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HomeMy WebLinkAbout4.0 Resolution 83-301Recorded at 8. il_ Reception No c; 45 1j MILDRED AISDORF, RECORDER;.:. o'clock A M. SEP 20 19p1 BOK . €35 P.AGE8 STATEOFCOLORADO .;) :.) ss. ': County,, of -Garfield.:. ) At a . regular. : meeting of;; the:.Board `of County Commissioners for ' Garfield, `Colorado,:;., held at the Coinmiss inners Glenwood Springs on Monday , "the :19th day of September • 19 83 , there were present:. Annex `in Eugene "Jim" Drinkhouse Larry Velasquez Flaven J. Cerise Earl: Rhodes Mildred Alsdorf ,'Commissioner Chairman- -,, Commissioner Commissioner County - At:tor ney Clerk of.the Board when the followin g proceedings, among others were had and done, RESOLUTION NO 83-301 ri RESOLUTION CONCERNEDWITHGRANTING.AN..EXEMPTION. FROM .'THE `GARFIELD COUNTY... SUBDIVISION` REGULATIONS.. FOR' .Ruth;:R. Stirling. ..WHEREAS, Ruth R. Stirling 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, Section 2.:02 2.1(d) for` the division of a' 40 acre tract described as follows: NE 1/4,_ 'NGS 1/4 of Section .29, Township 7 South, ,Range 87 West of the 6th Principal Meridian, Garfield County, Colorado; into -2 tracts approximately 20 acres each, more or less, which proposed divided, tracts are more particularly described as follows. TRACT A: w 1/2, NE 1/4, Nw 1/4 of Section 29, Township 7 South, Range 87', West of the 6th Principal Meridian, Garfield County,:: Coiorado. :TRACT -B: E 1/2, NE 1/44".NW .1/4 of Section 29", Township 7 South:," Range .87 West of the 6th Principal, Meridian`, Garfield County, Colorado;: 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. a973,. at amendedr for the.:'re.ason that said petitioner has owned the above: described: parcel for'tore than five:.(5) years-, and WHEREAS, the Petitioner -has demonstrated to the' satisfaction of : the Board of County Commissioners of GarfieldCounty", Colorado, that there is a reasonable probability of locating domestic water on each of said tracts: and 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 theCounty of Garfield, and should, therefore, be exempted from the definition.of "the terms "subdivision" and "subdivided land" at 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 described .40 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 b.e conveyed in form of 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 BOOK . 635 PAGE or instruments of"conveyance when :recorded shall .be filed with this Resolution. Dated ' this 19th day of ' September ATTEST: _P Clerk of theBoa A.D. 1983 GARFIELD COUNTY BpARD) OF COMMISSIONERS GARFIELD COUNTY,//COLORAD Upon motion duly made and seconded the foregoing Resolution was adopted. by the following vote: Eugene "Jim" Drinkhouse Aye _Larry ` Velasquez Aye Flaven J. Cerise Aye STATE OF COLORADO County of Garfield 1, 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 f the Board of County Commissioners County Clerk and ex -officio Clerk