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Home My WebLink About3.0 Resolution 80-32MAR 2 4 1980 • .__....-._• F�41 600K 54 i'AuF �a`a Ct:i:J.C;'n! i1:. l�;r.:.?P .. �r - a�Cl nl_clor r1.�-�.()or:'er STATE OF COLORADO ss. County of Garfield 11 regular At a meeting of the Board of County Commissioners for Garfield County, Colorado, held at the Court House in Glenwood Springs on Monday , the 17th day of March A. D. 19 80 , there were present: Richard Jolley , Commissioner Chairman Flaven Cerise , Commissioner Larry Velasquez , Commissioner Arthur A. Abplanalp t Jr. , County Attorney Rene Dierkes, (temporary) , Clerk of the Board when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 80-32 RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE GARFIELD COUNTY SUBDIVISION REGULATIONS FOR PHILLIP HENKE AND MICHAEL SUTTON WHEREAS, Phillip Henke and Michael Sutton have 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, 39-28-101 (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 20.0 acre tract described as follows: that parcel of land as described in Document No. 263522 as filed in the Office of the Clerk and Recorder of Garfield County, Colorado into 3 tracts of approximately 6.67 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.18°53'08"E. 1429.93 feet to the True Point of Beginning; thence N.00049'39"E. 688.53 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 95.90 feet along the arc of a curve to the right having a radius of 518.81 feet, a central angle of 10°35'28", (chord bears S.89°57'35"E. 95.77 feet); thence S.84°39'51"E. 289.51 feet; thence 42.15 feet along the arc of a curve to the right having a radius of 391.81 feet, a central angle of 06°09'47", (chord bears S.81°34'54"E. 42.13 feet); thence leaving said 60 foot road right-of-way S.00°49'39"W. 664.84 feet; thence N.88°43'37"W. 426.14 feet to the True Point of Beginning, containing 6.67 acres, more or less. Tract B: 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.34°00'05"E. 810.05 feet to the True Point of Beginning; thence N.00°49'39"E. 681.47 feet; thence S.88°43'37"E. 426.14 feet; thence S.00°49'39"W. 681.47 feet; thence N.88°43'37"W. 426.14 feet to the True Point of Beginning, containing 6.67 acres, more or less. Tract C: A tract of land situated in the NW4 of Section 17, Township 7 South, Range 87 West of the Sixth Principal Meridian, Garfield County, Colo- rado, more particularly described as follows: Beginning at the West Quarter Corner of said Section 17, thence S.88°43'37"E. 443.26 feet along the east -west centerline of said Section 17 to the True Point of Beginning; thence N.00°49'39"E. 681.47 feet; thence S.88°43'37"E. 426.14 feet; thence S.00°49'39"W. 681.47 feet to a point on the east -west centerline of said Section 17, thence N.88°43'37"W. 426.14 feet along the east -west centerline of said Section 17, to the True Point of Beginning, containing 6.67 acres, more or less. 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 tiooK 51'5 rAuE 6v3 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 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 tracts "A", "B", and "C" from the above described 20.0 acre tract is hereby exempted 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 he con- veyed 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 agree- ment of the Petitioners 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. THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO BY: Chairman ATTEST: iJt-e_ CLL/(12io2, Deputy Clerk of the Board of County Commissioners Garfield County, Colorado 4 1 Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: Richard Jolley Aye Flaven Cerise Aye Larry Velasquez Aye STATE OF COLORADO ss 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 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.