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HomeMy WebLinkAbout4.0 Resolution 94-123RECORDED y.'/l/ "i-CLOCK4R M. SC zit ili1V C9 1994 Mt+_h�cLs�r�r, ;:;�FL�UCrA �-qK BooK0921,„c�813 STATE OF COLORADO ) )ss County of Garfield ) At a meq u 1 a r meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Commissioners' Meeting Room, Garfield County Courthouse, in Glenwood Springs on Monday , the 7th of November A.D. 19-24 , there were present: Elmer (Buckey) Arbaney , Commissioner Chairman Arnold L. Mackley _ , Commissioner Marian I. Smith Commissioner Don Derord , County Attorney Mildred Alsdorf , Clerk of the Board Chuck Deschenes , County Administrator when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 94-123 A RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE GARFIELD COUNTY SUBDPJISION REGULATIONS FOR BETTY (DWIRE) THUNDER. WHEREAS, BETTY (DWIRE) THUNDER 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 April 23,1984, S:ction 8:00 through 8:60 and for the division of a 7.36 acre tract as described in Book 412, Page 144, Reception #250502 as fled in the Offices of the Clerk and Recorder of Garfield County, Colorado, into two (2) parcels of approximately 4.80 and 2.56 acres in size, more or less, with the exemption parcels more practically as follows: Lot 1 (see attached) Lot 2 (see attached) (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 division 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 parcels, that there is existing ingress and egress to said parcels, 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" Boo x0921 nx, 814 asset forth in C.R.S. 1973, 30-28-101 (10) (a) -(d), as amended; and NOW THEREFORE, BE IT RESOLVED that the division of the above described 7.36 tract into parcels 1 and 2 are hereby exempted from such definitions and may be conveyed in the form of such parcels "Lot l," and "Lot 2" as is more fully described above and that a copy of the instrument or instruments of conveyance when recorded shall be filed with this Resolution. Dated this 7th day of November ATTEST: CIA -of the Board Vote: A. D. 19-2-4— ATTEST: 994 GARFIELD COUNTY COMMISSIONERS, COUNTY, COLORADO Chairman BOARD _ OF GARFIELD Upon motion duly made and seconded the foregoing Resolution was adopted by the following Elmer (Buckey) Arbaney , Aye Arnold L. Mackley , Aye Marian I. Smith , Aye STATE OF COLORADO ) )ss 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 Resolution is truly copied from the Records of the proceeding 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 LEGAL DESCRIPTION LOT 1 A PARCEL OF LAND SITUATED IN. THE S.E. 1/4 BoA921,-hct 815 OF THE S.E. 1/4 OF SECTION 36, T. 5 S., R. 92 W. OF THE SIXTH P.M. MORE PARTICUALLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE HEREON DESCRIBED FATHERING PARCEL, A NUMBER 5 REBAR WITH PLASTIC CAP L.S. 33171 THENCE N. 89P56' 40" E. 330.12 FEET; THENCE S. 01 26' 07' W., 637.51 FEET TO A POJNT ON THE NORTH R.O.N. LINE OF THE HERRON DEDICATED COUNTY ROAD; THENCE S. 89056' SIR W., ALONG SAID R.O.W. LINE 318.72 FEET1 THENCE N. 01*18' 35" E., 637.46 FEET TO THE POINT OF BEGINNING, CONTAINING 4.80 ACRX8 f, ALL IN GARFIELD COUNTY, COLORADO. LEGAL DESCRIPTION LOT 2 A PARCEL OF LAND SITUATED IN THE S.E. 1/4 OF THE S.E. 1/4 OF SECTION 36, T. 5 S., R. 92 W. OF THE SIXTH P.M. MORE PARTICUALLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT FROM WHICH THE NORTHWEST CORNER OF THE HEREON DESCRIBED FARTHERING PARCEL, A NUMBER 5 REBAR WITH PLASTIC CAP L.B. 3317 BEARS S. 89 56'40" W., 330.11 FEETI THENCE N. 89°56' 40" E., 175.00 FEET/ THENCE S. 01°26' 07" N., 637.54 FENT TO A POINT ON THE NORTH A - O . W . LINE OF THE HEREON DEDICATED COUNTY ROAD; TNXKCE S. 89 56' 53" W., ALONG SAID R.O.N. LINE 175.00 FEET THENCE N. 01116' 07" E., 637.46 FEET TO THE POINT OF BEGINNING CONTAINING 1.56 ACRRS1 ALL IN GARFIELD COUNTY, COLORADO.