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Home My WebLink About2.0 Resolution 81-52STATE OF COLORADO BOOK 566 ? u126 ss. .�'6 M. - Fi 24 1981 County of C:'rfield ' �c�r�: ^ ' :-I- ��— 0' 710,:k Recept'sar, fdc. 312243 MILDRED ALSDORF, RECORDER' At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held at the Court House in Glenwood Springs on Monday , the 2 3rd day of February A. D. 19 81 , there were present: Flaven J. Cerise, Temporary, Commissioner Chairman Eugene "Jim" Drinkhouse Arthur A. Abplanalp, Jr. Cheryl J. Koss, Deputy , Commissioner , Commissioner , County Attorney , Clerk of the Board when the following proceedings, among others were had and done, to -wit: BEFORE THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO RESOLUTION NO. 81-52 WHEREAS, Hugh E. Rankin has petitioned the Board of County Commissioners of Garfield County, Colorado, for anexemption 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 24.7 acre tract described as follows: In Document No. 296527 filed in the Office of the Clerk and Recorder of Garfield County, Colorado, into 2 tracts of approximately 2 & 22.7 acres each, more or less, which proposed divided tract is more particularly described as follows: Tract A: A parcel of land situated in Lot 4 of Section 7, Township 5 South, Range 90 West of the Sixth Principal Meridian, Garfield County, Colorado, also situated in a parcel of land described by Reception No. 296527 as filed in the Garfield County, Colorado records, lying Easterly of the Westerly line of said Section 7 and Southwesterly of a line partially described by Reception No. 285990 as filed in said County records, also being a line partially described by said Reception No. 296527, said parcel of land is more fully described as follows: Beginning at a point on the Westerly line of said Section 7, also being an angle point of said described lines; whence the West Quarter Corner of Section 18 of said Township and Range bears: S. 00°37'50" W. 3880.67 feet thence S. 77009'58" E. 238.14 feet along said described lines; thence S. 35'41'12" E. along said described lines, 609.53 feet to a point in the center of a small irrigation ditch as now constructed and in place; thence N. 54°42'47" W. 721.82 feet to a point on the Westerly line of said Section 7; thence N. 00°37'50" E. along said Westerly line, 131.00 feet to the point of beginning, containing 2.00 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 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 no new parcel is created and that the exemption is for the adjustment of property boundaries only; and 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 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; NOW, THEREFORE, BE IT RESOLVED that the division of the above described tract "A", from the above described 24.7 acre tract is hereby exempted from such definitions and said tract may be divided into tract "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 Petitioner 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. BOOK 5661,4E127 This exemption is granted on the condition that no new parcel is created and that no building permits shall be issued for the two acre tract. Also, the two acre tract .shall be blended into the Michael O'Leary property described in Document No. 285990 :filed in the Office of the Clerk and Recorder of Garfield County, Colorado ATTEST: THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO Temporary Chair an Depu Clerk-frf the Board of Countyissioners Garfield County, Colorado Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: Flaven J. Cerise Aye Aye Aye Eugene "Jim" Drinkhouse STATE OF COLORADO ss County of Garfield Commissioners 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.