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Home My WebLink About2.0 Resolution 81-142STATE OF COLORADO County of Garfield Ata regular ss. tii ; t 5 21 PAGE382 Recorded of 1G —' o'clock /l M: MAY 131981 Recepfien '7_11.47:11 1 1; 4 1:1 MILDRED ALSDORF RECORDER meeting of the Board of County Commissioners for Garfield County, Colorado, held at the Court House in Glenwood Springs on ,..T.l.1ep.JAY , the 1. 7,111 day of May A. D. 1981 , there were present: Larry Velasquez , Commissioner Chairman Flaven J. Cerise , Commissioner Eugene "Jim" Drinkhouse Arthur A. Abplanalp, Jr Cheryl J. Koss, Deputy when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 81-142 , Commissioner , County Attorney , Clerk of the Board A RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE SUBDIVISION REGULATIONS OF GARFIELD COUNTY, COLORADO FOR LELAND LEMLEY. WHEREAS, Leland Lemley 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, 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 40 acre tract described as follows: In book 540, page 579 and book 540, page 580 filed in the Office of Clerk and Recorder of Garfield County, Colorado, into 2 tracts of approximately 20.07 acres each, more or less, which proposed divided tract(s) are more parti- cularly described as follows: Tract A: A parcel of land situated in the SE q of the NE q of Section 11, Township 5 South, Range 92 West of the Sixth Principal Meridian, Garfield County Colorado, more particularly described as follows: Beginning at the Northeast Corner of the SE 4 of the NE q of said Section 11, a rebar and cap monument; thence S.00°07'00"W. 661.93 feet along the easterly line of the SE 4 of the NE z of said Section 11; thence S.89°43'14"W. 1321.41 feet to the westerly line of the SE q of the NE ' of said Section 11; thence N.00°05'00"E. 661.26 feet along said westerly line to the Northwest Corner of the SE '-q of the NE q of said Section 11; thence N.89°41'30"E. 1321.80 feet along the northerly line of the SE k of the NE ' of said Sec- t -1.6n-- 11 to the point of beginning, containing 20.07 acres, more or less. Subject to easement for ingress and egress recorded as Reception No. 287824 Garfield County Clerk and Recorder's office; Also subject to a 30' access easement situated adjacent to and to the west and to the north of the fol- lowing described line: Beginning at the Northeast Corner of the SE q of the NE 4 of said Section 11; thence S.00°07'00"W. 661.93 feet; thence S.89°43'14"W. 660.70 feet to a point of termination. Tract B: A parcel of land situated in the SE - of the NE 4 of Section 11, Township 5 South, Range 92 West of the Sixth Principal Meridian, Garfield County, Colorado, more particularly described as follows: Beginning at the Southeast Corner of the SEq of the NEq of said Section 11, a rebar and cap monument, thence S.89°45'00"W. 1321.01 feet to the Southwest Corner of the SE' of the NEq of said Section 11; thence N.00°05'Of"E. 661.25 feet along the westerly line of the SEq of the NEk of said Section 11; thence N.89°43'14"E. 1321.41 feet to the easterly -line of the SEt of the NEq of said:Section 11; thence S.00°07'00"W. 661.93 feet to the point of beginning, containing 20.07 acres, more or less; together with an easement for Thgress and egress recorded as Reception No. 287824 for the Garfield County Clerk and Recorder's office; Also together with the following des- cribed access easement: A 30' access easement situated adjacent to and to the west and to the north of the following described line: Beginning at the Northeast Corner of the SEq 8f the NEq of said Section 11; thence s.nn°o7'fn"W. 661.93 feet; thence S.89 43'14"W. 660.70 feet to a point of termination. ri11i)K 571 PM E383 WHEREAS, the Petitioner has 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 a full subdivision review and that it is also for the purposes of adjustment of property boundaries. 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 pf 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" from the above described 40 acre tract is hereby exempted from such definitions and said tract may be divided into tracts "A", "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 Petitioner that no further exemptions be allowed on said tract(s) "A", "B" and that a copy of the instrument or instruments of conveyance when recorded shall be filed with this Resolution. BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO By: ATTEST: Deputy Clerk of. e Board of County Commis'ioners Garfield County, Colorado Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: Larry Velasduez Aye Flaven J. Cerise Aye Eugene "Jim" Drinkhouse STATE OF COLORADO County of Garfield Aye Commissioners 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.