HomeMy WebLinkAbout2.0 Resolution 80-941ecorcket ct _54-42Y o'c{o k P M. MAY 2 8 1980
Reception tea. 3Q424 MILDRED ALSDORF, RECORDER
STATE OF COLORADO
County of Garfield
BOOK
549 :FAG 248
At a regular meeting of the Board of County Commissioners for Garfield County, Colorado,
held at the Court House in Glenwood Springs on Tuesday the 27th day. of _..
MAY A. D. 19 8 0, there were present:
Richard C . Jolley , Commissioner Chairman
Flaven Cerise , Commissioner
Larry Velasquez , Commissioner
Arthur A. Abplanalp f Jr. County Attorney
Nancy Sprick Page, Deput Jerk of the Board
when the following proceedings, among others were had and done, to -wit:
RESOLUTION NO. 80-94
RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE GARFIELD COUNTY
SUBDIVISION REGULATIONS FOR B. J. AND ZILLI AKINS
WHEREAS, B. J. & Zilli Akins have petitioned the Board of County Commissioners
of Garfield County, Colorado, for an exemption from theOdefinition 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 4.18
acre tract described as follows: that parcel of land as described in Document
No. 217788 as filed in the Office of the Clerk and Recorder of Garfield County,
Colorado into 2 tracts of approximately 0.26 and 3.92 acres each, more or less,
which proposed divided tract is more particularly described as follows:
Tract A: A parcel of land situated in Government Lots 9 and 18,
Section 1, Township 7 South, Range 89 West of the Sixth Principal
Meridian, in the County of Garfield, State of Colorado, lying
southwesterly of the southwesterly right-of-way line of old
State Highway No. 82, southwesterly of the southwesterly right-
of-way line of the Denver and Rio Grande Western railroad
and westerly of the easterly line of said Lot 18, being more
particularly described as follows:
Commencing at the True Position of the Northeast Corner of
said Lot 18 (also being the Northwest Corner of Government
Lot 36); whence the witness corner for said Northeast Corner
being a brass cap found in place and marked L.S. 10732 bears
N.01°14'00"E. 10.00 feet; thence along the easterly line of
said Lot 18, S.01°14'00"W. 146.74 feet, to a point on the
southwesterly right-of-way line of said railroad, the True Point
of Beginning; thence continuing along the easterly line of said
Lot 18 S.01°14'00"W. 105.32 feet; thence leaving said easterly
line along the arc of a curve to the left, having a radius of
1760.08 feet and a central angle of 11°24'58" a distance of
350.70 feet, (chord bears N.31°19'05"W. 350.12 feet); to a point
on the southwesterly right-of-way line of said Highway; thence
along said highway right-of-way S.53°23'00"E. 155.63 feet,
to a point on said southwesterly right-of-way line of said rail-
road; thence along said railroad right-of-way along the arc
of a curve to the right, having a radius of 1810.08 feet and
a central angle of 03°42'29" a distance of 117.14 feet,
(chord bears S.30°26'24"E. 117.12 feet), to the True Point
of Beginning, said parcel contains 0.26 acres, more or less.
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 no new parcel
of land is created but will be obtained to straighten out property boundaries, and
WHEREAS, the Petitioners have demonstrated to the satisfaction of the Board
of County Commissioners of Garfld County, Colorado, that there is a reasonable
probability of locating domestic ...ter 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;
_that_..h division
NOW, THEREFORE, BE LT RESOLVED :the of the above described. • _
tract "A" from the above described 4.18 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 Petitioners that no further
exemptions be allowed on said tract "A", and that a copy of the instrument or
instruments of conveyance when recordedshall be filed with this Resolution.
`ADOPTED` the
ATTEST:
tL, (", ,ti L;
27i-hday".of may . ,. A.D. 1980.
De uty er of the o rd_
of Coun 'y Commissioners
Garfield County, Colorado
THE BOARD OF COUNTY COMMISSIONERS,
OF GARFIELD COUNTY, COLORADO
Upon motiondulymade... and seconded the foregoing Resolution was adopted by the following vote:
Richard C . - Jolley Aye
;:..:.... Flaven Cerise
Aye
Larry Velasquez Aye
Commissioners
STATE OF COLORADO
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,
day of ; A. D. 19
County Clerk and ex -officio Clerk of the Board of County Commissioners.