HomeMy WebLinkAbout4.0 Resolution 81-89STATE OF COLORADO
County of Garfield
I
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560 e4GE660
APR 151981.
Rece,pttocl No. `'� 4 MILDRED ALSDORF, RECORDER
At a ........... X.e.gulax.................................meeting of the Board of County Commissioners for Garfield County, Colorado,
held at the, Court House in Glenwood Springs on...... M...... the........ 13th................day of
...... Agri.1...............................A. D. 19...8...... , there were present:
Larry VelasgLleZ Commissioner Chairman
......................................................................... ,
F�aven J. Cerise
..............................rt....Y....yti...........�................................ , Commissioner
Eugene Jim Drinkhouse
Art�lur A. . AbpEarria![p,......
. Jr........ Commissioner
.......Cheryl J....Koss.....Deputy....""""•. County Attorney
.......................................................................................... . Clerk of the Board
when the following proceedings, among others were had and done, to -wit:
RESOLUTION NO. 81-89
WHEREAS, Jill Williams 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 315 acre
tract described as follows:
In book 491 page 792 and book 491 page 793 filed in the Office of Clerk
and Recorder, of Garfield County, Colorado.
into two tracts of approximately 13 and 302 acres each, more or less, which proposed
divided tract is more particularly described as follows:
A parcel of land situated in the E SE 4 of Section 33, and the W%SW 4 of
Section 34 all in Township 5 South, Range 90 West of the Sixth Principal Meridian,
Garfield County, Colorado, lying Northerly of the Northerly right -of --way line of
U.S. Highway 6 and 24, and Southerly of the Southerly right-of-way line of County
Road No. 240, said Parcel of land is more fully described as follows:
Beginning at a point 5.48050'00"W. 8.00 feet from a concrete highway right-
of-way marker both being on said highway: whence the Quarter Corner common to said
Sections 33 and 34 bears; N.08°28'58"W. 1230.03 feet; thence N.22°57'10"W. 1012.91
feet; thence N.35°17'32"W. 337.92 feet to a point on said County Road; thence along
said County Road right-of-way line being 30 feet, more or less, parallel to
the existing centerline, 5.62°31'32"E. 359.85 feet; thence 5.66°54'23"E. 337.08
feet.; thence 5.63°42'01"E. 652.38 feet; thence 55.76 feet along the arc of a
curve to the right, having a radius of 28.392 feet, the chord of which bears:
5.07026'00"E. 47.22 feet to a point on said Highway; thence S.48050'00"14. along
said Highway, 873.45 feet to the point of beginning, containing 12.98 acres,
more or less.
Together with a 5 foot ditch easement lying South of the preceeding described
line commencing at the Northwest Corner thence 5.88°54'40"W. 75 feet.
(in the State of Colorado and 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 a full subdivision review.
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 "subdivision" and "subdivided land" as set forth in C.R.S. 1973,
30-28-101 (10) (a) -(d), as amended;
B 569569 P4GEf361_
NOW, THEREFORE, BE IT RESOLVED that the division of the above described
tract "A" from the above described 315 acre tract is herebyexemptedfrom such
definitions and said tract may be divided into tract:"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; 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 tract "A", and that a copy of the instrument
or instruments of conveyance when recorded shall be filed with this Resolution.
Dated this 13th day of April A.D. 1981.
THE BOARD OF COUNTY COMMISSIONERS
OF GARFIELD COUNTY, COLORADO
BY: UL.,
Chairman _
ATTEST �--
Deputy Cleo of the -/Board
of County Commis's&6ners
Garfield County, Colorado
Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote:
......Lam'..Volascruez.......................................... Aye
.......... ...............
,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, 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.