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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.