HomeMy WebLinkAbout3.0 Resolution 80-25Reco
Y _ _, . EB z 11ssa - f,0K 544 PAGE.
PPeep',1 I tie. , Ali f icl_ Plr,dorf_� Recorder
STATE OF COLORADO
County of Garfield
At a
held at the oyyrt House in Glenwood Springs on Tuesday the 19th day of
eD ru a ry A. D. 19 80 there were prese
Richard C. Jo I ley commissioner Chairman
Larry Velasquez
,.. , Commissioner
Flaven i . Ce rl s e Commissioner
Arthur A. Abpl anal P Jdunty Attorney
Nancy Sprick Page DPtlerk of the Board
when the following proceedings, among others were had and done, to -wit:
ss.
regular meeting of the Board of County Commissioners for Garfield County, Colorado,
RESOLUTION NO. 80-25
RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE GARFIELD COUNTY
SUBDIVISION REGULATIONS
WHEREAS, Phillip Henke 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 10.0 acre
tract described as follows: that parcel of land as described in Book 440 at Page
402 as filed in the Office of the Clerk and Recorder of Garfield County, Colorado
into 2 tracts of approximately 5.0 acres each, more or less, which proposed divided°
tracts are more particularly described as follows:
Tract A: A tract of land situated in the NW4 of Section 17, Township
7 South, Range 87 West of the Sixth Principal Meridian, Garfield County,
Colorado, more particularly described as follows:
Beginning at. the West Quarter Corner of said Section 17, thence N.00°49139"
E. 1509.40 feet along the westerly line of said Section 17 to the True
Point of Beginning; thence continuing along the westerly line of said
Section 17, N.00°49'39" E. 459.89 feet to a point on the southerly line,
of a 60 foot road right-of-way; thence along the southerly line of said
road right-of-way the following courses and distances; thence 98.05
feet along the arc of a curve to the right, having a radius of 335.50 feet,
a central angle of 16°44'38", (chord bears N.75°54'05"E. 97.70 feet);
thence N.84°16'24" E. 165.95 feet; thence 107.00 feet along the arc of a
curve to the left, having a radius of 729.24 feet, a central angle of
08°24'24" (chord bears N.80°04'12"E. 106.90 feet); thence 80.39 feet along
the arc of a curve to the right, having a radius of 518.81 feet, a central
angle of 08°52'41", (chord bears N.80°18'20" E. 80.31 feet); thence leaving
said 60 foot right-of-way S.00°49'39" W. 542.06 feet; thence M.88°43'37"
W. 443.26 feet to the True Point of Beginning, containing 5.12 acres, more
or less.
Tract B: A tract of land situated in the NWn.of Section 17, Township
7 South, Range 87 West of the Sixth Principal Meridian, Garfield County,
Colorado,more particularly described as follows:
Beginning at the West Quarter Corner of said Section 17, thence N.00°49'39"
E. 1006.25 feet along the westerly line of said Section 17, to the True
Point of Beginning; thence continuing along the westerly line of said
Section 17, N.00°49'39" E. 503.15 feet; thence S.88°43'37" E. 443.26 feet,
thence S.00°49'39" W. 503.15 feet; thence N.88°43137" W. 443.26 feet to
the True Point of Beginning; containing 5.12 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 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
BOOK 544 PAGE 28
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 ofthe above described
tracts "A". and "B" from the above described 10.0 acre tract is hereby exempted
from such definitions and said tract may 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 afore-
said 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" and "B", and that a_ copy of the instrument or instruments of con-
venance when recorded shall be filed with this Resolution.
Adopted the 19th day of February
ATTEST:
De'uty C i -r .f the Boa
of ount Commissioners
Garfield County, Colorado
A.D. 1980.
THE BOARD OF COUNTY COMMISSIONERS
OF GARFIELD COUNTY, COLORADO
Upon motion duly made and seconded the fore oin Resolution,. as adopted by. the following.vote:
RiCfiargd' U. JOIcy Aye
Larry Velasquez
Flaven J. 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 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.