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HomeMy WebLinkAbout2.0 Resolution 81-67BOOK 568 PaGF rSTATE OF COLORADO ,t o���,-!�„. M. MAR 251981 County of Garfield t Reception No. 3160 MILDRED ALSDORF, RECORDER At a ....... ...................................... meeting of the Board of County Commissioners for Garfield County Colorado, held at the Court House in Glenwood Springs on MOnda.�.............................................. the....... 2.3.rd ...............day of NIi �7.. ......... ...............A. D. 19.... g.l... , there were present: ...T,isY.... Ve lasqu. . ez w ................................... . Commissioner Chairman e....CeriseCommissioner.....................................Commissioner„Eugene "Jlm° Drinkhouse....... ComCommissioner............ Arthur A. AbQlanal�� Jr. County Attorney ...... Cheryl.. J ... ROS S ........ , clerk of the Board when the following proceedings, among others were had and done, to-wit: RESOLUTION NO. 81-67 A RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE GARFIELD COUNTY SUBDIVISION REGULATIONS FOR RAY AND PHYLLIS WALKER WHEREAS, Ray and Phyllis Walker have petitioned the Board of County Commissioners of Garfield County, Colorado, for an exemption from the definition of the terms "suhdivision” 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 creation and •recoaiiition of a 7 1/2 acre tract described as follows: That parcel of land as described in Document No. 268018 as filed in the Office of the Clerk and Recorder of Garfield County, Colorado, which proposed divided tract is more particularly describes; as follows: That part of the NE'4SE of Section 36, Townshia 5 South Range 93 West of the 6th P'.M. lying West of the State Highway No. 13 and North of the tract of land described in Book 446 at Page 553 described as follows: Beginning at the Southeast Corner of said Section 36; thence North 2253.12 feet along the Easterly line of said Section 36; thence West 497.94 feet to the Northeast Corner of said tract of land described in Book 446 at Page 553, the true point of beginning; thence North 01007' East 301.99 feet; thence North "02056' East 90 feet more or less to the North line of the NE,SE4 of said Section 36; thence West along the North line of the"NE4SE4 833 feet more or less to the Northwest Corner of the NE -ISE -I,,; thence South along the West line of theNE,SE4 400 feet more or less to the Northwest Corner of a tract of land described in Book 446 at Paoe 553, said point being North 89059' Wsst 822.42 feet from the true point of beginning; thence South 89 59' East 822.42 feet to the true point of beginning, together with all ditch and water rights appurtenant thereto or used in connection therewith, and more particularly, 4.0 miner's inches of No. 82 Priority Water and 6.0 inches of No. 100 Priority Water, out of the Grand Tunnel Ditch. (in the State of Colorado and County of Garfield); and WHEREAS, the Petitioners have 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 above - referenced tract was created and separately identified prior to the 1st day of September, 1973, and WHEREAS, the Petitioners 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 NOW, THEREFORE, BE IT RESOLVED that the creation and recognition of the above described tract is hereby exempted from such definitions and said tract may be conveyed in the form of -:'such smaller tracts without further compliance with the aforesaid statutes and regulations; provided, however, that this exemption is granted on the condition and with the express understanding and agreement of the Petitioners that oo further exemptions be allowed on said tract, and that a copy of the instrument or instruments of conveyance when recorded shall be filed with this Resolutic.i-i. THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO �i BY: G Chai rman ' ATTEST: ,___;� Deputy Cle < of Board of County Comm loners Garfield C ounty, Colorado Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: La.rY....Ve.la$que.z....................................................................Aye ...............................1 aven....Cerise . ................................................................Aye Eu�ene......Jim" Dr inkhous.e..........................................Aye Commissioners STATE OF COLORADO (1l ss County of Garfield I..................................11................................. , 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, thin...... .........day of .......................................................... , A. D. 19 .............. County Clerk and ex -officio Clerk of the Board of County Commissioners.