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HomeMy WebLinkAbout2.0 Resolution 80-323BOOK 563 PAGE 5`7 STATE OF COLORADO i JAN 1981 ss Recorcip4 at o'clock�1: County of Garfield Reception No.. 31_0866 M LDRra ALSDORF, R :CORDER At a continued meeting of the Board of County Commissioners; for Garfield County, Colorado, held at the Court I -louse in Glenwood Springs on Wednesday the 31st day of December A. D. 19 80 there were present: Richard C. Jolley , Commissioner Chairman Flaven _ Cerise , Commissioner , Commissioner Arthur A. Abplanalp, Jr. County Attorney Nancy Sprick Pave, 'Deputy, Clerk of the Board when the following proceedings, among others were had and done, to -wit: RESOLUTIONNO. 80-323 RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE GARFIELD COUNTY SUBDIVISION REGULATIONS FOR ALBERT AND MARIE HERRING WHEREAS, Albert and -Marie Herring -have petitioned the Board of County Commissioners of Garfield County, Colorado, for an exemption from the definition of the terms "subdivision" and "sub- divided 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 30.63 acre tract described as follows: that parcel of land as described in Document No. 224590 as filed in the Office of the Clerk and Recorder of Garfield County, Colorado. into 2 tracts of approximately 3.01 and 27.62 acres each, more or less, which proposed divided tract is more particularly described as follows: Tract A: A parcel of land situated in the Northwest Quarter of Section 17, Township 7 South, Range 88 West of the Sixth Principal Meridian, Garfield County, Colorado, more particularly described as follows: Beginning at the Northwest Corner of said Section 17, a brass cap monument in place; thence S 53°34'20" E. 828.87 feet to a rebar and cap monument at the Southwest Corner of Government Lot 4, the True Point of Beginning; thence due east 660.24 feet along the southline of said Government Lot 4, to a rebar and cap monument; thence S 22°56'00"W. 476.76 feet to a rebar and cap monument, on the northerly line of County Road 113 Right-of-way; thence along said northerly right-of-way line the following courses and distances; thence northwesterly 81.53 feet along the arc of a curve to the right, having a radius of 1048.81 feet, a central angle of 04°27`13" chord bears N 38°14'17" V. 81.50 feet; thence 203.75 feet along the arc of a curve to the left, having a radius of 1509.32 feet, a central angle of 07°44'04", chord bears N. 39°52'41" W. 203.59 feet; thence N 43°44'4.3"` W. 77.15 feetz thence 151.02 feet along the arc of a curve to the left having a radius of 339.80 feet a central angle of 25°27'54", chord bears N 56°28'40" W. 149.78 feet; thence N 69°12'37"'W."123.30 feet to a rebar and cap monument; thence leaving the northerly right-of-way line of said County Road 113. due north 36.60 feet to the True Point of Beginning, containing 3.01 acres, more or less. (in the State of Colorado and. County of Garfield);,, 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 is not large enough to proceed through the full subdivision review, and BOOK 563 M1E 5!1d 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, 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 tract "A", from the above described 30.63 acre tract is hereby exempted from such definitions and said tract;:may be divided into tract "A", all as is more fully described above, and said dividdd tract may be conveyed in the form of such smaller tract 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 Petitioners 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. THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO w^� ATTEST: lLj`L1 gee Dep ty Cl J k 6f the Boar4/ of County Commissioners Garfield County Colorado Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: Richard C. Jp11 y Aye Eleven Cerise Aye Aye Commissioners STATE OF COLORADO ss County of Garfield 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 any 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.