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Home My WebLink About3.0 Resolution 81-162STATE OF COLORADO County of Garfield Ata regular ss. • "t 9 7/ c' -k M. Receitti3n No. 31521? ,MILDRE) ALSDORr, RECORDER meeting of the Board of County Commissioners for Garfield County, Colorado, " x 572 P ]E7S5 MAY 28 19B held at the Court House in Glenwood Springs on Tue .C3.ay the 2.6.t h day of May A. D. 19 81 , there were present: Larry Velasclt pz , Commissioner Chairman Flaven J. Ce -i? , Commissioner Eugene "Jim" Drink }QM.? , Commissioner Arthur A. Abplanal,pl Jr, County Attorney Cheryl J. Koss,, Deputy , Clerk of the Board when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 81-16.2 A RESOLUTION CONCERNED WITH AMENDING RESOLUTION NO. 81-105 FOR STEPHEN SMILACK. WHEREAS, Stephen Smilack has petitioned the Board of County Commissioners of Garfield County, Colorado, for an exemption from the definition of the terms "subdiv- ision" 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 16 acre tract described as follows: In Documents 1/ 231840 amd it 240816 filed in the Office of Clerk and Recorder of Garfield County, Colorado into 3 tracts of approximately 3.75, 3.76 and 7.47 acres each, more or less, which proposed divided tracts are more part- icularly described as follows: Tract A: A tract of land situated in Lot 10 of Section 13, Township 7 South, Range 88 West of the Sixth Principal Meridian, Garfield County, Colorado and more fully described as follows: Beginning at a point on the South line of Lot 10 from which the Southeast corner of said Lot 10 bears N.89°47'32" E. 708.33 feet; and the South z; corner of Section 13, Township 7 South, Range 88 West, of the Sixth Principal Meridian, a brass cap in place, bears S.00°27'54" E. 1324.03 feet from said Southeast cor- ner of Lot 10; thence S.89°47'32" W. 299.14 feet; thence N.00°06'19" W. 170.55 feet; thence N.25°34'08" W. 29.45 feet; thence N.03°21'33"E. 403.91 feet; thence S.67'55'44" E. 311.30 feet; thence S.00°00'00" E. 482.27 feet to the point of beginning and containing 3.75 acres more or less. Also a 30.00 foot easement lying Northwesterly and parallel to the following described line; beginning at the Northeasterly corner of the above described tract; thence N.00° W. 85.00 feet; thence N.14°18'45" W. 265.00 feet; thence N.39°09'54" E. 74.96 feet; thence N. 48°51'05" E. 333.72 feet to the westerly right-of-way of an existing county road. Tract B: A tract of land situated in Lot 10 of Section 13, Township 7 South, Range 88 West of the Sixth Principal Meridian, Garfield County, Colorado and more fully described as follows: Beginning on the westerly right-of-way of an existing county road from which the Southeast corner of said Lot 10 bears S.00°54'50" W. 1100.65 feet, and N. 89°47'32" E. 62.60 feet; and the South '-L corner of Section 13, Township 7 South, Range 88 West, of the Sixth P.S., a brass cap in place, bears S.00°27154" E. 1324.03 feet from said Southeast corner of Lot 10; thence S.48°51'05" W. 333.72 feet; thence S.39009'54" W. 74.96 feet; thence S.14°18'45" W. 265.00 feet; thence S.00°00'00" W. 85.00 feet; thence N.67°55144" W. 311.30 feet; thence N. 03°21'33" E. 250.00 feet; thence N.63°11'24" E. 716.07 feet to the westerly right-of-way of said county road; thence alongsaid westerly right-of-way S. 00°54'50" W. 70.00 feet to the point of beginning and containing 3.76 acres more or less. Also the following described easement is granted over and across said tract: a 30.00 foot easement lying Northwesterly and parallel to the following described line: beginning at the Southeasterly corner of Ehe above described tract; thence N.00°00'00" W. 85.00 feet; thence N.14°18'45" W. 265.00 feet; thence N. 39°09'54" E. 74.96 feet; thence N.48°51'05' E. 333.72 feet to the westerly right- of-way of an existing county road. i30, K 572 P'GE}786 Tract C: A tract of land situated in Lot 10 of Section 13, Township 7 South, Range 88 West of the 6th Princinal Meridian, Garfield County, Colorado and more fully described as follows: Beginning at a point of the South line of said Lot 10 from which the Southeast corner of said Lot 10 bears N.89°47'32" E. 62.60 feet; and the South 1; corner of Section 13, Township 7 South, Range 88 West of the Sixth Principal Meridian, a brass cap in place bears S. 00°27'54" E. 1324.03 feet from said Southeast corner of Lot 10; thence along the South line of said Lot 10, S. 89°47'32" W. 346.59 feet, thence N.00°00'00" W. 567.27 feet; thence N.14°18'45" E. 265.00 feet; thence N. 39°09'54" E. 74,96 feet; thence N.48°51'05" E. 333.72 feet to the westerly right-of-way of an existing county road; thence along said westerly right-of-way S.00°54'50" W. 1100.65 feet to the point of beginning and containing 7.47 acres more of less, 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 Stat- utes 1973, as amended, for the reason that the impact created does not warrant further subdivision review. WHEREAS, the Petitioner has demonstrated to the satisfaction of the Board of County Commissioners of Garfield County, Colorado, that there is a reasonable prob- ability 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 per- mitted 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", and "C" from the above described 16 acre tract is hereby exempted from such definitions and said tract may be divided into tracts "A", "B", and "C", 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 tracts "A", "B", and "C", and that a copy of the instrument or instruments of con- veyance when recorded shall be filed with this Resolution. ATTEST: ), 7 -0-<:") Deputy Clerjc' of the/Board of County Commissioners Garfield County, Colorado BOARD OF COUNTY COMMISSIONERS GARFIELDCOUNTY, COLORADO BY: Ct it Ott i t Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: Larry Velasquez Flaven J. Cerise Eugene "Jim" Drinkhouse STATE OF COLORADO ss County of Garfield Aye Aye Aye 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.