HomeMy WebLinkAbout3.0 Resolution 83-30o % nn. FEB <7 1983
o
Recorded cio_ic_
6 : MILDRED ALSDORf, RECORDER.
, ...: Recept'son hio.
' STATE OF COLORADO
�- BOOK
620.PAGE
"County :.of..Garfield:
Ata • •- g meeting,of the Board of..Courety Commissioriers-for:Garfield.Couiity'Colorado >
• • . •... : gd s:Monda
Y•
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th7th _ day oheld at theCouitHouseiri G.lenwooSprng:on ,February AD. 19 3 , tierswerepreent: . ,
' "Euene "Jim!rinkhouse-f
, Commrssioner: Chauman .: ,,: •, :
Larry Velasquez` .(absent)
•, CommrssIoner
Flaven J Cerise
Commissioner
Earl Rhodes
Mildred Alsdorf_ County Attorney
.- . , Clerk of the Board
when.the�following proceedings, among others were had and done, to -wit:
RESOLUTION NO 83-30
A RESOLUTION.,. CONCERNED WITH GRANTING`AN•-AN THE GARFIELD COUNTY -SUBDIVISION
:REGULATIONS:-FOR''ORLAND LINDAUER. '
WHEREAS;.; Orland';Lindauer;>has ";petitrioned. 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 (1.0) ..(a)-(d);;
as amended., and.•the:' Subdiva.sion Regulations" of Garfield' County,_ Colorado,. adopted
January 2 1979, Sections 2.02..21 .(d) :and 3.02 01 .for the division; of .a 184.14: acre...:
tract described:. as follows That parcel of land as• described in ,Document .No•.:256289.:.
filed in =:the Clerk and Recorder's : Office of Garfield:County, ' Colorado, `into :.2
tracts of';approximately.178.79 acre and:5.35 acres each, niore or less, which proposed
divided tracts are more particularly described as follows:
:TRACT --A A tract of land in the. NE of the NE% of Section 10, Township8 South,
,Range 96, West; of the; 6th : Principal Meridian :,in' Garfield. County, Colorado,
and being ;more particularly .described as.. follows,:
Commencin.g..ar•:i the NE .Corner of said Section 30, thence 5..89°.;18'.W, ;and
along ..the ,North:Tine of said Section 10`, a distance' of `990•.00, feet
to , a point :on . the West • line of the..North:..F.ifteen '(1.5) acres
'East : Thirty (30) .acres, of the NE'. of the:-NE4 of said Section 10;; thence
5.89'18'00"ia. and continuing along. the North line of said Section
10; :a distance of; T82:24 feet, .thence•.:S.00.°42"'00"E. a distance of
feet thence N`.89°18'00"E. a:.distance' of: 182.24 _feet; thence
.:N:00°42'.00"W. a distance of 1279.33 feet more .:or less 'to the Point: .Of:
Beginning .Containing 5:.3523-acres, more or less:togehter with an
easement for an irrigation ditch across said;Tract . A, being:12 feet
in widt't
TRACT Bstated
. . ....
The .remaining 178 79, acres, as found .in the documents stated,above.;
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 Statutues, 1.973,
asamended,' for the reason that this property split is solely for the purposes of
adjusting property boundaries and no new lots are .created by this action, 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 ofsaid tracts, thatthere isadequate 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 anexisting orlarger
development and does not fall within the general purposes and intent of the subdivision
regulations of the State of Colorado and 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 184.14:acre ` tract is hereby exempted 'from such'
definitions and said tact may be divided into tracts "A" and "B", all as. is more fully
described above, and said divided tract niay be conveyed in the forni of such smaller.
tracts without. further compliance with the aforesaid` subdivision; statues and :regulations;.
provided, however, `that ;this exemption is granted oa the ..condition and with, the .
express understanding,.and agreement, .of the Petitioner that no further exemptions:;, `:.
be allowed:: on.' said:: tracts:' "A" and " B"; and: that .a'copy of the instrument ..or;: instriim a i:t
' of conveyance :when. recorded:, shall::be`.filed":.with' this: Resolution..
ATTEST':. : ':. ` . `BOARD:. OF: COUNTY : COMMISS IONS
.ARFIELD UNTY;.COLORADfl;.:.,`,'.
)7,;14}„_L
• Clerk .,ofthe Board:
Uponmotion duly :made and seconded the foregoing .Resolution: -was' adopted by the following voter
Eugene •,"Jim'!. Drinkhouse tiye..
Larry_Velas.quez :(absent)
Flaven J. Cerise i. Aye.:
I; ; County Clerk and ex-officio Clerk of the Board of County Commissioners
',in and for the.County`and State aforesaid:do-herebycertify 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.
WITNESS WHEREOF;:•I .have .hereunto set my.:hand. and affixed.'the;:seal:of said County,:'at.-Glenwood:>Springs,_':;'`','::;
• daY of • ,A.D.•19 : .
the Board'of County Commissioners..;