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HomeMy WebLinkAbout3.0 Resolution 81-08STATE OF COLORADO SS. County of Garfield nyC,- ,.t-. 9,;-/-% o'rlry:k Reception No. 311050 MILDRED ALSDORF, RECORDER At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held at the Court House in Glenwood Springs on Monday , the 12th day of January A. D. 19 81 there were present: Richard C. Jolley BOfx 563 raut4 2 .M. J A N 14 1981 Larry Velasquez Arthur A. Abplanalp, Jr. Cheryl J. Koss, Deputy when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 81-08 , Commissioner Chairman , Commissioner , Commissioner , County Attorney , Clerk of the Board RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE GARFIELD COUNTY SUBDIVISION REGULATIONS FOR ERIC AND SHIRLEY WILLIAMS WHEREAS, Eric and Shirley Williams have 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 4.99 acre tract described as follows: in deed #293506 filed in the office of the Clerk and Recorder of Garfield County, Colorado, into 2 tracts of approximately 2.495 acres each, more or less, which proposed divided tracts are more particularly described as follows: Tract A: a parcel of land situated in the SWt of Section 25, and the NW% of Section 36, all in Township 5 South, Range 90 West of the 6th P.M., Garfield County, Colorado, more particularly described as follows: Beginning at the Northwest Corner of said Section 36, and sandstone found in place; thence S. 85°33'48'E. 1373.32 feet to a rebar and cap in place, the True Point of Beginning; thence N.86°31'08"W. 230.07 feet to a point on the centerline of Canyon Creek; thence along the center- line of Canyon Creek the following courses and distances; thence N.35°39'26"W. 82.11 feet; thence N.25°58'48"W.96.95 feet; thence N.00°58'43"E. 50.08 feet; thence N.18°27'32"E. 82.82 feet; thence N.23°38'42"E. 100.44 feet; thence leaving said Canyon Creek N.90°00'00"E. 248.52 feet; thence S.00°36' 16"E. 388.50 feet to the True Point of Beginning, containing 2.50 acres more or less. Tract B: A parcel of land situated in the SWC of Section 25, Township 5 South, Range 90 West of tie Sixth Principal Meridian, Garfield County, Colorado, mor1. particularly described as follows: Beginning at the Southwest Corner of said Section 25, a sandstone found in place; thence N.75°48'51"E. 1151.71 feet to a point on the centerline of Canyon Creek, the True Point of Beginning; thence along the centerline of said Canyon Creek the following courses and distances; thence N.23°38'42" E. 80.20 feet; thence N. 04°08'06"E. 424.03 feet; thence N.09°18'05"W. 22.85 feet; thence leaving said Canyon Creek centerline N. 78°10'50"E. 187.57 feet; thence S. 00°36'16" E. 557.39 feet; thence N. 90°00'00" W. 248.52 feet to the True Point of Beginning, containing 2.49 acres, more or less.. (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 impact created does not warrant a full subdivision review, and BOUR 563 PAtE473 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 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" and "B", from the above described 4.99 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 tracts 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" and "B", and that a copy of the instrument or instruments of conveyance when recorded shall be filed with this Resolution. ATTEST:,/ Deputy C). rk of) he Board of County Commissioners Garfield County, Colorado THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO ByV ��c.�-•�i�� / •� .��.� Chairman 1 Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: Richard C. Jolley Aye Larry Velasquez Aye Aye STATE OF COLORADO 55 County of Garfield Commissioners 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 Commissioners.