HomeMy WebLinkAbout3.0 Resolution 83-339BOOK
Recorded at o'clock` f lel: NOV ���-
Reception No. a41.73531 MILDRED ALSDORF, RECORDER
STATE OF COLORADO )
)ss•.
County .of Garfield )
638 rA E8
At a regular meeting of the Board of County
Commissioners for Garfield, Colorado, held at. the Commissioners' Annex in
Glenwood Springs on Mondaythe 124th dayof November A.D.
�,..
19 83 , there were present:
'Eugene "Jim" Drinkhouse
Larry Velasquez
Flaven J. Cerise
Earl Rhodes
Mildred Alsdorf
Commis'?ner.Chairman:
Commissioner.
Commissioner
County Attorney
Clerk of the -Board.
when the following proceedings, :among others were had and ;done, to -wit:
RESOLUTION NO 83-339
A RESOLUTION CONCERNED •WITH GRANTING: AN EXEMPTION FROM TIIE GARFIELDCOUNTY
SUBDIVISION REGULATIONS FOR CLARENCE AND LESSIE LYONS
WHEREAS, Clarence and Lessie Lyons have petitioned the Board of
County Commissioners of Garfield County, Colorado, for an exemption from
the definition of the terms "subdivision. and "subdivided lands 'ander
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 creation of a five acre tract
described as follows: a parcel of land as found in Book 219, Page'81,
filed in the Office of ;the Clerk and Recorder of Garfield County,
Colorado. The proposed; dividedtractis more particularly described as
follows:
TRACT A: A parcel land situated in parts of Lots 8' and '9,.Section 30, -
p g pal Meridian
Township 7 South, Range 87Westof the�Sixth::Princi
described as follows:
Beginning at the South Quarter Corner of said Section 30, whence
the Witness Quarter Corner bears: N. 89°55'23"E. 40.00feet;
thence from the true corner N. 02°52'25"E. along the..: Westerly
line of said Lot 8, 373.54 feet to the true point of beginning;
thence N.02°52'25 "E. along the Westerly Line of said Lots 8 and
9, 972.86 feet to the Northwest corner of said Lot 9; thence S.
89°58'15" E. along the' Northerly line of said Lot 9, 498.28 feet;
thence 5.29°23'13"W.1114.84 feet to the true point of beginning.
The above described parcel of land contains 5.557 acres., more or
less. The above described parcel also includes the access
easement as described in Book 581, Page. 677 as recorded -In the
Garfield County Clerk and Recorder's office.
(in the State of ;Colorado' and the County of Garfield) ; and
WHEREAS, the Petitioners .1zave demonstrated to the satisfaction of the
Board of County Commissioners of Garfield County, Colorado, thatthe
proposed division dies not fall within the, purposes of Part 1, Article 28,
Title 30, Colorado Revised Statutes 1973, as amended, for the reason that
the parcel created doesnot warrant any further subdivision review, arid.
anon 638 P4G€881.
WHE?`REAS, the Petitioners have demonstrated to the satisfaction` -,of the
Board --if `County C'mmissioners of Garfield County, Colorado . that there is
a reasonable 'probability of locating domec'tic water on the five acre
tract, 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 lot creation is not part of an existing or
larger development and does not fall within the general purposes and
intent of; thesubdivision regulations of the Stateof Colorado and County
of 'Garf.ield,`.and should,' -therefore, 'be exempted from the definition of the
terry "subdivision" and ".subdivided land" `as set forth in C.R.S. 1.973,.
30-28=10`1.(10) (a) -(d), as amended;
`NOW,. THEREFOFE, BE IT' RESOLVED ,that the creation of the above
described tracts "A is hereby exempted from such definitions.. and said
tract "may be created `as is more fully described above; provided, however,
that, this exemption is -granted on the condit;.on and with the express
understanding and agreement of the Petitioners that no further exemptions
be allowed on said tract "A", and that acopy'of,the instrument or
instruments of conveyance; when recorded shall be filed with this
Resolution.
Dated this >14th day Of November
ATTEST:
A.D. 1983
GARFIELD COUNTY BOA13Z 0 CO t ISSIONERS
GARFIELD COUNTY CALOR 0
Ch inman
U on motion dulymade and seconded the foregoing Resolution was
p g g
adopted by the following vote:
Eugene "Jim" Drinkhouse
Larry Velasquez Aye
Aye
Aye
Flaven J. Cerise
STATE OF. COLORADO )
County of Garfield )
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 of19
County Clerk and ex -officio Clerk
of the Board of County Commissioners