HomeMy WebLinkAbout2.0 Resolution 81-58STATE OF COLORADO
County of Garfield
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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.