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HomeMy WebLinkAbout3.0 Resolution 81-317Recorded at Reception No. STATE OF COLORADO County of Garfield v 3y o'clock C M: OCT 151981 8202 2 /MLDRED ALSDORF, RECORDER ss. 58'8 Pt.E4.06 regular At a meeting of the Board of County Commissioners for Garfield County, Colorado, held at the Court House in Glenwood Springs on Tuesday r the 13th day of October A. D. 19.8.1 , there were present: Larry Velasquez . Eugene "Jim" Drinkhouse Cheryl J. Koss, Deputy when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. , Commissioner Chairman Commissioner Commissioner County Attorney , Clerk of the Board 81-317 A RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE GARFIELD COUNTY SUBDIVISION REGULATIONS FOR BURDETTE AND DESSIE STONE. WHEREAS, Burdette and Dessie Stone have petitioned the Board of County Commissioners of Garfield County, Colorado, for an exemption from the definition ofthe terms "subdivisions" 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 13 acre tract described as follows: That parcel of, land as described in Document No. 175821 as recorded in the Office of the Clerk and Recorder of Garfield County, Colorado into 3 tracts of approximately 7,65, 4.04, and 3.03 acres each, more or less, which proposed divided tracts are more particularly discribed as follows: Tract: A: A tract of land in the S.E.4 of the S.W. of Section 35; T.5 S., R.92 W. of the 6th Principal Meridian in Garfield County, Colorado, and being also part -of that property described in Reception No. 175821, in the Garfield County Recorder's Office; and being more particularly described as follows: Beginning at a point on the Northerlyright-of-way line of County Road No. 233, from which the S.W. Corner of said Section 35 bears S.00°09'34"E. 30.00 feet and S.89°53'00"W 1026.63 feet; thence N.00°09'34"W. a distance of 280.00 feet; thence N.89°53'37"E. a distance of 100.00 feet; thence N.00°09'34"W. a distance of 350.98 feet: thence N.89°53'37"E. a distance of 199.08 feet; thence N.00°08'39"W, a distance of 208.21 feet to a point on the centerline of the Silt Pump Canal; the following 6 courses follow the centerline of the said Silt Pump Canal; S.86°47'46"E. 57.26 feet; S.86°47'30"E. 89.68 feet; 5.39°35'59"E. 45.49 feet; 5.13°10.01"E. 121.44 feet; S.19°44.40"E. 41.94 feet; S.46°22'35"E. 9.84 feet; thence S.00°07'17"E. a distance of 630.90 feet to a point on the Northerly right-of-way line of said County Road No. 233; thence S.89°53'00"W, and along said,Northerly right-of-way line a distance of 522.73 feet more or less to the Point of Beginning. • Tract B: A tract of land in the S.W.4 of the S.E.4 of the S.W. k of Section 35, T.5 S., R.92 W. of the 6th Principal Meridian, and a part of that property described in Reception No. 243041 in the Garfield County Recorder's Office, and being more particularly described as follows: Beginning at a point from which the the S.W. Corner of said Section 35 bears 5.00°07'17"E. 330.45 feet and S.89°53'00"W. 1549.06 feet; thence N.00°07.17"W. a distance of 330.45 . feet to a point on the centerline of the Silt Pump Canal; thence N.89°53'37"E. a dis- tance 248.87 feet; to a point on the centerline of the Silt Pump Canal; thence N.53°56'20"E. and along the centerline of the said Silt Pump Canal a distance of 28.85 feet; thence N.28°04'12"E. and. continuing along said centerline a -distance of 197.48 feet; thence N.22°24'30"E. and continuing along said centerline a distance of 193.73 feet.to a point on the East line of the N.T,'.k of the S.E.k of the S.W. of Section 35; thence S.00°04'30:E. and along the Easterly line of said N.W ✓ of the S.E. of the S.W.% of Section 35 a distance of 369.98 feet; thence S.00°04'30"E. and along the Easterly. line of the S.14.1/4 of the S.E.% of the S.W.a of Section 35 a distance of 330.41 feet; thence S.89°53'19"W. a distance of 439.17 feet more or less to the Point of Beginning. ✓i21„ 58,7 ?M E4O Tract C: A tract of land in the S.W.14 of the S.E.4 of the S.W.% of Section 35, T.5 S., R.92 W. of the 6th Principal Meridian in the Garfield County, Colorado and being more particularly described as follows: Beginning at a point on the Northerly right-of-way line of County Road No. 233, from which the S.W. Corner of said Section 35 bears S.00°07'17"E. 30.00 feet and S.89°53'00"W. 1549.06 feet' thence N.00°07'17"W. a distance of 300.45 feet; thence N.89°53'19"E. a distance of 439.17 feet to a point on the Easterly line of the said S.W.4 of the S.E 4 of the S:W.4 of Section 35; thence S.00°04'30"E. and along said. Easterly line a distance of 300.41 feet to a point on the said Northerly right-of- way line of County Road No. 233; thence S.89°53'00"W..and along said Norther•,y right-of-way line a distanco of 438.93• feet more or less to the Point of Beginning. WHEREAS, Cie Petiticners have demonstrated to the satisfaction of the Board Jf 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 Petetitioners 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 "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", "B", and "C" from the above described 13 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 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", "B", and "C", and that a copy of the instrument or instruments of conveyance when recorded shall be filed with this Resolution. ATTEST: Upon motion dulymade and seconded the foregoing Resolution arry Velasquez Eugene "Jim" Drinkhouse By: BOARD OF COUNTY. COMMISSIONERS G IELD COUNTY, COLORADO Chairm was adopted by the following vote: Aye 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 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 zny 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. '