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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.