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Home My WebLink About3.0 Resolution 80-152Zsc�rc! -4 Reception No. STATE OF COLORADO County of Garfield JUL 2 3 1980 305853 1LDRED ALSDORF, RECORDER BO''x 552 P1GE356 Ata regi/lar meeting of the Board of County Commissioners for Garfield County, Colorado,_ held at the Court House in Glenwood Springs on Monday the 21 St day of Olay A. D. 19 80 , there were present: Richard C. Jolley Flayen Cerise Larry Velasquez Arthur A. Abplanalp, Jr. Nancy Sprick Page, Deputy when the following proceedings, among others were had and done, to -wit: Commissioner Chairman Commissioner Commissioner , County Attorney , Clerk of the Board RESOLUTION NO. 80-152 RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE GARFIELD COUNTY SUBDIVISION REGULATIONS FOR DAVID SONTAG WHEREAS, David Sontag 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 3.02.01 for the division of a 34.13 acre tract described as follows: that parcel of land as described in Document No. 282617 as filed in the Office of the Clerk and Recorder of Garfield. County, Colorado into 4 tracts of approximately 4.07, 13.9, 11.99 and 4.01 acres each, more or less, which proposed divided tracts are more particularly described as follows: Tract A: A parcel of land situated in the NW1/4 of Section 18, Township 7 South, Range 87 West of the 6th Principal Meridian, Garfield County, Colorado and being more fully described as follows: Beginning at the NW corner of said Section 18 thence N.88°49'50" E. 630.00 feet; thence S.15°43'43" W. 396.97 feet; thence N.87°38'00" W. 130.00 feet; thence N.58°00100" W. 120.00 feet; thence S.88°49'50" W. 190.00 feet; thence N.18°18'30" W. 320.38 feet to the point of beginning containing 4.071 acres more or less. Tract B: A parcel of land situated in the NW1/4 of Section 18, Township 7 South, Range 87 West of the 6th Principal Meridian, Garfield County, Colorado and being more fully described as follows: Beginning at a point whence the NW corner of said Section 18 bears S.88°49150" W. 630.00 feet; thence N.88°49150" E. 658.44 feet; thence S.46°50143" 1W1. 394.68 feet; thence South 540.00 feet; thence S.88°46'49 W. 971.58 feet; thence N.02°03'24" W. 67.39 feet; thence S.89°25'51" E. 69.87 feet; thence N.00°34'09" E. 433.54 feet; thence N.88°49'50" E. 190.00 feet; thence S.58°00'00" E. 120.00 feet; thence S.87°38'00" E. 130.00 feet; thence N.15°43'43" E. 396.97 feet to the point of beginning containing 13.901 acres more or less; subject to County Road 103 as constructed and in place. Tract C: A parcel of land situated in the NW1/4 of Section 18, Township 7 South, Range 87 West of the 6th Principal Meridian, Garfield County, Colorado and being more fully described as follows: Beginning at a point whence the NW corner of said Section 18 bears S.88°49'50" W. 1288.44 feet; thence N.88°49'50" E. 155.00 feet; thence S.18°28'07" E. 451.02 feet; thence S.86°08'37" E. 337.79 feet; thence South 342.96 feet; thence S.88°46'49" W. 923.00 feet; thence North 540.00 feet; thence N.46°50'43" E. 394.68 feet to the point of begin- ning containing 11.999 acres more or less; subject to County Road 103 as constructed and, in place. Tract D: A parcel of land situated in the NW1/4 of Section 18, Township 7 South, Range 87 West of the 6th Principal Meridian, Garfield County, Colorado and being more fully described as follows: Beginning at a point whence the NW corner of said Section 18 bears S.88°49'50" W. 1443.44 feet; thence N.88°49'50" E. 480.00 feet; thence South 460.30 feet; thence N.86°08137" W. 337.79 feet; thence N.18°28'07" W. 451.02 feet to the point of beginning containing 4.153 acres more or BOOR 552 rAcE35' less. 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 the impact created is not large enough to proceed through the full subdivision review; 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 tracts "A", "B", "C", and "D" from the above described 34.13 acre tract is hereby exempted from such definitions and said tract may be into tracts "A", "B", "C", and "D", 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 agree- ment of the Petitioner that no further exemptions be allowed on said tracts "A", "B", "C", and "D", and that a copy of the instrument or instruments of, conveyance when recorded shall be filed with this Resolution. ATTEST: 1 •tL�-L Dephty Cl',erk' of the Boar] of Count Commissioners Garfield County, Colorado THE BOARD OF COUNTY COMMISSIONERS. OF GARFIELD COUNTY, COLORADO By: / 1 Chairman Upon motion duly made and seconded the foregoing Resolution vias adopted by the following vote: Richard C. Jolley Aye Flaven Cerise Aye Larry Velasquez Aye STATE OF COLORADO s Commissioners 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.