbank Ranch 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 87.17 acre tract described as follows: that parcel of land as described in Document No. 248727 as filed in the Office of the Clerk and Recorder of Garfield County, Colorado into 2 tracts of approximately 2.64 and 84.53 acres each, more or less, which proposed divided tract is more particularly described as follows: TRACT A: A parcel of land situated in Lot 27, Section 35, Township 6 South, Range 89 West of the Sixth Principal Meridian; said parcel lying northerly of the centerline of the Roaring Fork River and being more particularly described as follows: Commencing at the Southeast Corner of said Section 35, a brass cap in place; thence N.44°34'22"W. 1723.42 feet to a point on the easterly line of said Lot 27 and the centerline of said river, the True Point of Beginning; thence S.84°55'36"W. along said centerline 212.62 feet; thence N.75°39'1V"W. along said center- line 377.20 feet; thence N.82°09'22"W. along said centerline 237.65 feet to the westerly line of said Lot 27; thence leaving said centerline N.00°08'00"W. along the westerly line of said Lot 27 43.07 feet to the northerly line of said Lot 27; thence N.86°20'06"E. along said northerly line 830.20 feet to a rebar and cap marked L.S.#16142 at the Northeast Corner of said Lot 27; thence S.Q4°25'58"W. along the easterly line of said Lot 27 203.84 feet to the True Point of Beginning; said parcel con- taining 2.64 acres, more or less. TRACT B: The remaining approximately 84.53 acres. (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 lot split is solely for the pur- pcses of adjusting property boundaries, and no new lots are created, 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" as set forth in C.R.S. 1973, 30-28-101 (10) (a) -(d), as amended; bTJl71; € O J x31555 NOW, THEREFORE, BE IT RESOLVED that the division of the above described tracts "A" and "B" from the above described 87.17 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, that this exemption is solely for the purposes of adjusting property boundaries and no new lots are created and that a copy of the instrument or instruments of conveyance when recorded shall be filed with this Resolution. ATTEST: BOARD OF COUNTY COMMISSIONERS GARFIELD COUNTY, COLORADO Clerk of the Board r Chairman Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: Aye Aye Aye Commissioners STATE OF COLORADO County of Garfield I , County Clerk and ex -officio Clerk of the Board of Cou_ity 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 NHEREOF, I have hereunto set my hand and affixed the seal of said C-uunty, at Glenwood Springs, this day of , A. D. 19 County Clerk and ex -officio Clerk of the Board of County Commissioners.