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HomeMy WebLinkAbout2.0 Resolution 82-79STATE OF COLORADO County of Garfield At a Regu14W meeting of the Board of County Commissioners for Garfield County, Colorado, held at the Court House in Glenwood Springs on MQXI.day , the 5th day of April A. D. 19 82 , there were present: Flaven J. Cerise SS. leorded at &Jill( 59E; I' cES91- �; �a o'clock o M. APR 8 1982 , Reception No. 3265G6 MILDRED ALSDORF, RECORDER Eugene Drinkhoi.se Larry Velasquez Earl Rhodes Leanne Cleland 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. 82-79 A RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE GARFIELD COUNTY SUBDIVISION REGULATIONS FOR RAYMOND AND DONNA BALDWIN. WHEREAS, Raymond and Donna Baldwin 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 2.02.01 (d) and 3.'02.01 for the division of a 20 acre tract described as follows: that parcel of land as described in Document No. 278918 as filed in the Office of the Clerk and Recorder of Garfield County, Colorado into 2 tracts of approximately 14.86 and 5.14 acres each, more or less, which proposed divided tracts are more particularly described as follows: TRACT A: A parcel of land situated in Lots 1 and 2, Section 20, and in the NEaNE14, Section 19, all in Township 7 South, Range 88 West of the Sixth -Principal Meridian, lying Westerly of the Denver and Rio Grande Western Railroad and Easterly of the center- line of the Roaring Fork River, described as follows: Beginning at the Southwest Corner of said Lot 1, being the same as the Northwest Corner of Lot 4 of said Section 20; thence East 144.94 feet; thence N.05°53'00"E. 42.40 feet; thence N.34°28'00"W. 72.40 feet to the true point of beginning; thence West 682.25 feet to a point in the center of the Roaring Fork River; thence N.48°00'00"W. 136.10 feet along the centerline of said River; thence N.64°45'00"W. 315.00 feet along the centerline of said River; thence N.54°54'00"E. 1136.17 feet to a point on the Westerly right-of-way line of the Denver and Rio Grande Western Railroad; thence S.35°06'00"E. 801.50 feet along said Railroad; thence West 303.52 feet to a point on the Easterly line of the Glenwood, Ditch; thence S.04°47'00"W. 223.72 along the Easterly line of the Glenwood Ditch to the true point of beginning, containing 14.36 acres, more or less. TRACT B: A parcel of land situated in Lots 1 and 2, Section 20, described as follows: Beginning at the Southwest Corner of said Lot 1, being the same as the Northwest Corner of Lot 4 of said Section 20; thence South 460.00 feet along the Westerly line of said Lot 4 to the Southeast Corner of said Lot 2.; thence West 250.00 feet to a point in the center of the Roaring Fork River; thence N.21°30'00"W. 450.00 feet along the centerline of said River; thence N.48°00'00"W. 213.90 feet along the centerline of said River; thence East 682.25 feet to a point on the Easterly line of the Glenwood Ditch; thence S.34°28'00"E. 72.40 feet along the Easterly line of the Glenwood Ditch; thence S.05°53'00"W. 42.40 feet along the Easterly line of the Glenwood Ditch; thence West 144.94 feet to the point of beginning. The above parcel of land contains 5.14 acres, more or less. (in the State of Colorado and County of Garfield); and 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 BOK 596 ?,!rE892 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 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 "subdilTision" 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" and "B" from the above described 20 acre tract is hereby exempted from such definitions. and said tract may be divided into tracts "A" and "B", all as is more fully described above, and said divided trace: 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 tracts "A" and "B" and that a copy of the instru- ment or instruments of conveyance when recorded shall be filed with this Resolittion." ATTEST: BOARD OF COUNTY COMMISSIONERS GARFIELD COUNTY, COLORADO p.ty Clerk of the Board C airman Upon motion duly m -de and seconded the foregoing Resolution was adopted by the following vote: Aye Eugene Drinkb,Qu Aye Larry Vel asq,uez Aye Commissioners STATE OF COLORADO County of Garfield I, , County Clerk and ex -officio Clerk of the Board of County Commissioners in and :or 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.