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HomeMy WebLinkAbout2.0 Resolution 81-58STATE OF COLORADO County of Garfield • At a regular ss. .2r0l..5,.' 8(lA 56? PdrE6 9 M. M R 1 7 1981 Reception No. 312920 MILDRED ALSDORF, RECORDER meeting of the Board of County Commissioners for Garfield County, Colorado, held at the Court House in Glenwood Springs on Monday the 16th day of March A. D. 19 81 there were present: Flaven J. Cerise, Temporary Eugene ' Jimff Drinkhouse ' Arthur A. Abplanalpf Jr. Cheryl J. Koss, Deputy when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 81-58 Commissioner Chairman Commissioner Commissioner County Attorney Clerk of the Board A RESOLUTION CONCERNED WITH GRANTING AN E E'1PTION FROM THE GARFIELD COUNTY SUBDIVISION REGULATIONS FOR ALLEN PEZOLDT WHEREAS, Allen Pezoldt has petitioned the Board of County Commissioners of Garfield County, Colorado, for an exemption from the definitions of the terms "subdivision" 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 2.2 acre tract described as follows: In book 254, page 533, filed in the Office of Clerk and Recorder of Garfield County Colorado, into 2 tracts of approximately 1.53 and .46 acres each, more or less, which proposed divided tracts are more particularly described as follows: Tract A: A tract of land situated in the NE/4 SW/4 of Section 5, Township 6 South, Range 89 West of the 6th Principal Meridian, Garfield. County, Colorado, being more particularly described as follows: Beginning at a point on the Northerly right-of-way line of Interstate I-70 whence the Southwest Corner of Section 35, Taanship 5 South, Range 89 West of the 6th Principal Meridian bears N 34°17'00"W 2031.15 feet; thence N.01°54'30" E 120.00 feet; thence S 81°36'12" F 169.88 feet; thence S 01°51'00"W 120.00 feet to a point on the Northerly right-of-way line of Interstate 1-70; thence N 81°36'30" VJ 170.00 feet along the Northerly right-of-way line of Interstate I-70 to the point of beginning, containing 0.46 acres more or less. Tract B: A tract of land situated in the NE/4 SW/4 of Section 5, Township 6 South, Range 89 West of the 6th Principal Meridian, Garfield County, Colorado, lying southerly of the Southerly right-of-way line of County Road 130 and being more particularly described as follows: Beginning at a point on the Southerly right-of-wa_y line of said County Road whence the Southwest Corner of Section 35, Township 5 South, Range 89 West of the 6th Principal Meridian bears N. 45°04'30" W 1640.38 feet; thence S 72°48'43" E 55.04 feet along the Southerly right-of-way of said County Road; thence S 83°34'46" E 115.65 feet along the Southerly right-of-way line of said County Road; thence S 01°51'00" W 395.74 feet; thence N 81°36'12" W 169.88 feet; thence N. 01°54'30" E 400.15 feet to the point of beginning, containing 1.52 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 Cunnissioners 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 subdivision review. 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 permitted by the Colorado Department of Health, that the requested division BOOK 567 PAGE64() is not part of an existing or larger development and does not fall within the general purposes and intent of the subdivison regualtions 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", and "B", from the above described 2.2 acre tract is hereby exempted frau such definitions 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 compliacne 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 conveyance when recorded shall be filed with this Resolution. ATTEST, Deputy Clerk of he Board - of County Commissioners Garfield County, Colorado THE BOARD OF COUNTY COMMISSIONERS OF GARFI_FID COUNTY, COLORADO Teary chai Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: Flaven J. Cerise Aye Eugene "Jim" Drinkhouse Aye Aye STATE OF COLORADO County of Garfield lu Commissioners , 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.