HomeMy WebLinkAbout2.0 Resolution 81-254l
STATE OF COLORADO
BOOK !i~~ Pl.GE!:J!J~
L/~ o'clock p M. Al I G 1 1 1981
31802() MILDRED AtSDORF, RECORDER County of Garfield
Recorded at
Reception No.
regular
At a ................................................................... meeting of the Board of County Commissioners for Garfield County, Colorado,
held at the Court House in Glenwood Springs on •••...• J19XU~i'l-Y. ......................................................... , the ..... .lO.th ...................... day of
.......... ~-µ,s;~.~!: ........................... A. D. 19 .... §1 ..... , there were present:
....... f..~E:?Y. ... Y.~~-~-~g_-µ,!¥,~ ............................................ , Commissioner Chairman
....... f..J:.~Y.~D. ... Y..~ ... f.~.f}.§.~ ......................................... , Commissioner
....... ~.-µ,s;~.~~ ... .'.'.J.im'.'. ... l?.r.:i:r..~DQ.H§.!=! ....................... , Commissioner
....... ~.~E.! ... 9.: .... /3b!?.9-.i:':§ ••••••••••••.••••••••••••••••.•••..••••..••••.• , County Attorney
....... !1.~.:J..~E~.9-... ~.~-~.SJ..9.E.~ ............................................ , Clerk of the Board
when the following proceedings, among others were had and done, to-wit:
RESOLUTION NO. 81-254
A RESOLUTION CONCERl\1ED WITH GRANTING AN EXEMPTION FROM THE GARFIELD COUNTY .$.l]BDIVISION
REGULATIONS FOR RON MITCHELL. ('i}i:'
-:.,_-.•
WHEREAS, Ron Mitchell 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 division of a 116 acre tract described as follows:
In Document No. 308681 filed in the Office of Clerk and Recorder of Garfield County,
Colorado into 2 tracts of approximately 111 and 5 acres each, more or less, which proposed
divided tract is more particularly described as follows:
Tract A: A parcel of land situate in the S~ SE ~. Section 32, Township 6 South,
Range_ 94 West of the 6th Principal Meridian and more particularly described as
follmvs:
Beginning at the Southeast Corner of Section 32, Township 6 South, Range 94 West,
a stone corner found in place, thence N 58°30'40" W 1006.53 feet to the true point
of beginning; with all bearings contained herein being relative to a bearing of
S 89°28'33" Won the line between the Southeast Corner and the South!,; Corner of
Section 32 of said township and range; thence S 89°11'47" W 244.25 feet; thence
S 83°09'38" W 684.61 feet; thence N 46°53'58" W 346.67 foet to a point that would
intersect the centerline of an existing access road; thence N 71°41'13" E 79.90
feet; thence N 77°48'08" E 233.52 feet; thence S 46°24'16" E 65.04 feet; thence
S 64°22'00" E 81.69 feet thence N 87°45'03" E 128.15 feet; thence N 89°11'47" E
622.00 feet; thence S 00°48'13" E 159.94 feet to the true point of beginning. Said
Parcel of land contains 5.0 acres more or less; 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 Statutes 1973, as amended,
for the reason that the impact created does not warrant a full subdivision review, 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 of said tracts, that there is adequate ingress and egress
to said tracts, that the location of septic tanks will be permitted by tlie Colorado Depart-
ment of Health, that the requested division is not part of an existing or larger devel-
opment ar.d does not fall within the general purposes and intent of the subdivision regul-
ations 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 tract "A",
from the above described 116 acre tract is hereby exempted from such definitions and said
tract may be divided into tract "A", all as is more fully described above, and said div-
ided 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 tract "A", and that a copy of
the instrument or instruments of conveyance when recorded shall be filed with ~his resolution.
.... ' • . -~
'.,/ --., ' ,-BOOK 578 PAGE999
' ' .. .-~ r.
' '
-·; .. ~ . ~ "
: ~ ....
Aitd.:, that , ~(3rd· ownership in the existing domestic well on the 116 acre pa:rcel be con-
v~y"ed w:Lth the, 5 acre parcel along with an easement to the well from the 5 acre parcel.
-' .....
THE BOARD OF COUNTY COMMISSIONERS
GARFIELD COUNTY, COLORADO
BY: c&:~)~-==r--·~-=~~ ...
Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote:
...... bg.r.r.Y. ... Y.~.:h?>.\lglJ.~:?. ......................................................................... Aye
...... f.;J...~:v.~.i:t..Y. ...... C~ris.e ....................................................................... Aye
..... J;!ugene .'.:J.;i.Il!.': ... nr.i:o.khause. ..................................................... Aye
Commissioners
STATE OF COLORADO
County of Garfield ~SS
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 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 Gleliwood Springs,
this. .................... day of .......................................................... , A. D. 19 ............. .
County Clerk and ex-officio Clerk of the Board of County Commissioners.