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HomeMy WebLinkAbout2.0 Resolution 80-239• [3(!7:'K 556 Prr.E966 STATE OF COLORADO ]1 SEP 3 1980 Resor -t c c,o c j M. ss. - by ►y _ County of Garfield Rece�t.Cit i�C. <. r �% df �� �� �D ALS►7�,.r, At a .r.eg1.11. .r meeting of the Board of County Commissioners for Garfield County, Colorado, held at the Court House in Glenwood Springs on M day , the 29th day of September A. D. 19.....$.0... , there were present: Richard c, Jolley , Commissioner Chairman Larry Velasquez , Commissioner Flaven Cerise , Commissioner Arthur A. Abplanalp, Jr., County Attorney Nancy Sprick Page, DeputyClerk of the Board when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. Rn -2/9 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 "sub- division" 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 1,305 acre tract described as follows: in book 274 page 455 in the office of Clerk and Recorder of Garfield County, Colorado; into 2 tracts of approximately 5 and 11 acres each, more or less, which proposed divided tracts are more particularly des- cribed as follows: Tract A: That part of lots 27 and 28, Section 29, Township 6 South, Range 88 West of the 6th P.M., Garfield County, Colorado, lying Northeasterly of County Raod No. 119, and being more fully described as follows: Beginning at the Northeast corner of said Lot 27, whence the North 4 corner of said Section 29 Bears N 23°32'16" E 3086.68 feet; thence S 00°17'53" E 631.81 feet along the east line of said Lot 27 to its intersection with the Northeasterly right of way fence of said County Road; thence N 52°40'23" W 454.20 feet along said fence; thence N 49°26'47" W 254.08 feet along said fence; thence N 47°32'27" W 283.22 feet along said fence to its intersection with the north line of said lot 28; thence East 759.89 feet along the North line of said Lots 28 and 27 to the Point of Beginning, containing 5.745 acres, more or less. Tract B: That part of lot 3 and the Southwest 4 of the Northeast 1 of Section 32, Township 6 South, Range 88 West of the 6th P.M., Garfield Coutny, Colorado, lying southerly of County Road 119 And Easterly of the Westerly line of an existing ranch road, and being more fully described as follows: Beginning at the Southeast corner of said Lot 3 whence the East 4 Corner of said Section 32 Bears S 89°00'39" E 1150.96 feet; thence N 89°00'39" W 397.84 feet to a point on the Westerly line of said Ranch Road; thence N 43°32'10" W 544.47 feet along said Westerly Line; thence following said Westerly line 341.52 feet along the arc of a curve to the right having a radius of 303.53 feet; thence N 20°55'48" E 117.31 feet along said Westerly line to the South right of way fence of said County Road; thence S 88°02'58" E 794.83 feet to the East line of said Lot 3; • • rj 556 ecE967 thence South 801.59 feet along the East line of said lot 3 to the point of beginning, containing 13.239 acres, more or less. (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 does not warrant a full sub- division 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 permit- ted 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 difinition 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 1305 acre tract is hereby exempted from such difinitions 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 no further exemp- tions 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. ATTEST: erkl of the Boar o' County Commissioners Garfield County, Colorado THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO ^i2 Chairma Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: Richard. Aye Aye ...ce:c i a? Aye Commissioners STATE OF COLORADO County of Garfield I, , County Clerk and ex -officio Clerk of the Board of County Commissioners ha., r..,_._.,_ __a n._._ _r___�__� a_ i�_L� _.V.<f s.....i_ ___.____d __d c and for the ..:+t_., ;.:..�;_ :.__c �___�_ __ ._�__,, ___�� ___. _c :.__.,�-.. d. :,;iEyaiuy f4c3 aS truly Wpaeu from 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.