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HomeMy WebLinkAbout2.0 Resolution 81-223STATE OF COLORADO ss. County of Garfield BOOK 577 PAGE615 !recorded at <% 2 o'clock p M. JUL 24 i;;6 Reception No. 3173 76 6 MILDRED ALSDCRF, RECORDER At a r.E'..g, 4aX meeting of the Board of County Commissioners for Garfield County, Colorado, held at the Court House in Glenwood Springs on....MQ.DCis1Y the 2.0.1}.7 day of .:T..l?l.y A. D. 19....5Q, -t 4,.... , there were present: ..1.40 .Xy V?1a..q.ue , Commissioner Chairman Flaven J, Cerise , Commissioner Eugene "Jim" Drinkhole , Commissioner Arthur A, Abplan?.lp, Jr, , County Attorney Cheryl J. Koss, Deputy , Clerk of the Board when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 81-223 RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE GARFIELD COUNTY SUBDIVISION REG- ULATIONS FOR WILLIAM LOPEZ AND GEORGE SNOOK. WHEREAS, William Lopez and George Snook have petitioned the Board of County Commis- sioners 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 4.82 acre tract described as follows: In Book 563 Page 599 filed in the Office of Clerk and Recorder of Garfield County Colorado into 2 tracts of approximately 2.36 and 2.37 acres each, more or less, which proposed divided tracts are more particularly described as follows: Tract A: A parcel of land situated in the SW4 of Section 11, Township 6 South, Range 92 West of the 6th Principal Meridian, Garfield County, Colorado, lying Northerly of the Northerly right-of-way line of County Road No. 311, said Parcel No. 1 is more fully described as follows: Beginning at a point on said right-of-way; whence the Southwest Corner of said Section 11 bears: S 64°03'18" W 1771.29 feet; thence S 80°10'19" W 90.47 feet along said right-of-way; thence N 03°44'26" W along and parallel to a fence line as described by Document No. 311120, 340.40 feet to an existing rebar and cap found in place; thence S 82°54'20" W along a fence as described by said document, 420.27 feet to an existing rebar and cap found in place; thence N 03°44'26" V 142.92 feet; thence N 82°54'20" E 510.38 feet; thence S 03°44'26" E along a line which runs through the center of a common domestic well as now drilled and encased in place, 479.00 feet to the point of beginning containing 2.37 acres, more or less. Subject to a 10 foot utility easement along and parallel to the above described boundary lines. Tract B: A parcel of land situated in the SWC of Section 11, Township 6 South, Range 92 West of the 6th Principal Meridian, Garfield County, Colorado, lying Northerly of the Northerly right-of-way line of County Road No. 311, said Parcel No. 2 is more fully described as follows: Beginning at a point on said right-of-way; whence the Southwest Corner of said Section 11 bears: S 64°03'18" W 1771.29 feet; thence N 03°44'26" W along a line which runs through the center of a common domestic well as now drilled and encased in place, 479.00 feet; thence S 82°54'20" W 510.38 feet; thence N 03°44'26" W 100.40 feet; thence N 82°54'20" E 600.00 feet; thence S 03°44'26" E along and parallel to a fence as now constructed and in place, 575.10 feet to a point in said right-of-way; thence S 80°10'19" W 89.97 feet to the point of beginning, containing 2.36 acres, more or less. Subject to a 10 foot utility easement along and parallel to the above described boundary lines; 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 a full subdivision review, and BOOK 577 PAGE616 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 loc- , 'ating 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 division of the above described tracts "A" and "B", from the above described 4.82 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, however, that this exemption is granted on the condition and with the express understanding and agreement of the Petitioners that no further exemptions be allowed on said tracts "A" and "B" and that a copy of the instrument or instruments of conveyance when recorded shall be filed with this Resolution. This Resolution is granted with the expressed condition that no buildings shall be constructed within the 100 year floodplain of the Colorado River. ATTEST: Deputy Cler2e/Of Cb oard of County ommi0a.oners Garfield County, Colorado THE BOARD OF COUNTY COMMISSIONERS GARFIELD COUNTY, COLORADO BY: Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: Larry Velasquez A Piaven J. Cerise Aye Eugene 'rairii" Trinkhouse Aye STATE OF COLORADO County of Garfield 55 Commissioners , 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.