HomeMy WebLinkAbout2.0 Resolution 80-17of n, FEB 519E;0
z7't:COx cC1 t: :, � ''J' U _
1.x.6_•
Recepticl 'ie: ._ ?tsI.1C?red rlsdorf, Recorder
1301)1.(...
•43 PA0E243
STATE OF COLORADO
ss.
County of Garfield
At a regular meeting of the Board of County Commissioners for Garfield County, Colorado,
held at the Court House in Glenwood Springs on M°.n ay , the 4t.b day of
Febr..uary A. D. 19 ..8D , there were present:
Flaven Cerise , Commissioner Chairman
Commissioner
Larry Velasquez Commissioner
Arthur A. Abp] anal pa Jr. , County Attorney
Nancy Spri ck Pape, Deputy , Clerk of the Board
when the following proceedings, among others were had and done, to -wit:
RESOLUTION NO. 80-17
RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE GARFIELD COUNTY SUBDIVISION'
REGULATIONS.
WHEREAS, Patrick Hayes 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 39.0 acre
tract described as follows: that parcel of land as described in Book 521 at Page 445
as filed in the Office of the Clerk and Recorder of Garfield County, Colorado into
3 tracts of approximately 3.01, 36.2 and 0.22 acres each, more or less, which proposed
divided tracts are more particularly described as follows:
Tract A: A parcel of land situated in Lot 3 of Section 4, Township 6 South,
Range 91 West of the Sixth Principal Meridian, Garfield County, Colorado, lying
Easterly of a fence as now constructed and in place, Easterly of the Westerly line
of said Lot 3 and Northerly of the Northerly right-of-way line of County Road No. 214,
said parcel of land is more fully described as follows:
Beginning at the intersection of said right-of-way line and said fence line, whence
the Southwest Corner of said Lot 3 bears: 5.24°26'52"W. 50.29 feet; thence N.00°37'47"
E. 371.25 feet along said fence line; thence WEST 29.78 feet to a point on said Westerly
lot line; thence N.00°40'11"W. 250.78 feet along said lot line; thence S.44°00'00"E.
424.78 feet, more or less along the crest of a small ridge; thence SOUTH 356.98 feet
to a point on said right-of-way line, said point also being a point on the Southerly
line of said Lot 3; thence, along said right-of-way line, N.78°45'00"W. 149.69 feet;
thence 115.51 feet along the arc of a curve to the left, having a radius of 590.933
feet, the chord of which bears: N.84°21'00"W. 115.33 feet; thence N.89°57'10"W.
4.86 feet to the point of beginning, containing 3.01 acres, more or less.
Tract B: A parcel of land situated in Lot 3, of Section 4, Township 6 South,
Range 91 West of the Sixth Principal Meridian, Garfield County, Colorado, lying
Westerly of a fence as constructed and in place, and Northerly of the Northerly
right-of-way line of County Road 214, said parcel of land is more fully described as
follows:
Beginning at the intersection of the West line of said Lot 3 with said right-of-way
line; whence the Southwest Corner, of said Lot 3 hears: S.00°40'11"E. 45.80 feet;
thence N.00°40'11"W. 371.23 feet along said West line; thence EAST 29.78 feet to a
point in said fence; thence S.00°37'47"W. along said fence 371.25 feet to a point
on said right-of-way line; thence N.89°57'00"W. along said right-of-way line, 21.35
feet to the point of beginning, containing 0.22 acres, more or less.
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 0.22 acre tract is to clear up
property lines and the 3.01 acre tract does not create a large enough impact to
proceed through the full 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 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;
NOW, THEREFORE, BE IT RESOLVED that the division of the above described
tracts "A" and "B" from the above described 39.0 acre tract is hereby exempted from
such definitions and said tract may be divided into tracts "A" and "B", all as is
BODK S.4%i ; 2AGEA
more fully described above, and said divided tract may be conveyed .i n 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 Petitioner' that ;<
no further exemptions be allowed on said tracts "A" and "B", and that a copy of
the instrument or instruments of conveyance when recorded shall be filed with this
Resolution'
,dopted the. 4th day .of February
TTEsT .
Deity C >�k of the B•c$ d
of Count Commissioners
. Garfield County, Colorado
A.D. 1980.
THE BOARD OF COUNTY COMMISSIONERS
OF GARFIELD COUNTY, COLORADO
Upon motion duly., made and seconded the foregoing Resolution was adopted by the following'. vote:
Flaven..:Cerise Aye
Larr .....i1e1:a.squez Aye
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 Stateaforesaid 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.