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HomeMy WebLinkAbout3.0 Resolution 82-324STATE OF COLORADO County of Garfield At a ss. regular Recor!i=r 01 Reception No. held at the Court House in Glenwood Springs on Decemi?er A. D. 19 82 , there were present: Flaven J. Cerise nig 615 PA,GE872 o'ciock___nn._ DEC 29 19$? 43 NtiLDRED ALSDORF, RECORDER meeting of the Board of County Commissioners for Garfield County, Colorado, Monday , the 27th day of Eugene "Jim" Drinkhouse Larry Velasquez' Earl Rhodes Mildred Alsdorf , Commissioner Chairman , Commissioner , Commissioner , County Attorney , Clerk of the Board when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 82-3244 A RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE GARFIELD COUNTY SUBDIVISION REGULATIONS FOR JAMES H. STEPHENS. WHEREAS, James H. Stephens has petitionpu 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 138 acre tract described as follows: That parcel of land as described in Document No. 328537 as filed in the Office of the Clerk and Recorder of Garfield County, Colorado, into 2 tracts of approximately 7 and 131 acres each, more or less, which proposed divided tracts are more particularly described as follows: TRACT:A: A. parcel of land located in the Southeast One -Quarter of the Southwest One -Quarter (SE4 SW1) of Section 14, Township 3 South, Range 87 West of the Sixth Principal Meridian, according to the Independent Resurveyed portion of said township and range as accepted by the Department of the Interior, General Land Office in Washington, D.C. on August 21, 1933. Said parcel being more particularly described as follows: Beginning at the Northwest corner of said parcel, being the Northeast corner of the Southwest One -Quarter of the Southwest One -Quarter of said Section 14, whence the Southwest corner of said Section 14, being a brass cap, bears South 46°07'36"West, 1860.79 feet; thence South 89°18'32"East, 495.64 feet on the North boundary of the Southeast One -Quarter of the Southwest One -Quarter of said Section 14; thence South 01°57'51"West, 468.32 feet; thence South 46°13'03"West, 208.93 feet; thence North 56°49'14"West, 11.00 feet to a point on the northerly boundary of an access road; thence along the northerly boundary of said access road 91.67 feet on the arc of a curve to the right having a radius of 155.06 feet, central angle of 33°52'18", a chord bearing of South 70°28'07"West, a distance of 90.34 feet; thence continuing along the northerly boundary of said access road South 87°24'16"West, 78.18 feet; thence continuing along said northerly boundary of said access road 89.64 feet on the arc of a curve to the left having a radius of 70.80 feet, central angle of 72°32'45", a chord bearing of South 51°07'54"West, a distance of 83.78 feet; thence continuing along the northerly boundary of said access road South 14°51'32"West, 87.88 feet: thence continuing along the northerly boundary of said access road 30.38 feet on the arc of a curve to the right having a radius of 57.18 feet, central angle of 30°26'41", chord bearing of South 30°04'48" West, a distance of 30.03 feet; thence continuing along the northerly boundary of said access road South 45°18'00"West, 36.65 feet; thence continuing along the northerly boundary of said access road 26.25 feet on the arc of a curve to the right h4ving a radius of 22.14 feet, central angle of 67°55'44", chord bearing of South 79°15'52"West, a distance of 24.74 feet to a point on the West boundary of the Southeast One -Quarter of the Southwest One -Quarter of said Section 14; thence North 00°12'39"West, 840.20 feet on the West boundary of the Southeast One -Quarter of the Southwest One -Quarter of said Section 14 to the point of beginning. Said parcel of land contains 7.108 acres, more or less. TRACT B: The remaining approximately 131 acres. (in the State of Colorado and County of Garfield); and WHEREAS, the Petitioner has demonstrated to the satisfaction of the Board of County Commissioners of Garfield County, Colorado, that the proposed division does NOOK 613 ?M E8 not fall within -the purposes of Part 1, Article 28, Title 30, Colorado Revised Statutes 1973, as amended, for the reason that the property split is solely for the purposes of adjusting property boundaries and no new lots are created by this action; 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's 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 138 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 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 Petitioner that no further exemptions be allowed on said tract "A" and that a copy of the instrument or instruments of conveyance when recorded shall be filed with this Resolution, and further, that this request is solely for the purposes of adjusting property boundaries and no new lots are created by this action. ATTEST: BOARD OF COUNTY COMMISSIONERS GARFIELD COUNTY, COLORADO `� /, ;l .1,646 L (11-2-4--/ ___ �!G %c`r'y..- r.--7--(-----c-1-7,::-S-1--C. Clerk of the Board 4 Chairman /j/ G ,f Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: Aye Aye Aye STATE OF COLORADO County of Garfield Commissioners 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 County Clerk and ex -officio Clerk of the Board of County Commissioners.