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HomeMy WebLinkAbout4.0 Resolution 84-36STATE OF COLORADO County of Garfield Recorded at3 E'' o'ciock.� M. FEB 2 21964 Rtov,tinOn NQ- AJ SB MILDRED ALScDORF, RECORDER GARFIELD COUNTY, CCLORADO ) )ss At a regular meeting of the Commissioners for Garfield, Colorado, held at Glenwood Springs on`Tuesday the -21st 1984, _ there were present: annK 644 pr F694 Board of.County the Commissioners' day of February Larry Velasquez Commissioner Chairman Flaven J. Cerise _, Commissioner Eugene "Jim" Drinkhouse , Commissioner Earl Rhodes _ __ _------ County Attorney Mildred Alsdorf , Clerk of the Board Annex in A. D. when the following proceedings, among others were had and done, to -wit: RESOLUTION NO 84-36 A RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE GARFIELD COUNTY SUBDIVISION REGULATIONS FOR K. R. WEATHERLY. WHEREAS, K R. Weatherly 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 2.02.21(d) for the division of.a 6,66 acre tract described as follows: that parcel of land as described in Book 424, Page 423 and Book 426, Page 554, as filed in the Office of the Clerk and Recorder of Garfield County, Colorado, into 2 tracts of approximately 2.0 acres and 4.66 acres each, more or less, which proposed tracts are more particularly described as follows TRACT -A: A parcel of land situated in the SW1/4 SE1/4 of Section 6, Township 5.South, Range 90 West of the Sixth Principal Meridian, lying westerly of the westerly right-of-way line of a county road as constructed and,in place, said parcel is described as follows: Beginning at a point whence the Northeast Corner of said Section 6 bears N.23049'00"E. 4610.00 feet; thence N.03°45'39".E 306.10 feet to a point on the Northerly line of said SW 1/4 SE 1/4; thence S.89041'11"E. 343.29 feet along said northerly line to a point on the westerly right-of-way line of said -county road; thence S,.29024133"W. 201.13 feet along said right-of-way line; thence S.35021'42"W. 156.82 feet along said right-of-way line; thence "S.28°22'16".W. 88.29 feet along said right-of-way line; thence leaving said right-of-way line N.59138'52"W. 152.84 feet to the point of beginning; containing 2.00 acres, More or less. The above described parcel of land is together with a 30.00 foot roadway easement as 'shown on Weatherly Exemption Plat. Also, together with a15.00 foot pipeline easement as shown on Weatherly Exemption Plat. TRACT B: A parcel of land situated in the SW1/4 SE1/4 of Section 6, Township.5 South, Range 90, West of the Sixth Principal Meridian, lying easterly' of the centerline of East Elk Creek, said parcel -of land is described as follows: Boa 6441, PAGE Beginning at a point whence the Northeast Corner of said Section 6 bears N.23°49'00, "E. 4610.00 feet; thence S.59138'52"E. 152.84 feet :-o a.point on the easterly right-of-way line'of-a county road is constructed GtId in. place;.then`ce S.28022'16"W. along said right-of7Wayline 30.02 feet; thence leaving said right-of-way N.73020'08"W. 932.24 feet to a point in the center of said creek; thence N.19012106"E. 42.75 feet along the 'center of said creek; thence N.42039118"E. 86.43 feet.along the center of said creek; thence N.65015'50" E. 98.65 feet along the center of said creek to a point on the Northerly line of said SW1/4 SE1/4; thence S.89041'11"E.. 633.33 feet along the Northerly line of said SW1/4 SEI/4; thence leaving said ,northerly line S.03145'39"W. 306.`10 feet to the point of beginning; containing4.66 acres, more or less The above described parcel is subject to a 30.00 foot roadway easement as shown on Weatherly Exemption Plat. Also subject to,a 15.00 foot pipeline easement as shown on Weatherly Exemption Plat. (in the State of Colorado and the 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 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 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 Garfiedl, and should, therefore, be exempted from the definition of the terms "subdivision" and "subdivided land" as set forth in. C.R.S. 19.73,' 30-28-101 (10) (a) -(d), as amended; NOW, THEREFORE, BE IT RESOLVED that the divison of the above described tracts "A" and "B" from the above described 6.66 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 tracts "A" and'"B" a,nd that a copy' of the, instrument or instruments of .conveyance when recorded.shall be filed with this Resolution. Dated this 21st day of _ February _ A.D. 198+ ATTEST:• Clark of the Board Liz BOOK 644 MEG% Upon motion duly made and seconded the foregoing Resolution was adopted by,the following vote: —_Larry Velasquez Aye Flaven J.Cerise _ _ "Eugene "Jim" Drinkhouse _ __Aye — — Aye STATE OF '.COLORADO County, of Garfield ) 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. County Clerk and ex -officio Clerk of the Board of County Commissioners.