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HomeMy WebLinkAbout2.0 Resolution 82-07STATE OF COLORADO ss. C '...ity of Garfield Ata regular fIniK 590 ncE152 Recorded at , /t o'clock A M. JAN 8 1982 Reception No, 323449 MILDRED ALSDORF, RECORDER held at the Court House in Glenwood Springs on meeting of the Board of County Commissioners for Garfield County, Colorado, Mondaythe4.th day of January A. D. 19 82 there were present: , Larry Velasquez , Commissioner Chairman` Flaven J. Cerise , Commissioner Eugene Drinkhouse , Commmissioner Rhodes , County Attorney Leanne Cleland, Deputy , Clerk of the Board when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 82-07. A RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE GARFIELD COUNTY SUBDIVISION REGULATIONS FOR S. R. AND IVO LINDAUER. WHEREAS, S. R. and Ivo Lindauer 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 103 acre tract described as follows: that parce1;of land as described in Document No. 276777 as filed in the Office of the Clerk and Recorder of Garfield County, Colorado into 2 tracts of approximately 2 and 101 acres each, more or less, which proposed divided tracts are more particularly described as follows:" TRACT A: a 2 acre parcel located in the NW4NW-1-4 of Section 12, T7S, R96W, 6th Principal Meridian, Garfield County, Colorado and more particularly described as follows: Beginning at a point on the Northwest Boundary of the 2 acre parcel, whence the Northwest Corner of Section 12, T7S, R96W,'6th Principal Meridian bears N.26°11'W. for a distance of 742.79 feet; Thence N.63°49'E. 145.00 feet; Thence 5.26°11'E. 300.41 feet; Thence S.63°49'W. 290.00 feet; Thence N.26°11'W. 300.41 feet; Thence N.63°49'E. 145.00 feet to the point of beginning. The above described tract of land contains 2.00 acres more or less. TRACT -B: The :remaining 101 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 impact created does not warrant . further subdivision review, and WHEREAS, the Petitioners havedemonstrated 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 divisionnoithe above described tracts "A" and "B"from the above described 103 acre tract pis 11er,eby 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 aEoressid subdivision statutes and regulations; provided, however, that this exemption is granted on the condition and with the express understanding and agreement of the Petitionrs that no further exemptions be allowed on said tract "A" and that this#twp-*acre parcel is. created solely for the purposes of leasing; and this •actaon'by, fl}'is ;Board does not constitute creation of a parcel for which ownership mayibe transferred. ATTEST: . .. uty Clerk f the Hoard Chairman` BOARD OF COT NTY C0MNISSIONERS `GARFIELD'COUNTY,.'COLORADO Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: Larry Velasquez Aye Flaven J. Cerise Aye Eugene Drinkhouse Aye Commissioners STATE OF COLORADO County of Garfield I, , County Clerk and ex -officio Clerk of the Board of County Commissioners in and for the County arr•I 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. I ; .19' County Clerk and ex -officio Clerk of the Board of County Commissioners.