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Home My WebLink About3.0 Resolution 82-85STATE OF COLORADO ! ss. Record~.-! at. f.'5;;J.. o'clock p M. APR 1 6 1982 County of Garfield . ·Reception No. 326769 MILDRED ALSOORF, RECORDER At·~ .. , ....... E.:;.9,~;!;.<;!-E,"~; ....................... ~ ......... meeting of th~ Board of County Commissioners for Garfield County, Colorado, · ·· · . · Monday · 12+-i... held at the c;:ourt House m Glenwood Spnngs on ............................... '. ............................................... , the.............. .~.1. ........... day of . April ··... · . 82 ................... ~ .... ,; ........................... A. D. 19 .............. , there were present: ..... f..J..§!;Y..~.:n. .... J..: ..... 9..~.:r.;i,..§.~ .............. ~ ................... , Commissioner Chairman ..... E:.'Y.9:§.U..~ .... Q.;i;::J:.:n..!s:.!J.QJJ§..~ ............................... , Commissioner ..... J.i.~*.f:Y. .... Y.~J:.~:?..<a'!J.!?.~ ..................................... , Commissioner Earl Rhodes . ..................... ..................................................................... , County Attorney ..... J.i.~.~~!1.~ .... ~J.:§1.'.'l-.D.SL .... P..~.P.Yt.Y. ............... , Clerk of the Board when the following proceedings, among others were had and done, to-wit: RESOLUTION NO. 82-85 . . A RESOLUTION CONCE;RNED WITH GRANTING AN EXEMPTION FROM THE GARFIELD COUNTY SUBDIVISION .· .··· REGULATIONS FOR.·KENNETH R. MATTINGLEY. WHEREAS, Kenn.eth R. Mattingley has petitioned the Board of County Comritl~~~ioners<o;:t· Garfield County, Colorado, .for:an.exelI1ptiori from.the definition of the·terms·"subdivision". and "subQ.ivided land'' under,c.R..S.1972,.30-28-101 (10) (a)-(d),as amended; and.the· Subdivision Re:gulatioris of Garfield County, Colorado, adopted' January 2, 1979, SecilCi:is 2.92.21 (d) and 3~02.01 £or.t11e 'division of. a '63.9 acre tract described as follows:. . . A tract of land in".the N:E!i; ~f Section 34,. T6S, R92W of .the 6th Principal. Meridian in Garfield County, Colorado, and being more particulatly described as follows: Beginning at the :E!i;corner of said Section 34, a stone monument found in place, thence N.89°52'31"W. ·and along the south line of said NE!i; of Section 34, a distance of 1320.45 feet to the True Point of Beginning of Tract 5; thence N.89°52'31"W. and continuing along the said South line of NE% of said Section 34, a distance of 1320.46 feet to the SW corner of the NE!i; of said Section 34;::thence N.00°13'48"E. and along the west line of said NE!i; of Section 34 a distance of 2037.09 feet; thence S.81°53'31"E. and along the southerly right- of-way line of a county road a distance of 366.28 feet; thence N.6L~0 41'03"E. and continuing along the southerly right-of-way line of said county road a distance of 289.72 feet; thence N.81°43'13"E. and continuing along said southerly right- of-way line a distance of 284.79 feet; thence N.70°28'18':E. and continuing along said southerly right-of-way line a distance of 370.82 feet; thence S.62°15'28"E. and continuing along said southerly right-of-way line a distance of 72.64 feet; thence S.'00°12'0l"W. a distance of 2243.34 feet more or less to the True Point of Beginning. EXCEPT a tract in Section 34, T6S, R92W, 6th Principal·Meridian described as follows: Beginning at a point whence.the center of Section 34, T6S, R92W, 6th P.M. bears south 1255 feet; thence East 203 feet; thence north 230 feet; thence west. 203 ·; feet; ·.thence south 230 feet to the point of beginning, as recorded February 15; 1915 in Book 93 at Page 574, Reception No. 51200.· into 2 tracts of approximately 5 and 58. 9 acres each, ri1ore or less, which proposed divided tract is more particularly described as follows: TRACT A: Beginning at a point on the east right-of-way line of County Road No.331 (Also being a point on the north/south centerline of Sect5.on 34, T6S, R92W o.f the 6th Principal Meridian, Garfield County, Colorado whence the Center one-quarter corner of said Sectfon 34 bears S.0°13'48"W. 1677.09 feet; thence N.0°13'48"E, 360.00 feet along said east right-of-way line of County Road No. 331 and said north/south centerline of Section 34; thence along the southerly right-of-way line of County Road No. 326 (also being known as the Chipperfield Road) the following three courses: S.81°53'31"E. 366.28 feet; thence N.64°41'03"E, 389.72 feet; thence N.81°43'13"E, 64.95 feet; thence leaving said right-of-way, S.8°16'47"E. 331.36 feet; thence S.81°14'35r:W. 746.65 feet to the point of beginning. Containing 5.000 acres, more or less. (in the State of Colorado and the County of Garfield); and WHEREAS, the Petiti!oner 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 '· BOOK 59'7 f~GE286 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 domest:i_c 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; and WHEREAS, that a fee of $1000.00 be paid to Garfield County for the impact to the Silt Bridge created by the new lot prior to the issuance of this resolution; and NOW, THEREFORE, BE IT RESOLVED that the division of the above described tracts "A" and "B" from the above described 63.9 acre tract is hereby exempted from such definitions and said tract may be divided into tracts "A" and "B" all as is more fully described abovP qnd said divided tract may be conveyed in the form of such smaller tracts without further compliance with the aforesaid subdivision statutes and regulations provided, however, that this exemption is granted on the condition and ·with the express understanding and agreement of the Petitioner that no further exemptions be allowed on said tracts "A" and "B" and that a copy of the instrument or instruments of conveyance when recorded shall be filed with this Resolution. ATTEST: BOARD OF COUNTY COMMISSIONERS GARFIELD COUNTY, COLORADO of the Board /. Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: ......... f.. J .~.:.!.~. D, ... !I.~-... ,<;;,~-:[. ;j_, .$. .~ ............................................................ Aye ......... ~.~g-~.D-.S! .... P.;r..:hn.t.h9.M..$..~ ................................................... ; .... ~Aye ......... bS!:f.EY. .... Y.§:J.~.§.9:1,1;~;?; ............................................................... 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 ~n_fl 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.