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HomeMy WebLinkAbout2.0 Resolution 80-247Reocrde4 at 0 o'clock 47 Ja OCT 17 1980 Recepflon No. ! 8432 MILDRED ALSDORF, RECORDER aooX 558 P!GE 04 STATE OF COLORADO County of Garfield At a ss. MAIM K' meeting of the Board of County Commissioners for Garfield County, Colorado, held at the Court House in Glenwood Springs on Tuegday , the 13th day of Q&t91ag' A. D. 19 80 there were present: g,gJiard C. Jolley Larry Velasquez 'l.ven J. Cerise Arthur A. Abplanalpt Jr. Nancy Sprick Page, Deputy when the following proceedings, among others were had and done, to.wit: RESOLUTION NO. 80-247 , Commissioner Chairman , Commissioner , Commissioner , County Attorney Clerk of the Board RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE GARFIELD COUNTY SUBDIVISION REGULATIONS FOR WALTER LEMON WHEREAS, Walter Lemon has petitioned the Board of County Commissioners of Garfield County, Colorado, for an exemption from the definiton of the terms "sub- division" 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 20 acre tract described as follows: In Book 367 Page 583 filed in the of Garfield County, Colorado, into 6, and 8 acres each, more or less, are more particularly described as Office of Clerk and Recorder 3 tracts of approximately 6, which proposed divided tracts follows: Tract A: A parcel of land situated in the SW%,NE' of Section 31, Township 6 South, Range 94 West of the Sixth Principal Meridian, lying northerly of an existing fence and southerly of the southerly line of a proposed County Road, more particularly described as follows: Beginning at the west quarter corner of Section 31, Township 6 South, Range 94 West of the Sixth Principal Meridian, said quarter corner being a P.K. nail in the pavement near the intersection on County Road No.'s 323 and 309; thence N 82°05'10" E 3180.65 feet to the true point of beginning, said point alongside an existing fence line; thence along said fence line N 89°51'54" W 495.00 feet; thence N 89°46'17" W 154.38 feet; thence leaving said fence line N 00°25'43" W 403.25 feet to the southerly right-of-way line of said proposed County Road; thence along the southerly line of said right-of-way S 89°46'17" E 154.38 feet; thence S 89°51'54" E 495.00 feet; thence leaving said southerly right-of-way line S 00°25'43" E 403.25 feet to the true point of beginning. Said parcel of land contains 6.00 acres, more or less. Tract B: A parcel of land situated in the SW4NE4 and the SEIT,NE4 of Section 31, Township 6 South, Range 94 West of the Sixth Principal Meridian, lying northerly and westerly of existing fences and southerly of the southerly line of a proposed County Road more particularly described as follows: Beginning at the west quarter corner of Section 31, Township 6 South, Range 94 West of the Sixth Principal Meridian, said quarter corner being a P.K. nail in the pavement near the intersection of County Road No.'s 323 and 309; thence N 82°05'10" E 3180.65 feet to the true point of beginning, said point being alongside an existing fence; thence leaving said fence line N 00°25'43" W 403.25 feet to a point on the southerly right-of-way line of a proposed County Road; thence along said southerly right-of-way line S 89°51'54" E 656.29 feet to a point in a fence; thence leaving said southerly right-of-way line and alongside an existing fence S 02°31'54" W 211.51 feet; thence S 03°44'41" W 192.29 feet; thence continuing along- side a fence S 89°51'54" E 631.37 feet to the true point of beginning. Said parcel of land contains 5.97 acres, more or less. Tract C: A parcel of land situated in the SW4NE4 and the SE4NE4 of Section 31, Township 6 South, Range 94 West of the Sixth Principal Meridian, lying northerly of the northerly line of proposed County Road and southerly of the southerly one of said SW4NE4 and southerly and westerly of an existing fence, more particularly described as follows: BOOK 558 PAGE 05 Beginning at the west quarter corner of Seciton 31, Township 6 South, Range 94 West of the Sixth Pricipal Meridian, said quarter corner being a P.K. nail in the pavement near the intersection of County Road No.'s 323 and 309; thence N 66°49'30" E 3332.50 feet to the true point of beginning, said point being on the north line of said SWItNE1/4; thence along said north- erly line S 89°40'03" E 601.87 feet to the northeast corner of said SANE14; thence along the east line of said SWIT.NEX4 S 01°07'54" E 3.26 feet to a point in a fence; thence alongside an existing fence line S 88°05'18" E 59.19 feet; thence S 21°57'24" E 41.50 feet; thence S 87°28'13" E 100.53 feet; thence continuing alongside a fence S 05°19'18" W 361.78 feet to a point on the northerly right-of-way line ofa proposed County Road; thence along said northerly right-of-way line N 89°51'54" W 743.48 feet; thence leaving said northerly right-of-way line north 410.12 feet to the true point of beginning. Said parcel of land contains 7.03 acres, more or less. (in the State of Colorado and County of Garfield) ; and 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 per- mitted 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 "sub- division" 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 20 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 the condition and with the express understanding and agreement of the Petitioner that no further exemptions be allowed on said tracts "A", "B", and "C", and that a copy of the instrument or instruments of conveyance when recorded shall be filed with this Resolution. ATTEST: THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO Deputy C rlr of the Bid rd of 'Count Commissione`fs Garfield County, Colorado Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: Richard C. Jolley Aye Larry Velasquez Aye Flaven J. Cerise 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.