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HomeMy WebLinkAbout2.0 Resolution 80-19G'�7 zc; ;tt. , 1'� 0 C STATE OF COLORADO County of Garfield At a reg,p]ar held at the Court House in Glenwood Springs on February A. D. 19 $Q meeting of the Board of County Commissioners for Garfield County; Colorai MQnd4y , the 4th dayo , there were present: , Commissioner Chairman. Flaven Cerise , Commissioner Larry Velasquez , Commissioner Arthur A. Abplanalp. Jr. , County Attorney Nancy Sprick Page, Deputy, Clerk of the Board when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 80-19 RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE GARFIELD COUNTY SUBDIVISION REGULATIONS WHEREAS, John C. and Jacquelyn Mathews have 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 division of a 35.07 acre tract described as follows: that parcel of land as described in Document No. as filed in the Office of the Clerk and Recorder of Garfield County, Colorado into 3 tracts of approximately 11.69 acres' each, more or less, which proposed divided tracts are more particularly described as follows: Tract A: A parcel of land situated in Lots 4 and 10 of Section 35, Township 7 South, Range 88 West of the 6th Principal Meridian, being more particularly described as follows: Beginning at a point on the Southerly line of said Lot 10 whence the Witness Corner to the South Quarter Corner of said Section 35 bears S.50°23'29" E. 2101.99 feet; thence N.88°50'48" W. 424.44 feet; thence North 1195.59 feet; thence East 424.35 feet; thence South 1204.15 feet to the point of beginning, containing 11.69 acres more or less and subject to a 30 foot wide access road and utility easement lying southerly of and adjacent to the Northerly line of said Parcel A. Tract B: A parcel of land situated in Lots 4 and 10 of Section 35, Township 7 South, Range 88 West of the 6th Principal Meridian, being more particularly described as follows: Beginning at a point on the Southerly line of said Lot 10 whence the Witness Corner to the South Quarter Corner of said Section 35 bears S.50°23'29" E. 2101.9_ feet; thence North 1204.15 feet; thence East 421.42 feet; thence South 1212.64 feet to a point on the Southerly line of said Lot 10; thence N.88°50'48" W. 421.50 feet along the Southerly line of said Lot 10 to the point of beginning, containing 11.69 acres more or less and subject to a 30 foot wide access road and utilily easement lying southerly of and adjacent to the Northerly line of said Parcel B. Tract C: A parcel of land situated in Lots 4 and 10 of Section 35, Township 7 South, Range 88 West of the 6th Principal Meridian, being more particularly described as follows: Beginning at the Southeast Corner of said Lot 10 whence the Witness Corner to the South Quarter Corner of said Section 35 bears S.30°43'45" E. 1539.49 feet; thence N.88050'48" W. 411.43 feet along the Southerly line of said Lot 10; thence North 1212.64 feet; thence East 425.55 feet to a point on the Easterly line of said Lot 4; thence S.00°40'00" W. 1221.00 feet along the Easterly line of said Lots 4 and 10 to the point of beginning, containing 11.69 acres more or less and subject to a 30 foot wide access road and utility easement lying southerly:. of and adjacent to the Northerly line of said Parcel C. Tract "A", "B", and "C" are located in the State of Colorado and County of Garfield; 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 is not large enough to proceed through the full subdivision review;' and 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 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 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", ''B", and "C" from the above described 35.07 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 Petitioners 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. Adopted the 4TH day of February , A.D. 1980. THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO .ATTEST: /Q/it iJJA i Deputy C r f the Boar., of Count Commissioners Garfield County, Colorado Upon motionduly made and `seconded the foregoing Resolution was adopted by the following vote: Fi auen...Gerise Aye L.ar..ry....Vgl.as.q.uez Aye Aye Commissioners. 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 of , A. D. 19 County Clerk and ex-officio Clerk of the Board of County Commissioners.