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Home My WebLink About3.0 Resolution 81-298STATE OF COLORADO County of Garfield At a regular } ss. Recorded of Reception No, held at the Court House in Glenwood Spring on October A. D. 19 3l , there were present: Larry Velasquez Flaven J. Cerise BOOK 582 PAGE947 /0/..? o'clock M.__JICT 71981 320026 MILDRED ALSDORF, RECORDER meeting of the Board of County Commissioners for Garfield County, Colorado, Monday , the 5th. day of Eugene "Jim" Drinkhouse Steven J. Zwick, Assistant' Cheryl J. Koss, 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. 81-298 A RESOLUTION ;:ONCERNED WITH GRANTING AN EXEMPTION FROM THE GARFIELD COUNTY SUBDIVISION REGULATIONS FOR JOHN. AND `BARBARA SNOBBLE . WHEREAS, John & Barbara Snobble 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 9.43 acre tract Described as fellows: That parcel of land as described in Document No. 243902 as filed'. in the Office of the Clerk and Recorder of Garfield County, Colorado. into 3 tracts.of approximately 2.,,00,.3:88, and 3.55 acres each, more or less, which proposed divided tracts are more particularly described as follows: Tract A: A tract of land situated in Lots it and 14 of Section 28, Township 7 South, Range 88 West of the 6th Principal.Meridian, Garfield County, Colorado, lying south- westerly of the centerline of the Crystal River and lying northeasterly of County Road No. 109 as constructed and in place, said tract of land being more.particularly described as follows: Beginning at a point in the northeasterly right-of-way fence of said County Road No. 109 whence the section corner common to Sections 28, 29, 32 and 33, Township 7 South, Range 88 West of the 6th Principal Meridian bears S 60°16'20" W 805.61 feet; thence N 73°06'27" E 504.53 feet to the centerline of the Crystal River; thence S 30°00'00"'E 177.00 feet along the centerline of said Crystal River; thence S 68°01'23"W 437.03 feet to a point in the northeasterly right-of-way fence of said County Road No. 109; thence N 31°49'48" W 170.74 feet along the northeasterly right-of-way of said County Road No. 109; -thence N 71°40'04" W 80..00.feet along the northeasterly right-of-way of said County Road No. 109 to the point of'beginning, containing 2.00 acres more or less. Tract B: A tract of land situated in Lot 11 of Section 28, Township 7 South, Range 88 West of the 6th Principal. Meridian, Garfield County, Colorado, lying southwesterly of the centerline of the Crystal River'and being more particularly described as follows: Beginning at a point in the northeasterly right-of-way fence of County Road No. 109 as constructed and in ,place whence the Section Corner common to Sections 28, 29, 32, and 33, Township 7 South,- Range -88 West of the 6th Principal Meridian bears S 60°16'20" W 805.61 feet; thence N 10°00'00"E 701.21 feet to the centerline of said Crystal River; thence S 48°40'22" E 142.12 feet along the centerline of said Crystal River; thence S 28°30'00"E 185.00 feet along the centerline of said Crystal River; thence S 30°00'00".E 332.00 feet along the centerline of said Crystal River; thence S 73°06'27" W 504.53 feet to the -point of beginning, containing 3.88 acres more or.less. Tract C: A tract of land situated in Lot 11 of Section 28, Township 7 South, Range '88 West of the 6th Principal Meridian,. Garfield County, Colorado, lying southwesterly of the centerline of the Crystal River and lying northeasterly of the northeasterly right- of-way_line of County Road No. 109 as constructed and.in place, said tract of land being more particularly described as follows: Beginning at a point in the northeasterly right-of-way fence of said County Road No. 109 whence the Section Corner common to Sections 28, 29, 32 and 33, Township 7 South, Range 88 West of the 6th Principal Meridian bears S 60°16'20" W 805.61feet; thence N 71°40'04" W 20.00 feet along the northeasterly right-of-way line of said County Road No. 109; thence N 58°24'32" W 134.49 feet along the northeasterly right-of-way line of said County.Road'No. 109 to a point in a fence as constructed and in place; thence N 00°34'23" E 831.06 feet along said fence to the centerline of the Crystal River; thence S 48°40'22" E 328.90 feet along the centerline of said Crystal River;, thence S 10°00'00" W 701.21 feet to the point of beginning, containing 3.55 acres more or less, (in the State of Colorado and County of Garfield); and BOOK 582 PAGE94S 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 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 purposesand 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" asset forth in C.R.S. 1973, 30-28-101 (10) (a) -(d), as amended; • NOW, TREREFORE, BE IT RESOLVED that the division of the above described tracts "A", "B", and "C" from the above described 9-,43 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 agree- ment 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. ATTEST: - Deputy Clerk /the�rd BOARD OF COUNTY COMMISSIONERS GARFIELD COUNTY, COTDRADO BY: Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: Larry Velasquez Aye Flaven J. Cerise Aye Eugene "Jim" Drinkhouse Aye STATE OF COLORADO County of Garfield ss 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.