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HomeMy WebLinkAbout2.0 Resolution 80-300BOOK 561 PMGE€76 STATE OF COLORADO ss. Recorded at j o'clock` M. flFG 10 1980 County of Garfield T Receptrc� No. 31.0153 MtLDRED ALSDORF, RECORDER At a g.E'..g1.l ,Ax meeting of the Board of County Commissioners for Garfield County, Colorado, held at the Court House in Glenwood Springs on .Mfirtcl.4.Y , the 8.th day of PS:gRA- . fix A. D. 19.3.Q there were present: ..R ,Gkl.a d...Q , JQ 1J. Y , Commissioner Chairman ..LArrY V�a.:gq.laeZr , Commissioner F LIMPR J, Ce.KK:A„S , Commissioner • r- hur A. Abp1 nalp,; Jr. , County Attorney Naagy SP ; ck Page, Deputy , Clerk of the Board when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 80-300 RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE GARFIELD COUNTY 'SUBDIVISION REGULATIONS FOR WILLIAM OULD WHEREAS, William Ould 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 35 acre tract described as follows: in book 274 page 455 filed in the Office of Clerk and Recorder of Garfield County, Colorado, into 3 tracts of approximately 11 acres each, more or less, which proposed divided tracts are more particularly descri- bed as follows: Tract A: A tract of land situated in the Northeast 4 of the Southeast 4 of Section 24, Township 6 South, Range 89 West of the 6th P.M., Garfield County, Colorado, being more fully described as follows: Beginning at the Southeast 4 whence the East 4 Corner of said section 24 bears N 00°48'33" W 1324.91 feet; thence N 83°27'41" W 1237.59 feet to the southwest corner of said Northeast 4 of the Southeast 14; thence N 41°18'02" E 944.72 feet to a point on the Westerly right of way fence of County Road No. 119; thence following said fence southerly and easterly the following courses and distances: S 42°30'32" E 114.00 feet; S 26°12'50" E 253.23 feet; S 25°27'59" E 165.03 feet; S 37°01'54" E 19.65 feet; S 45°07'26" E 112.21 feet; S 74°09'19" E 228.18 feet to a point on the east line of said section 24; thence S 00°48'33" E 229.96 feet to the point of beginning, containing 11.200 acres, more or less. Tract B: A tract of land situated in the northeast 4 of the Southeast 4 of Section 24, Township 6 South, Range 89 West of the 6th P.M., Garfield County, Colorado, being more fully described as follows: Beginning at a point on the East line of said Section 24 whence the East 4 corner of said section 24, bears N 00°48'33" W 3.75 feet; thence S 00°48'33" E 1053.98 feet along the East line of said section 24 to a point on the northerly right of way fence of County Road No. 119; thence following courses and distances: N 71°25'10" W 261.09 feet; N 28°38'19" W 159.14 feet; N 28°18'11" W 244.24 feet; N 28°10'30" W 158.40 feet; N 53°50'45" W 52.36 feet; N 43°05'37" W 209.72 feet; N 22°44'08" E 41.11 feet; N 60°34'43" W 24.32 feet; N 11°10'00" W 131.14 feet to a point on the Southerly right of way fence of County Road No. 115; thence following said southerly fence easterly the following courses and distances: S 70°29'53" E 84.64 feet; N 66°34'28" E 256.32 feet; N 55°56'40" E 35.70 feet; N 71°03'51" E 19.71 feet; N 85°41'14" E 164.33 feet; N 89°33'37" E 233.14 feet to the point of beginning, containing 11.010 acres, more or less. Bnox 561 NcE6 7 Tract•C: A tract of land situated in the Northeast.4 of the ,Southeast 14 of Section 24, Township 6 South, Range 89 West of the 6th P.M., Garfield County, Colorado, being more fully des cribed as follows: Beginning at the Northwest corner of said Northeast 14 of the Southeast 4, whence the East k corner of said Section 24 bears S 83°05'05" E 1235.495 feet; thence S 83°05'05" E 135.95 feet along the North line of said Northeast 4 of the Southeast 4; thence S 60°47'00" E 345.35 feet; thence S 09°34'31" W 84.49 feet; thence S 21°20.'42" E 52.71 feet; thence N 68°39'18" E 21.90 feet to a point on. the Westerly right of way fence of County Road No. 119; thence following said fence Southerly and Easterly the following courses and distances: S 09°30'09" E 150.47 feet; S 42°54'07" E 120.71 feet; S 42°30'32" E 104.02 feet; thence S 41°18'92" W 944.72 feet to the Southwest corner of said Northeast 4 of the Southeast 4j thence N 00°40'26" W 1332.705 feet to the point of beginning, containing 11.202 acres, more or less. 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 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", "B", and "C" from the above described 35 acre tract is hereby exemp- ted from such definitions and said tract may be divided into tracts "A", "B", and "C", 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 no further exemptions be allowed on said tracts "A", "B", and "C", and that a copy of the instrument or instruments of conveyance when recorded shall be filed with this Resolution. ATTEST: Deputy erk" of the Bo of'Coun Commissioners THE BOARD OF COUNTY COMMISSIONERS OF G!`TiFIELD COUNTY, COLORADO %r--� By: `��% Garfield County, Colorado Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: Richard C. Jolley Aye Aye Flaven J. Cerise Aye Larry Velasquez 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 WHERE')F, 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.