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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.