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HomeMy WebLinkAbout2.0 Resolution 81-18STATE OF COLORADO RL1� 563 PAGES I O S5. M, JAN 2 0 1981 County of Garfield o'clock_ regular Reception No. 311-220 MILDRED AMORE, 4LCORDER At a .......................................................... ...... meeting of the Board of County Commissioners for Garfield County, Colorado, held at the Court House in Glenwood Springs on .......... MOI1C7aX..................................................... the...... 19:�h.............. I ..... day of J ariua ry ............................... A. D. 19....S. 1.....: there were present: Larry Velasquez Commissioner Chairman ...... . .......... .......... .......... . ........................... Flaen vJ. Cerise ....................................... Commissioner Eugene Jim Drinkhouse................. . Commissioner ArthurA. Abl?lanal.P,....Jr.............. CountyAttorney .................................... Cheryl. J.....Koss r... eRutY.................. Clerk of the Board when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 81-18 A RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE GARFIELD COUNTY SUBDIVISION REGULATIONS FOR 14ALLACE THATCHER WHEREAS, Wallace Thatcher 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 26 acre tract described as follows: In Book 382, page 309, filed in the Office of Clerk and Recorder of Garfield County Colorado, into 2 tracts of approximately 24 and 2 acres each, more or less, which proposed divided tract is more particularly described as follows: A parcel of land situated in the NE's., of Section 23, Township 3 South, Range 87 West of the Sixth Principal Meridian, Garfield County, Colorado, more particulariy described as follows: Beginning at the East Quarter Corner of said Section 23, thence N. 30°31'49" W. 1198.59 feet (deed record tie N. 28004'13" W. 1170.05 feet) to the Northeasterly corner of a parcel of land as described in Document 237207 and recorded in the Garfield County Clerk and Recorder's Office, the True Point of Beginning; thence S.37'26'54" 1•7. 120.43 feet; thence S. 45°06'58"W. 89.17 feet: thence S 38°14'24" ET 70.07 feet, to a point on the centerline of existing Sweetwater Creek; thence N. 50°33'54" W. 40.22 feet along the centerline of said existing Sweetwater Creek; thence leaving said existing Sweetwater Creek and continuing along the apparent centerline of the dry creek bed of Old Sweetwater Creek, (as described in Book 273 Page 172 Garfield County Clerk and Recorder's office) N. 47°16'52"1d. (deed N.40°22'1.) 306.90 feet; thence leaving said dry creek bed of Old Sweetwater Creek N. 44°32'00"E. 263.08 feet to a point on the centerline of County Road x`150 as constructed and in place; thence S.55°08'34" E. 70.66 feet along the centerline of said County Road =150; thence S. 52°28'45" E. 187.35 feet along the centerline of said County Road x`150; thence leaving said County Road x`150 S.36°39'40" W. 17.88 feet to a point on the northwesterly corner of a parcel of land as described in Document 237207 and recorded in the Garfield County Clerk and Recorder's office; thence S.55°10'50" E. 68.10 feet to the True Point of. Beginning, containing 2.15 acres, more or less, subject to ease- ments of record. (in the State of Colorado and County of. Garfield); and WHEREAS, the Petitioner has demonstrated to the satis.Eaction of t'he 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 2.15 acre parcel will be blended into the Trump property described in document #237207 filed in the Office of Clerk and Recorder of Garfield County, Colorado, .for the purpose of adjusting property boundaries and no new parcel is created, and C317�IK J�c� PdGE�3`�'� 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 Garfield, and should, therefore, be exempted from the definition of the terms "subdividion" 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", from the above described 26 acre tract is hereby exempted from such definitions and said tract may be divided into tracts "A", 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; rpovided, 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 tract "A", and that a copy of the instrument or instruments of conveyance when recorded shall be filed with this Resolution, and that no building permit will be issued for the 2.15 acre Marcel as no new lot is created. THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO BY: Us Cha' an ATTEST: Deputy Clerk o ,the Board of County Commissioners Garfield County, Colorado Upon motion dul made and seconded the foregoing Resolution was adopted by the following vote: arry Velasquez Aye ...... .................".....:.....11........................................................... Flaven J. Cerise Aye ...Eugene.......Jim......Drinkhouse...........................................Aye .. .. . ....................... Commissioners 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 Order is truly copied from the Records of the Proceedings of the Board of County Commissioners for said Garfield County, no,.-,' 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 ........ I..... County Clerk and ex -officio Clerk of the Board of County Commissioners.