HomeMy WebLinkAbout3.0 Resolution 80-240STATE OF COLORADO
ss.
County of Garfield
BOOK 556 F113F964
Recorded of % o'clock M: SEP 3 0 1980
°7...
Reception No. ,4- �69
MiLDRED ALSDCRF, !EC;Cr ;E2
At a rS:$1.i.lar meeting of the Board of County Commissioners for Garfield County, Colorado,
held at the Court House in Glenwood Springs on Monday , the 29th day of
September A. D. 19 a.Q.... , there were present:
Ri. 17Axd••»G•► 4T.Q L Y , Commissioner Chairman
laarry••VQ.1.4 '•Qu.4'z , Commissioner
ElaYgn•••C Ni- Q , Commissioner
Agtbilr A.,....Akplanalp , Jr. , County Attorney
N4A.Qy Sprick Page, Deputy
Clerk of the Board
when the following proceedings, among others were had and done, to -wit:
RESOLUTION NO. 80-240
RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE GARFIELD
COUNTY SUBDIVISION REGULATIONS FOR NICHOLAS AND RUTH PITTENGER
WHEREAS, Nicholas and Ruth Pittenger have petitioned the Board of County
Commissioners of Garfield County, Colorado, for an exemption from the defin-
ition 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 23.59 acre tract described as follows:
in book 292 page 343 and book 546 page 249 recorded in the office
of Clerk and Recorder of Garfield County, Colorado, into 2 tracts
of approximately 5.36 and 18.23 acres each, more or less, which
proposed divided tract is more particularly described as follows:
A parcel of land situated in the NW1/4SW4 of Section 4, Township 5
South, Range 93 West of the 6th Pricipal Meridian, and more par-
ticularly described as follows:
Beginning at the South h corner of said Section 4, thence along the
North-South centerline of said Section 4 N00°o5'16"E 1325.13 feet
to the Southwest corner of the NWP SES of said Section 4, the true
point of beginning. With all bearings contained herein being
reletive to the North-South centerline of said Section 4; thence
continuing along said North-South centerline of Section 4, said
line being the same as the East line of the Palomino Park
Addition to the City of Rifle, Colorado N00°05'16"E 635.23 feet;
thence leaving said North-South centerline of Section 4 S89050'03"
E 168.81 feet: thence N34°28'06"E 265.69 feet; thence S 78°50'16"
E 239.48 feet is a point on the approximate centerline of the old
State Highway #13 S28°31'41"W 918.87 feet to a point on the South
line of said NW1/4SE4; thence S89°55'37"W 110.25 feet to the true
point of beginning.
Said parcel of land contains 5.36 acres more or less.
(in the State of Colorado and County of Garfield); and
WHEREAS, the Peititioners 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 a 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;
BOOK 556 PAGE965
NOW, THEREFORE, BE IT RESOLVED that the division of the above described
tracts "A", from the above described 23.59 acre tract is hereby exempted
from such definitions and said tract may be divided into tracts "A", all as
is more fully described above, and said divided 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 tract "A"
and that a copy of the instrument or instruments'of conveyance when recorded
shall be filed with this Resolution.
ATTEST:
lW
1 "I ,Ga_. A
f'D puty C er of the BO.rd
o Coun Commissioners
Garfield County, Colorado
THE BOARD OF COUNTY COMMISSIONERS
OF GARFIELD COUNTY, COLORADO
By: /
fi
i
Chairman /
Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote:
Richard C. Jolley Aye
Larry Velasquez Aye
Flaven Cerise Aye
STATE OF COLORADO
ss
County of Garfield
Commissioners
1, , 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.