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Home My WebLink About2.0 Resolution 81-190STATE OF COLORADO /, {3;'.) • l '-jJ ,,,. BOOK 5?? riGe609 JUL 24 19Q1 County of Garfield Recorded at Reception No. ·'l'-0 c oc..: --r-v •• 317373 MILDRED ALSDORF, RECORDER At a ... 't".~.KlJJ.gX .......................................... meeting of the Board of Co~ty Commissioners for Garfield County, Colorado, held at the Court House in Glenwood Springs on .•.•..•...•.. MQU.d.ay ................................................. , the ...... 2.0.t.h ................... day of .J.uly. ........................................ A. D. 19 ..•. 8.1 ..... , there were present: . .L.ar.r.;v. ... Y..<;;.l.~§.QY.-.~.;:;;; .......................................... , Commissioner Chairman .F..laY.~n .... J .. , .... C.gx.i.s.~ ...................................... , Commissioner .E.lJ.g~ng .... ~~.J.im:.'. .... D..;ci.nk.h.Q.'!J::?.g ................ , Commissioner .A.t'J;:.bJJ:+. ... A. ....... AJ?.P..l§JJ.i?.J.P. ........ J.::r. .•.............. , County Attorney .Ji~;i;:i.?. .. ?. .... R~.tH~ ... J?J..~.;t;::}s§.§.,. .... D.§J?.:tJJ::;Y. .... , Clerk of the Board when the following proceedings, among others were had and done, to-wit: RESOLUTION NO. 81-219 ------- RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE GARFIELD COUNTY SUBDIVISION REGULATIONS FOR EVAN AND LINNIE :MELTON. WHEREAS, Evan and Linnie Helton have petitioned the Board of County Conunissioners of Garfield County, Colorado, for an exemption from the definition of the terms 11 subdivision11 and 11 subdividv1 land" under C.R.S. 1973, 30-28-101 (10) (a)-(d), as maended, and the Sub- division Regulations of Garfield County, Colorado, adopted January 2, 1979, Sections 2.02.21 (d) and 3.02.01 for the division of a 55 acre tract described as follows: That parcel of land as described in Document No. 222291 as filed in the Office of the Clerk and Recorder of Garfield County, Colorado into 2 tracts of approximately 5 and 55 acres each, more or less, which proposed divided tract is more particularly described as follows: Tract A: A parcel of land situated in the SE!i;NE~ of Section 5, Township 6 South, Range 91 West of the 6th Principal Heridian, Garfield County, Colorado, lying Westerly of the Westerly right-of-way fence line of County Road No. 263, and Northerly of the Centerline of the Ware and Hinds Ditch, both as now constructed and in place, said parcel of land is more fully described as follows: Beginning at a point on said right-of-way line; whence the East Quarter Corner of said Section 5 bears S 02°55'13" E. 855.18 feet; thence S 00°33'22" E. along said right-of-way line, 420.62 feet to a point in said ditch; thence S 80°10'56'' W. 146.09 feet along said centerline ditch; thence N 77°48'05'' W. 273.05 feet along said centerline ditch; thence N 78°31'16" W. 127.52 feet along centerline ditch; thence N 01°24'41" E. 362.55 feet; thence East 522.79 feet to the point of bep,inning, containing 5.00 acres, more or less. Subject to the Ware and Hinds Ditch easement and/or right-of-way; 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 does not warrant further dubdivision 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 loc- ating 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", from the above described 55 acre tract is hereby exempted from such definitions and said tract may be divided into tracts "A" 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 understa11ding and agreement of the Petitioners that no further exemptions be allowed on said tracts "A" and that a copy of the instrument or instruments of conveyance when recorded shall be filed with this Resolution. [t~.;105;?; H.> .· ... 577 P~GE610 ~{~: .. ;.;~:: ,_·: -~~··:··-.. ' ~ . ~jr:•·· BOOK ~'. ,, ; .. -·· ;':i.',:<· I"' I'-. II:··· .. ' ...... · ~:···~. : .. ' ~ ; I I I I l i. i f [_:: I i I THE BOARD OF COUNTY COMMISSIONERS GARFIELD COUNTY, COLORADO ·:" .... BY: f~UJL __ ~ .,··· Chairm ~ ~ Deput ~rk ~he Board of County Commissioners Garfield County, Colorado Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: .... LR.::t.:r.y. ... :V.~1.a.s.q.ue.2; .................................................................... Aye .... F.la:v..~n ... J ....... C.~.r.i:;;.~ ................................................................. Aye .... Eug.~n~ .... '..'.J..im'.'. .... Dx:inkho.us..~ ........................................... Aye STATE OF COLORADO County of Garfield Commissioners 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 Glenwood Springs, this .................... day of .......................................................... , A. D. 19 ............. . County Clerk and ex-officio Clerk of the Board of County Commissioners.