HomeMy WebLinkAbout3.0 Resolution 84-98STATE OF COLORADO
CoJnty of Garfield
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Recorded at_L: I J.. .. o'clock P _M, MAY 2 9 1984
Reception N"o. 352722 MILDRED ALSDORF, RECORDER
GARFIELD cour·JTY, COLORADO
BOOK &50 ?!Gf554
At a regular meeting of the Board of County
Commissioners for Garfield County, Colorado, held at the Commissioners'
Annex in Glenwood Springs on Monday , the 29th day
of May A.O. 1984 , there were present:
~=L~a~r~ry....._V~e=l=a=s~o~u=e=z,,__~~~~~~~~~' Commissioner Chairman
Flaven J. Cerise· , Commissioner
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Eugene "Jim 11 Drinkhouse , Commissioner
Earl Rhodes , County Attorney
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Mildred Alsdorf Clerl< of the Board
when the following proceedings, among others were haa and done, to-wit:
RESOLUTION NO. 84-98
A RESOLUTION CONCERNED WITH AMENDING RESOLUTION NO. 81-219 APPROVING AN
EXEMPTION FROM THE GARFIELD COUNTY SUBDIVISION REGULATIONS FOR EVAN AND
LINNIE MELTON
WHEREAS, Evan and Linnie Melton have petitioned the Board of County
Commissioners of Garfield County, Colorado, for an exemption from the
definition of the terms 11 subdivi.sion 11 and 11 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 fo~ the division of a 26+ acre tract described as follows:
That parcel of land as described in Book 352, Page 061 as filed
in the Office of the Clerk and Recorder of Garfield County, Colorado
into 2 tracts of approximately 5 & 21 acres each, more or less, which
proposed divided tracts are more particularly described as follows:
Tract A: A parcel of land situated in the SE 1/4 NE 1/4 of Section 5,
Township 6 South, Range 91 West of the 6th Principal Meridian, 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 1 13 11 E. 855.18 feet; thence S
00°33'22 11
• along said right-of-way line, 420.62 feet to a point in said
ditch; thence S 80°10 1 56 11 W. 146.09 feet along said centerline ditch;
thence N 77°48 1 05 11 w. 273.05 feet along said centerline ditch; thence N
78°31 1 16 11 W. 127.52 feet along centerline ditch; thence N 01°24'41 11 E.
362.55 feet; thence East 522.79 feet to the point of beginning, containing
5.00 acres, more or less. Subject to the Ware and Hinds Ditch easement
and/or right-of-way; and
Tract B: The remaining 21 acres as found in the book and page noted above.
(in the State of Colorado and County of Garfield); and hereafter
Resolution No. 81-219 is voided. That Resolution incorrectly combined two
separate parcels to represent a larger tract than what was being acted on
by the Board for the purpose of this exemption.
WHEREAS, the Petitioners have demonstrated to the satisfaction of the
Board of County Commissioners of Garfield County, Colorado, tnat 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
this division does not warrant furtner 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,
.. , 'i.
BOOK 650 PAGE 555 ·
th~t the location of septic tanks will be permitted by the Colorado
·Department of Health, that the requested division is not part of an
eirsting or larger development and does not fall within the general
purposes and intent of tha subdivision regulations of the State of
coi6rado and the 6ounty of Garfield, and should, therefore, be exempted
from th·e 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 26 acre tract is hereby exempted from
~uch de.f initions and said tract may be divided into tracts
"A" and "B'' 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, how~ver, that this exemption is granted on the condition and
with the express understanding and agreement of· the Petitioner(s) 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
this Resolution.
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Dated this <!9 day of 1984. __ lz"--'/_,_) Cl-'-~-+-/-'"'"'--, A. D. ~ THE BOARD OF COUNTY
OF GARFIELD COUNTY,
COMMISSIONERS
COLORADO
Upon motion duly made and seconded the foregoing Resolution was
~dopted by the following vote:
~-~L=a=r~r~y--=-V~e=l=a=s=q=ue=.z=-~----------------------Aye
Flaven J. Cerise Aye ---"'-'"'-~--~"-=-~--------------~--~-------~E=u~g~e=n~e-"~J=i =m_11 -=-D r~l=· n~k=h~o~u=s~e"--___________________ Aye
STATE OF COLORADO
County of Garfield
r~ , county Clerk and ex-officio Clerk
of the Board of County Commission~rs 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
Cofurnissioners for s~id 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.
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