HomeMy WebLinkAbout3.0 Resolution AMD 79-1291j/-2- ocr 18 1975
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Roo. ption No '''.2198670 Mildred A1.adorf, Reoorder
RESOLUTION No. 79-129
BOO 53'7 PAGE89/
WHEREAS, Paul E. Lappala and Virginia D. Lappala
have heretofore petitioned the Board of County Commissioners
of Garfield County, Colorado, for an exemption under C.R.S.
(1973) Section 30-28-101 as amended and the Subdivision Reg-
ulations of Garfield County, Colorado, 1.02.17 and 3.02.01,
for the division of a certain 48.74 acre tract of land into
four tracts of land of 5.26, 15, 14.5 and 13.98 acres; and
WHEREAS, said Board of County Commissioners adopted
its Resolution No. 78-19 on 27 February 1978, granting said
petition; and
WHEREAS, the said petitioners have now requested that
the Board of County Commissioners amend said Resolution,
authorizing the creation of two tracts of 5.26 acres and 10.84
acres, described on Exhibit A, attached hereto, and a third
tract of 32.64 acres which may later be divided into two
tracts of not less than 10 acres each; and
WHEREAS, the petitioners have demonstrated to the
satisfaction of the Board of County Commissioners of Garfield
County, Colorado, that the proposed divisions of tracts of
5.26 acres and 10.84 acres from the said 48.74 acre tract
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 is not great enough to
proceed through the full subdivision review, further divi-
sion of said lots is prohibited, but that the impact of the
further division of the remaining 32.64 acre tract may not be
determined until the acreage and the description of any
further proposed division is available to the Board; and
WHEREAS, the petitioners have demonstrated to the sat-
isfaction of the Board of County Commissioners that there is
reasonable probability of locating domestic water on each of
the said 5.26 and 10.84 acre tracts whose creation would here-
by be authorized, that the location of septic tanks will be
permitted by the Colorado Department of Health, that the re-
quested division into 5.26 and 10.84 acre tracts is not part
of a 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), as amended; NOW THEREFORE, BE IT RESOLVED,
that the Resolution of this Board identified as No. 78-19 be
and hereby is repealed, and
FURTHER, BE IT RESOLVED, that the division of the
5.26 acre and 10.84 acre tracts described on Exhibit "A"
attached hereto from the 48.74 acre tract owned by petitioners
and therein contained, is hereby exempted from such defini-
tions and said tracts 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 that no further exemptions will be allowed on the
said 5.26 acre and 10.84 acre tracts, and that copies of the
instrument or instruments of conveyance wher recorded be filed
with this Resolution.
BOARD OF COMMISSIONERS
ATTEST: GARFIELD COUNTY
Deputy C]rk to the Bard
Dated this / dL day of
Chairman
, 1979.
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