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HomeMy WebLinkAbout3.0 Resolution 82-289STATE OF COLORAUO 1 as. County of Garfield Recor,i9-t of 9,c'7 ec;..- /Q P,�1. 24.982 ._. N __. __ .... _ ..O _ s RECORD At a .regular meeting of the Heald ;,f County Commissioners for Garfield County, Colorado, held at the Court House in Glenwood Springs on Monday , the 22n.d day of November A. D. 19 82. , there were present: Flaven J. Cerise Eu8ene "Jim" Dr1nkhouse Larry Velasquez Earl Rhodes Mildred Alsdorl , Commissioner Chairman , Commissioner Commissioner , County Attorney Clerk :it the Board when the following proceedings„ .among others were had and done, to -wit: RESOLUTION NO. 82 A RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE GARFII LD COUNTY SUBDIVISION REGULATIONS FOR PALIL H. L.INDSTROM. WHEREAS, Paul 11. Lindstrom 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 Subdivision Regulations of Garfield County, Colorado, adopted January 2, 1979, Sections 2.02.21 (d) and 3.02.01 for the divlsiionof a 114 acre tract described as follows: That parcel_ of land as described in Document No. 202783 as filed in the Office of the Clerk and Recorder of Garfield County, Colorado, into 2 tracts of approxtmate1 ✓ 3 and 111 acres each, more or less, which proposed divided tracts are more particularly described as follows: TRACT A: TRACT B : Beginning :at the Southwest Cornet of Section 24, Township 5 South. Range 91 West of the 6th Principal. Meridian; Garfield County, Colorado: thence N.0°00'00"E. 570.75 feet along the west line of Section 24 to a Point on t'-.e centerline of County Road No. 245: thence alone said centerline the following six courses: along a1 curve to the right having a central angle of 10°19'15", a radius of 235.41 feet, an arc lenght of 42.41 feet and of which the chord bear.. 8.39°55'38"E. 42.35 feet; thence S.34"40'00"E. 281.2? feet: thence along a curve to the right having a central angle of 6'17'33" a radius of 300.00 feet, an arc length of 32.95 feet and of which the chord hears S.31 °37' 14"E. 32.93 feet: thence S.28°28' 27"E. 71.00 feet; thence along a curve to the left having a central- angle of 39°30'05". a radius of 330.00 feet, an arc .length of 227.51 feet and of which the chord hears S.48°1:3'30"E. 223.03 feet.: thence S.67°58'32"E. 183.28 feet to a point on the south line of Section 24 to the point of beginning. Containing 2.825 acres, more or less. EXCEPT that portion of County Road No. 245 lying south of the above described centerline. The remaining approximately 111 acres. (in the State of Colorado and the 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, Co.lorado Revised Statutes 1973, as amended, for the reason that the impactcreated does not warrant further subdivision review, and WHEREAS, the Pet:i.tioner has demonstrated to the satisfaction of the Board of County Commissioners of Garfield County, Colorado, that there is a r.casonable probability of lozating 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; fW )K 6.1.3 rwE 449 NOW, THEREFORE, BE IT RESOLVED that the division of the above described tracts "A" and "Krt from the above described 114 acre tract is hereby exempted from such definitions and said tract may be divided into tracts "A" and "8rr 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 he allowed on said. tract "A.rr and that a copy of the instrument or instruments of conveyance when recorded shall.. he filed witit this Resolution. ATTEST: BOARD OF COUNTY COMMISSIONERS GARFIELI) COUNTY, COLORADO Clerk of the --IBoard ' i.` r -1 Chairman i Upon motion duly made and seconded the foregoing Resolution w-. zdopted by the following vole: Aye Ay,, Aye Commissioners STATE OF COLORADO County of Garfield , County Clerk and ex•off;cio 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 C >unty Comnussioners for said Garfield County, now in my office. IN WITNESS WHEREOF, I have hereunto set my hand anti affixed the seal of said County, at Glenwocd Springs, this day of , A. D. i 9 County Clerk and ex•officio Clerk of the Board of County Cormissioners.