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HomeMy WebLinkAbout2.0 Resolution 81-198STATE OF COLORADO County of Garfield BOOK 575 PAGE i 4S Recorded at 1M o'clock p M. JUN 3 0 1981 Rece{rtian No. 311...64163 MILDRED ALSDORF, RECORDER At a ,r.e.gula.r meeting of the Board of County Commissioners for Garfield County, Colorado, held at the Court House in Glenwood Springs on Monday , the....2.9.th day of Jude A. D. 19.81 , there were present: Larry Velasquez Flaven J. Cerise Eugene "Jim" Drinkhouse Arthur A. Abplanalp, Jr. Cheryl J. Koss, Deputy , Commissioner Chairman , Commissioner , Commissioner , County Attorney , Clerk of the Board when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 81-198 RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE GARFIELD COUNTY SUBDIVISION REGULATIONS FOR ALEX C. UROUHART. WHEREAS, Alex C. Urquhart 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 92 acre tract described as follows: That parcel of land as described in Document No. 192730 as filed in the Office of the Clerk and Recorder of Garfield County, Colorado into 3 tracts of approximately 31.7, 20, and remaining 40 acres each, more or less, which proposed divided tracts are more particularly described as follows: Tract A: A parcel of land situated in the Southwest One -Quarter c,+ tie Northeast One -Quarter (SANE%) of Section 11, Township 6 South, Range 93 West of the 6th P.M., more particularly described as follows: Beginning at the East Quarter Corner of said Section 11; a sandstone found in place; thence North 89°43'19" West 2635.27 feet along the southLY-1y line of the Northeast One -Quarter of Section 11 to the true point of beginning; thence North 00°27'51" East 1317.81 feet along the westerly line of the Southwest One -Quarter of the North- east One -Quarter (SW4NE4) of Section 11; thence South 89°47'15" East 1045.29 feet along the northerly line of the Southwest One -Quarter of the Northeast One -Quarter (SW4NE4) of Section 11; thence 00°21'43" West 1319.00 feet and parallel to the easterly line of the Southwest One -Quarter of the Northeast One -Quarter (SW4NE4) of Section 11; thence North 89°43'19" West 1047.64 feet along the southerly line of the Southwest One -Quarter of the Northeast One -Quarter (SW4NE4) of Section 11 to the true point of beginning. Tract B: The N1/2 of SW4NW4, Section 11, Township 6 South, Range 93 West of the 6th Principal Meridian. The S'- of SE'NW' and the N? of the NE'SW', Section 11, Township 6 South, Range 93 West of the 6th Principal Meridian; 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 1973, as amended, for the reason that the impact created does not warrant further 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 loc- ating 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; BOOK 575 FAGE749 NOW, THEREFORE, BE IT RESOLVED that the division of the above described tracts "A", "B", from the above described 92 acre tract is hereby exempted from such definitions and said tract may be divided into tracts "A", "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 tracts "A", "B" and that a copy of the instrument or instruments of conveyance when recorded shall be filed with this resolution. Conditions: 1. That the applicant provide an easement to existing domestic wells for use by the newly created parcels. 2. That the applicant convey an interest in the existing domestic wells, which will be used by the newly created parcels. 3. That the Planning Department receive notification of both actions. ATTEST: 1 "L( -7L Deputy Clem/of of County Commit. Garfield County, /3o0,7 Board oners Colorado THE BOARD OF COUNTY COMMISSIONERS GARFIELD COUNTY, COLORADO BY: L�G� C zJ�_•--... Chairman \ Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: Larry Velasquez Flaven J. Cerise Aye Aye Eugene °Jim" Drinkhouse 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 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 Commissioner:.