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Home My WebLink About2.0 Resolution 81-188STATE OF COLORADO County of Garfield At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held at the Court House in Glenwood Springs on Monday , the 15th day of June A. D. 1981 , there were present: Larry Velasquez Flaven J. Cerise ss. BOOK 574 PAGE566 ' 'A. JUN 1'7 1981 315866 !LD;' ED ALSDORri RECORDER 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. 81-188 , Commissioner Chairman , Commissioner , Commissioner , County Attorney , Clerk of the Board RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE GARFIELD COUNTY SUBDIVISION REGULATIONS FOR EDWARD LOPEZ. WHEREAS, Edward Lopez 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 Sub- division Regulations of Garfield County, Colorado, adopted January 2, 1979, Sections 2.02.21 (d) and 3.02.01 for the division of a 104.183 acre tract described as follows: In Document No. 259076 filed in the Office of Clerk and Recorder of Garfield County, Colorado into 3 tracts of approximately 2.654, 2.784, and 2.956 acres each, more or less, which proposed divided tract(s) are more particularly des- cribed as follows: Tract A: A tract of land lying in the NE4 of Section 30, T4S, R91W of the 6th P.M. being ;a portion of HES#183 and HES #61 and being more particularly des- cribed as follows: Beginning at a point whence the Southeast Corner of HES #183 bears N 71°15'47" E, 1178.51 feet; thence N 63°20'00" W, 270.00 feet; thence S 26°39'18" W, 469.33 feet to a point on the northerly right of way of County Road No. 245; thence along said northerly right of way line the following three courses: S 81°10'58" E, 15.16 feet; thence southerly along a curve to the right having a central angle of 12°41`45", a radius of 848.51 feet and an arc length of 188.02 feet; thence S 68°29'13" E, 58.23 feet; thence leaving said right of way N 28°30'52" E, 422.26 feet to the point of beginning. Containing 2.654 acres, more or less. Tract B: A tract of land lying in the NE4 of Section 30, T4S, R91W of the 6th P.M. being a portion of HES #183 and HES #61 and being more particularly des- cribed as follows: Beginning at a point whence the Southeast Corner of HES #183 bears N 71°15'47" E, 1178.51 feet; thence S 63°20'00" E, 51.00 feet; thence S 82°59'49" E, 194.12 feet; thence S 16°03'10" W, 437.20 feet to a point on the northerly right of way line. of County Road No. 245; thence N 75°35'38" W, 118.30 feet along said northerly right of way line; thence continuing along said right of way line along a curve to the right having a central angle of 7°06'25", a radius of 1732.95 feet, and an arc length of 214.95 feet; thence N 28°30'52" E, 422.26 feet to the point of beginning. Containing 2.784 acres, more or less. Tract C: A tract of land lying in the NE4 of Section 30, T4S, R91W of the 6th P.M. being a portion of HES #183 and being more particularly described as follows: Beginning at a point whence the Southeast corner of HES #183 bears N 37°49'34" E, 1021.10 feet; thence S 37°49'34" W, 130.17 feet to a point on the northerly line of County Road No. 245; thence N 78°44'51" W, 91.07 feet along said northerly right of way line; thence continuing along said right of way line, along a curve to the right having a central angle of 8°09'13", a radius of 3789.72 feet and an arc length if 208.59 feet; thence N 16°03'10" E, 437.20 feet; thence S 82°59'49" E, 200.00 feet to the point of beginning. Containing 2.956 acres, more or less; and BOOK 574 PAcE567 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 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 of septic tanks will be permitted by the Colorado Dep- artment of Health, that the requested division is not part of an existing or larger devel- opment and does not fall within the general purposes and intent of the subdivision reg- .ulations 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",. and "C", from the above described 104.183 acre tract is hereby exempted from such definitions and said tract may be divided into tracts "A", "B", and "C", 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 she condition and with the express understanding and agreement of the Petitioner that no further exemptions be allowed on said tract(s) "A", "B", and "C", and that a copy of the instrument or instru- ments of conveyance when recorded shall be filed with this Resolution. ATTEST: Deputy Cler of the' oard of County Commiss ners Garfield County, Colorado BOARD OF COUNTY COMMIISSIONERS GARFIELD COUNTY, COLORADO BY: Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: Larry .Velasquez Aye Flaven J. Cerise Aye Eugene "Jim" 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 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.