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HomeMy WebLinkAbout4.0 Resolution 83-408Ata regular Eugene |tJim'r Drinkhous I I Larry Velasquez Flaven J. Cerise Earl Rhodes Mildred Alsdorf (rlrrutt 643 protE4'7 :i .i'i'i-:r^ COUI,iTY, COLORADO meetrng of the Board of County Commissioners , , , , Commissioner Charrman Commissioner Commissioner County AttorneY C1erk of the Board ( Becordedat rl;t1,.g,"-rocr iF--y. FEhne lggl Beceptlon No. i IlSSnG - 1IILDRED ArsDoRF, RESORDERSTATE OF @IORADO County of C,arfield for Garfield, c;ofoiaao, held at the Conrnissioners' Annex in Glenwood Springs on Monday , the 3rd day of Oct,ober , 1983, A.D., there were present: when the following proceedings, among others were hao and done, to-wit: RESOLUTION I\Xf,. 83- 4OB A RESOLUTION (INCERNED WITH GANTING AIi E}GMPTION FRO}'I THE GARFIELD COU}ilIY SUBDIVISION REqJLATIONS FOR PAUL D. GEORGE A}JD ROBERT C. SILL. WHffiEAS, Paul D. George and Robert C. Sill- have petitioned the Board of County Conrnissioners of C,arfiel-d County, Colorado, for an exemption from the definition of the terms "suMivision" and "subdivideo land" unoer C.R.S. 1973, 30-28-101(101 161-(d), as amended, and the Subdivision Regulations of C,arfield County, Colorado, adopted January 2, l-9'19, Sections 2.02.21(d) and 3.02.01 for the division of a 40 acre tract described as follows: A tract of land in Sections 5 and B, Tbwnship 3 South, Rarge 87 West of the 6th Principal Meridian, Garfield County, Colorado, resurvey with tract segregations in inoependently resurveyed portion, dated August 21, 1933, saio tract being lYact 40 in said resurvey, into six (6) tracts of 0.05, 0.05, 0.05, 0.05, 7.8 and 32 acres each, more or 1ess, which protrrcsed divrded tracts are more particularly desCribeo as follows: TRACT 40-A-A (0.05 Acre Tract) 40-A-E, conrnencing at the Northwest"corner of saio Ttact 40, thence S31"37'I.I" E. , L421.44 feet to control point "C"; thence N4Io50'40" E., 10.40 feet; thence 548"09'20" E., 5.00 feet to the point of beginning of the tract of land herein described; thence N4Io50'41-" E., 40.00 feet; thence S48o09r20" 8., 50.00 feet; thence S41o50r40" W., 40.00feet; thence N48"09'20" !1., 50.00 feet to the point of beginning and containing 2000 sq. ft. for 0.05 acres. IRACT 40-A-B (0.05 Acre Tract) A tract of land in said Tract 40-A-E, conrnencing at the Northwest corner of said ltact 40; thence S31o37'I1" E., L42L.44 feet to controf lrcint "C"i thence N4I"50r40" E., 45.70 feet; thence N48o09r20" W., 40.00 feet to the point of beginning of the tract of land herein described; thence N48"09'20"W., 50.00 feet; therce N41o50'40" E. , 40.00 feet; therce S4B"09 r 20" E. , 50.00 feet; thence S41o50r40" W., 40.00 feet to the point of beginning and containing 2000 sq. ft. for 0.05 acres. TRACT 40-A-C (0.05 Acre Tract) 4O-A, conurencing at the Northwest corner of said Tract 40; thence S3lo37'I1" E., L42I.44 feet to control point "C"; therce N4Io50 | 40" E. , 95.70 feet; thence N4Bo09'20" W., 40.00 feet to the point of beginning of the tract of land herein described; therce N48o09r20" W., 50.00 feet; therce N4Io50r 40" E. , 40.00 feet; therce 548"09'20" 8., 50.00 feet; thence S4Io50'40" W., 10.00 feet to the point of @iru:ring and containing 2000 sq. ft,. for 0.05 acres. (( l00x 643 ruc6E48 TRACT 40-A-D (0.05 Acre Tract) A tract of land in said Tract 40-A-E, conrnencing at the Northwest corner of said Tract 40; thence S31"37'I1" E., 142L.44 feet to control point "C"; thence N41o50r40" E., 145.70 feet; thence N48o09r20" InJ., 40.00 feet to the point of beginning of the tract of land herein described; tlience N4Bo09'20" W. , 50.00 feet; thence N41o50'40" E., 40.00 feet; thence S4Bo09'20" 8., 50.00 feet; thence S4Io50'40" W., 40.00 feet to the point of beginning and containing 2000 sq. ft. for 0.05 acres. TRACI 40-A-E (7.80 Acre Tract) A tract of lanci in saio Tract 40, beginning at the Southeast corner of said Tract 40i thence N87oIB'40" W., alorg the Southerly line of said Tract 40, 6L7.45 feet; thence N64o5I'07" W., 163.06 feet; thence N1Bo26'03" E., 214.33 feet; thence N89"33'09" E., 451.06 feet; thence S75o1l-'27" 8., 549.32 feet toa trrcint on the Easterly line of said TracL 40; thence 500053'07"W., along the Easterly line of said Tract 40, 296.63 feet to thepoint of beginnirrg, except Tract 40-A-A, Tract 40-A-8, Tract 40-A-C, Tract A-D ano a 50 foot right-of-way and utility easement. A tract of lano in Sections 5 and 8, resurvey with tractsegregations in inciependently resurveyed portion, dated August 21, 1933, said tract being Tract 40 in said resurvey, in Township 3 South, Rarge 87 West of the 6th principal Meridian, C,arfie1o County, Colorado, except Tract 40-A-A, Tract 40-A-B, Tract40-A{, Tract 40-A-D and TYact 40-A-E; WHEREAS, the Petitioners have demonstrated, to the satisfaction of theBoaro of County Conrnissioners of C,arfield County, C-olorado, that the protrrcseddivision ooes not falI within the purposes of Part 1, Article 28, titfL :0, Colorado Revised Statues L973, as amended, for the reason that the inpact created does not warrant further subdivision review; WHERFIAS, the Petitioners have demonstrated, to the satisfaction of the Board of County Conrnissioners of Garfield County, Colorado, that there isdorrestic 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 bythe Col-orado Department of Health, that the requested division is not part ofan existing or larger developnrent and does not fal-l- within the general purposes ard intent of the suMivision regulations of the State of Coloradoand the County of Garfield, and should, therefore, be exempted from thedefinition of the terms "subdivision" and "subdivided Iand" as set forth in C.R.S. L973, 30-28-101 (101 (a)-(d), as arnended; and WHEREAS, it is recognlzed that Tract 40 A-E is created, pursuant to and subject to the provisions of c.R.s., section 3B-33-10r, €t seq., and norespecifically in Section 3B-33-1I1, as anended. l.trO'I, THEREFORE, BE IT RESOL\ED that the division of the above-describedtracts, rtact 40 A-A, Tract 40 A-B, Tract 40 A-c, Tract 40 A-D, Tract 40 A-E and Tract 40, from the above 40 acre tract, is hereby exempted from suchdefinitions and said tract rnay be divided into tracts 40 A-A, 40 A-B, 40 A-C,40 A-D, 40 A-E ard 40, all as is more fu1ly described above, and said dividedtract fitay be conveyed in the form of such smaller tracts without further coq)liance with the aforesaid subdivision statutes and regulations, provided, however, that this exenption is granted on the corrdition, and with the express understarding ano agreement of the Petitioners, that no further exenptions be allowed on said tracts 40 A-A, 40 A-8, 40 A-C, 40 A-D, 40 A-E ard 40, and that a cog/ of this instrunrent or instruunents of conveyance, when recorded, shall be filed with this Resolution. DArm *i= -3.r r{ day of t (- stlor( 643 ruct849 Utrrcn motion duly made and seconded the foregoing Resolution was adopted by the following vote: Eugene uJimrr Drinkhouse Aye Larry Velasquez Aye Flaven J. Cerise Aye srATE OF CorpRADO ) ) ss. County of Garfield ) f, , County Clerk and ex-officio Clerk of the Board of County Cormnissioners in and for the County and State aforesaid do hereby certify that the annexed and foregoing Oroer is truly copied from the Recorcis of the Proceedings of the Board of County Conrnissioners for said C,arfield County, now in my office. IN WIII{ESS W}IEREOF, I have hereunto set my hand and affixed the seal of said County, at Glenwood Springs, this day of , 1983, A.D. County Clerk and ex-officio Clerk of the Board of County Conrnissioners.