HomeMy WebLinkAbout4.0 Resolution 83-32,
Recorder nt 9.!? o'C!ork %f' M. !'; % 98.
BCOK
Reception Flo. 33866341MILDRED ALSDCRF, RECORDER
STATE OF COLORADO
County of Garfield
Ata .regular
ss.
61.rd
meeting of the Board of County Commissioners for Garfield County, Colorado,
held at the Court House in Glenwood Springs on Monday the 1 4th
day of
Feburary A. D. 19. Q3 , there were present:
Eugene "Jim" Drinkhouse
Larry Velasquez (absent)
Flaven J. Cerise
Earl Rhodes
Mildred Alsdorf
when the foiowing proceedings, among others were had and done, to -wit:
Commissioner Chairman
Commissioner
Commissioner
Czunty Attorney
Clerk of the Board
RESOLUTION NO. 83-32
A RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM FURTHER SUBDIVISION REVIEW
FOR ELLIOTT AND NANCY PHILLIPS.
WHEREAS, Elliott and Nancy Phillips 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, 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 7.6 acre
tract described as follows: that parcel of land as described iri Document.No. 331142
as filed in the Office of the Clerk and Recorder of Garfield County, Colorado, into
2 tracts of approximately 5.6 and 2.0 acres each, more or less, which proposed divided
tracts are more particularly described as follows:
TRACT A: Beginning at the Southwest Corner of Tract 28 of Morrisania P3rLn as
established by a fence corner in place; thence N.0°00'00" E. 624.60
feet; thence S.89°22'00"E. 500.00 feet along the southerly right of
way line of County Road No. 337; thence S.0°00'00"W. 288.62 feet;
thence N.90°00'00"W. 205.25 feet; thence S.0°00'00"W. 335.00 feet;
thence N.89°07'00"W. 294.75 feet to the point of beginning. Containing
5.596 acres, more or less.
TRACT B: Beginning at a point whence the Southwest Corner of Tract 28 of Morrisania.
Ranch bears N.89°07'00"W. 294.75 feet; thence N.0°00'00"E. 335.00 feet;
thence S.90°00'OO"E. 205.25 feet; thence S.0°00'00"W. 198.38 feet;
thence S.90°00'00"E. 128.95 feet; thence S.0°24'00"W. 141.76 feet
along the westerly right -of -,way line of County Road No. 337; thence
N.89°07'00"W. 333.25 feet to the point of beginning. Containing 2.001
acres, more or less.
(in the State of Colorado and County of Garfield); and
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
Statutes 1973, as amended, for the reason that the impact created does not warrant
further 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.definitibn of the
terms "subdivision" and "subdivided land" as set forth in. C.R.S. 1973, 307287101
(10) (a) -(d), as amended;
ao3K b21 FA E164
NOW, THEREFORE-, BE IT RESOLVED that the division -of the above described tracts
"A" and "B", from the above described 7.6 acre tract is hereby exempted from
such definitions and said tract may be divided into tracts "A" and "B", all as is
more fully described above, and said dive-ded tract may be conveyed 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 agreement of the Petitioners. 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:
7.114JA
Clerk of the Board
BOARD OF COUNTY COMMISSIONERS
GARFIELD: COUNTY, COLORADO
Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote:
Eu&ene "Jim" Drinkhouse Aye
Larry Velasquez- (absent)
Flaven J: Cerise Aye
STATE OF COLORADO
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.
ss
Commissioners
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.