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Home My WebLink About3.0 Resolution 81-385STATE OF COLORADO County of Garfield .Ata regular meeting of the Board of County Commissioners for Garfield County, Colorado, held at the Court House in Glenwood Springs on Monday 1e 21 S t day of December A. D. 1981 , there were present: .Vg.l.a.S.SjJ,lgZ , Commissioner Chairman k a,r�Si�l�...►7......�].,S.t' Commissioner , Commissioner irk ).....i'.i......AS , County Attorney .1,4eaxme , Clerk of the Board when the following proceedings, among otters were had and done, to -wit: BOOK 589 PacE154. ss. Recorded at X15 o'clock /- M DEC 2 2 1981 Reception No. 322944 MILDRED ALSDORF, RECORDER RESOLUTION NO. 81-385 A RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE GARFIELD_COUNTY SUBDIVISION REGULATIONS FOR DONALD AND DONNA MOORE. WHEREAS, Donald and Donna Moore 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 13.991 acre tract described as follows: That parcel of land as described in Book 291, Page 401,in. the Office of the Clerk and Recorder of Garfield County, Colorado into 3 tracts of approximately 4.9, 4.4, and 4.7 acres each, more or less, which proposed divided tracts are more particularly described as follows:' TRACT A: Beginning at .the Southwest Corner of Tract 54 of the Morrisana Ranch; thence N:00°54736"E. 6.89 feet along the west line of said Tract 54 also being the east line of the SW1�,NW14 of Section 10, Township 7 South, Range 95 West of the 6th Principal Meridian, Garfield County, Colorado thence N.89°17'47"W. 246.37 feet; thence N.00°49'34"E. 655.64 feet to a point on the south line of the EZNW4 of Section 10; thence S.88°46'55"E. 227.45 feet along said south line to a point; on the centerline of an existing road in place; thence along said centerline the following five courses: S.00°38'00"E. 180.00 feet; thence 5.33°40'00"E. 141.00 feet;, thence S.13°30'00"E. 117,70 feet; thence 5.32°00'00"E. 276.50 feet; thence S.16°00'00"E. 20.22 feet; thence N.88°50'24"W. 249.97 feet along the south line of Tract 54 to the point.of beginning. Containing 4.916 acres, more or less. TRACT B: Beginning at the Northwest 1/16 Corner of Section 10, Township 7 South, Range 95 West of the 6th Principal Meridian, Garfield County, Colorado; thence N.00°54'36"E, 16.50 feet along the west line of Tract 41 of the Morrisana Ranch, thence S.88°46'55"E..253.60feet;.thence 5.00°30'00"E. • 200.00 feet; thence 5.30°28'00"E. 55.9.76 feet; thence N.88°50'24"W. 300.00 feet along the south line of Tract 54 of the Morrisana Ranch; thence along the centerline of a road in place the following five courses: N.16°00'00"W. 20.22 feet; thence N.32°00'00"W: 276.50 feet, thence. N.13°30'00"W. 117.70 feet; thence N:33°40'00"W. 141.00 feet; thence N.00°38'00"W. 180.00 feet;'thence.S.88°46'55"E..19.88 feet, along the south line of the E2NW1/4 of said Section 10 to the point of beginning. Containing 4.392 acres, more or less. TRACT C: Beginning at the Southeast Corner of Tract 54 of the Morrisana Ranch in Section 10, Township 7 South, Range 95 West of the 6th Principal Meridian, Garfield County, Colorado;.thence N.88°50'24"W. 226.03 feet along the south line of Tract 54; thence N.30°28'00"W. 559.76 feet; thence N.00°30'00"W. 200.00 feet; thence 5.88°46'55"E. 300.00 feet;'. thence 5.00°54'36"W. 16.50 feet to the Northeast Corner of Tract 54;.0 thence 5.17°41'36"E. 697.14 feet along the east line of Tract 54 to the point of beginning. Containing 4.683 acres, more of 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 BOOK 589 ME15 5 of`locating,domestic water on each of said; tracts, that there is adequate ingress and egress.ito.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, ther'efore,be exempted from the definition of the terms "subdivision" and "subdivided ?land"'as set forth in C.R.B. 1973, 30-28-101 (10) (a) -(d), as amended, NOW, THEREFORE, BE IT RESOLVED that the divisionof the above described tracts "A", "B"", and',C" from the ;above described 13.991 acre tract is hereby exempted n t� from�isuch,,definitions and said tract may be divided into tracts ,A , B" n , and Cn, all as`,is`,mo're,fuliy 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 the with express understanding and agreement of the Petitioners that no further exemptions be allowed on said tracts "A", "B", and "C'', and that a copy of the instrument or instruments of conveyance when'recorded shall be filed with this Resolution; that 1/3 interest in Domestic Well #65045. shall be deeded to eachparcel; and further, that a maintenance easement'from each parcel to the well be provided. ATTEST: uty 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: Larry Velasquez' Aye Flaven J. Cerise Aye Eugene Drinkhouse Aye Commissioners . STATE OF COLORADO ss 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. 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.