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HomeMy WebLinkAbout3.0 Resolution 80-316/11!• STATE OF COLORADO ss. County of Garfield At a regular meeting of the Board of County Commissioners for Garfield�ounty, Colorado, Monday held at the Court House in Glenwood Springs onthe 22 n day of December A. D. 19 80 , there were present: Richard ...!~......70 .ezj Commissioner Chairman Lar'x.y....V lasque.Z Commissioner F..1ay.en...,1.....Cerise. , Commissioner , County Attorney Chex.ij.1...,I._...Koss.,.._Deputy , Clerk of the Board when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 80-316 RESOLUTION CONCERr`1ED WITH GRANTING AN EXEMPTION FROM THE GARFIELD COUNTY SUBDIVISION REGULATIONS FOR AUSTIN MARQUIS WHEREAS, Austin Marquis 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 32.0 acre tract described as follows: that parcel of land as described in Document No. 234899 as filed in the Office of the Clerk and Recorder of Garfield County, Colorado, into 3 tracts of approximately 5.0, 5.0, and 19.04 acres each, more or less, which proposed divided tracts are more particularly described as follows: Tract A: A tract of land situated in the NE1/4NE4 of Section 23, Township 7 South, Range 88 West of the 6th Pricipal Meridian, Garfield County, Colorado, and being more par- ticularly described as follows: Beginning at a point on the Northerly boundary line of said Section 23 whence a brass cap found in place and properly marked for the Northeast Corner of said Section 23 bears S 89°24'00 E 711.44 feet; thence South 282.99 feet to the centerline of a ditch; thence along said ditch centerline on the following courses: N 58°30'34" W 87.37 feet; thence N 51°59'52" W 111.58 feet; thence N 66°06'57"W 31.13 feet; thence S 85°18'55" W 31.96 feet; thence S 45°12'27" W 109.29 feet; thence S 26°00'00" W 93.66 feet; thence leaving said ditch centerline on a course bearing South for 222.00 feet; thence West 272.32 feet to a point on the Westerly boundary line of the NE%NEk of said Section 23; thence N 01°50'21" E 548.36 feet along the Westerly boundary line of the NE1/4NE4 of said Section 23 to the Northwest Corner of the NE1/4*;E1/4 of said Section 23; thence S 89°24'00" E 596.11 feet along the Northerly boundary line of the NEkNE4 of said Section 23 to the point of beginning, containing 5.01 acres more or less. Tract B: A tract of land situated in the NE4NE1/4 of Section 23, Township 7 South, Range 88 West of the 6th Principal Meridian, Garfield County, Colorado, lying westerly of and adjacent to the Westerly right-of-way line of County Road No. 112, and being more particularly described as follows: Beginning at the intersection of the Northerly boundary line of said Section 23, with the Westerly right-of-way line of said County Road No. 112 whence a brass cap found in place and properly marked for the Northeast Corner of said Section 23 bears S 89°24'00" E 378.71 feet; thence along the Westerly right-of-way line of said County Road No. 112 on the following courses: S 13°23'00" W 359.60 feet; thence S 25°04'30" E 175.34 feet; thence S 15°01'30" E 315.81 feet; thence leaving the Westerly right-of-way line of said County Road No. 112 on a rnt,rca hParinr N 63°18'01" W for 454.08 feet; thence North 613.12 feet to a point on the Northerly boundary line of said Section 23; thence S 89°24'00" E 332.73 feet to the point of beginning. containing 5.00 acres more or less, and together with and subject to a 30 foot wide access easement described below. (in the State of Colorado and County of Garfield); 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 is not large enough to proceed through the 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 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" and "B", from the above described 32.0 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 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 Petitioner that na'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. THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO By: i Chairman ATTEST(__-_ Deputy Glerk 9f/the Board of County Commissioners Garfield County, Colorado / Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: Richard C. Jolley Aye Larry Velasquez Aye Flaven J. Cerise Aye STATE OF COLORADO County of Garfield f• Cornmissioners I, , County Clerk and ex -officio Clerk of the Board of County Commissioners -_,, °_- •' _ cc,:nty __e. E._te afcresaid do hereby .ertif that the ,., a.. - - .y - - •-i' �-y -- -. .v .. .:.; ..c k:.G:J .vai the 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.