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HomeMy WebLinkAbout2.0 Resolution 81-321STATE OF COLORADO County of Garfield. If Ata regular Recorded of cox 58 PAGE931: o'clock . /1 M. OCT 2 2 1981 Reception No. 32(611 ° MILDRED ALSDORF, RECORDER ! held at the Court House iri;Glenwood Springs on October A. D. 19 51 Chairman Tiq.::y Velasgmaz F1aven J, Certs? Eugene "Jim" Pd,4k}QJsG Earl Rhodes meeting of the Board of County Commissioners for Garfield County, Colorado, moAd�iy the 9 th day of , there were present: Cheryl J. Koss when the following proceedings, among others were had and done, to -wit: , Commissioner Chairman , Commissioner , Commissioner , County Attorney , Clerk of the Board RES:)LUTION NO. 81-321 RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE GARFIELD COUNTY -SUBDIVISION. .REGULATIONS FOR EGON SEUBERT. WHEREAS, Egon Seubert has 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 3.02.21 for the division of a 2.42 acre tract described as follows: That parcel of land as described in Document No. 279472 as filed in the Office of the Clerk and Recorder of Garfield County, Colorado into 2 tracts of approximately .84 and 1.57 aces each, more or .less, which proposed divided tracts are more particularly described as follows: TRACT A: A parcel of land situated in the WZNE4 of Section 36 Township 5 South Range 90 West of the 6th P.M. lying northerly of the northerly right-of-way line of U.S. Interstate Highway 70 frontage road, more particularly described as follows: Beginning at the north 4 corner of said Section 36; thence 5.32°58'36"E.. 1633.46 feet toa;point on the northerly right-of-way line of said frontage road,.the.True Point of Beginning; thence N. 03°19'00"E. 97.39 feet; thence N.85°41'18"E. 300.53 feet; thence S.05°03'00"W. 155.80 feet to a point on the northerly right-of-way line of said frontage road; thence 293.87 feet along the arc of a curve to the left, having a radius of 2903.02 feet; (the chord of which bears N.83°05'00"W. 293.74 feet) to the True Point of Beginning; containing 0.84 acres more or less. TRACT B: A parcel of land situated in the.W NE4 of Section 36 Township 5 South Range 90 West of the 6th P.M. more particularly described.as follows: Beginning at the north 4 corner of said Section 36, thence S.3!°26'00"E. 1481.23 feet to the True Point of Beginning; thence N.48°10'00"E. 166.72 feet; thence N.18°0.6'00"E. 104:96 feet to the center of an irrigation ditch, thence along the center of. said ditch the following courses, S.78°14'00"E. 59.14 feet; thence S.83°13'45"E. 40.26 feet; thence N.78°26'08"E. 25.75 feet; thence N.57°44'15"E. 10,91 feet;. thence leaving said ditch S.81°20'00"E. 29.55 feet; thence S.05°03'00"W. 276.07 feet; .thence S.85°41'18"W. 300.53 feet; thence N.03°19'00"E. 97.06 feet to the True Point of Beginning, containing 1.57 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 19.73,`as amended, for the reason that this represents an adjustment of property boundaries, and no new -lots are created, 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; • NK!, Nqa742 NOW;:..THEREFORE, BE IT RESOLVED that the division of the abc:ve described tracts "A", "B", 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 regulat:i.ons;:provided, however, that this exemption is granted on the condition and with teh express understanding and agreement of the Petitioner that no further exemptions. be allowed on. said tracts "A", "B", acid that a copy of the instrument n-.i.nstruments of conveyance whet: recorded shall be filed. with this Resolution, and no lots are creLted by.this action; and no building permit will be issued solely for the 's acre site. ATTEST: Dated this 19thday of October Deputy Clerl- of th- card of County Co miss o•ers Garfield County, Colorado , A.D. 1981. THE BOARD 01 COUNTY CONI ISSIONERS OF GARFIELD COUNTY, COLORADO BY: • Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: Chairman Larry Veia�cfllez Aye Commissioner.Flaven Cense Aye Commissioner Eugene "Jim" aX. nXhQ.US.2Aye STATE OF COLORADO 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 Cou:,ty Clerk and ex -officio Clerk of the Board of County Commissioners.