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HomeMy WebLinkAbout5.0 Resolution 84-20•ttecorded at A fV Reception No 4 iVII&,LU AU.D.JRF, RECORDER 3493K2... GAFSFIELD COUNTY, COLORADO. FEB011984 BOOM 643 rAnE485 STATE. OF. COLORADO ) )ss County of Garfield ) At a regular meeting of the Board of County Commissioners for Garfield, Colorado, held at. the Commissioners' Annex in Glenwood , Springs on Monday. , the - 30th day of January 19 8.4. there were present: when Larry Velasquez Flaxen -J. Cerise Eugene : "Jim" Drinkhouse , Commissioner Chairman , Commissioner Commissioner - Earl . Rhodes' Mildred Alsdorf the following proceedings, A.D. , County Attorney , Clerk of the Board among others were had and done, to -wit: RESOLUTION NO. .84-20 A RESOLUTION GRANTING AN EXEMPTION FROM THE GARFIELD COUNTY SUBDIVISION REGULATIONS FOR PAUL AMICHAUX. WHEREAS,Paul Amichaux 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 1.417 acre tract described as follows: NE 1/4 NW 1/4 Section 6, Township 6 South Range 89 West .of the 6th Principal Meridian into 3 -tracts of approximately 0.204, 0.464 and 0.749 acres each, more .or:. less, which proposed divided tracts are more particularly described as follows; TRACT A: A parcelof land located in Lot 4, Section 6, Township 6 South, Range 89 West of the 6th Principal Meridian, lying Southeasterly of County Road No 132, Northerly of Interstated I-70 (Frontage Road) and Westerly of the Westerly boundary lines of those parcels as conveyed by Document No. 273167 in Book 486 at page 12 and Do..ument No. 210979 in Book 330 at page 7, less right-of-way dedicated to Garfield County for County Road No. 132 and Tracts B and C described below. TRACT B A parcel -.of land situated in,Lo.t:4, Section 6 of Township 6 South,. Range 89 Westof the .6th:Principal Meridian, more particularly described. as follows Beginning: ata.: point whence the southwest corner of Section 34, Township 5 South, Range 89 West of the 6th Principal Meridian bears N 05°04'24" W 1348.29 feet with all bearings contained herein being relative to a bearing of N 89°50'00"E on the south line of said Section 34; thence S 01°31'47"E 148.68 feet to a point that intersects the northerly right-of-way of Interstate 70 frontage road; thence along said right -Of -way S:74°57'30"W 71.98 feet; thence leaving said right-of-way N 01°31'47"W.:105.19 feet; thence N "47°43'03"E 92.39 feet to the point of beginning - Said -parcel of land contains 0:204 acres more or less. BOOK 643 FACE486 TRACT C: A parcel of land situated in lot 4, Section 6 of Township 6 South, Range.89 West of the 6th Principal Meridian, more particularly described as follows: Beginningat a point whence the southwest corner of Section 34, Township 5 -South, Rarige 89 West of the 6th Principal:Merdian bears N -02°04'11"W 1416.:08 feet with -all bearing3'contained herein being relative to a bearing of N89°5.0'00"E on thes'outh line: of said Section 34;:thence S 01°31 '47'E,95.19 feet to a::point that' intersects the northerly right-of-way of Interstate 70 frontage road, thence.along said right-of-way S 74°.57'30" W 183.77 feet`to a point that intersects the southeasterly right-of=way of County Road #132, thence along said county road right -.of -way 105.65 along the arc of a'142.44`foot:radius circular curve to the right which arc subtends..a chord bearing Of -N 16°28'01"'E 103.25; thence continuing along said right-of-way N 37°43'00', E 100.98 feet; thence leaving said right -of --way S 66°45'.11"E:91.31 feet to the point of beginning. Said -parcel of land contains -0.4.64 acres more or less. (in tr.e State of Color. ado and the County of . Garfield)1 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 Statutes 1973, as amended, for the reason that the. impact created does not warrant further 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 sewage disposal can be provided by the West Glenwood Sanitation District, 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, 3.0-28-1Oi (10) (a)-(d),-as_amended NOW, THEREFORE, BE`IT RESOLVED that the division of the above described tracts "4".,'"3" and "C" from the above 1.417 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 subivision statues 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 "B" and "C.". and that: a copy of the instrument or instruments of conveyance when recorded shall be f led with this: Resolution. i Dated this r day of ,.1i -4c2 ► A . D-. i9��- . ATTEST: Cler4C of the Board GARFIELD COUNTY BOARD OF COMMISSIONERS GARFIELp COUNTY, COLORADO 000K 643 PAGE4S7 Upon.motion duly made and seconded the foregoing Resolution was adopted by the; following -vote: Larry Velasquez Flaxen J. Cerise Eugene "Jim" Drinkhouse` STATE -OF -COLORADO County of Garfield Aye Aye Aye 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 of the: Board of County Commissioners. County Clerk and ex -officio Clerk