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HomeMy WebLinkAbout4.0 Resolution 83-300-45 ` • STATE OF COLORADO County of Garfield ,,2 01,33 ' ,. )ss:.. '. At a regular meeting of the Board of County Commissioners for Garfield, Colorado, held at the Commissioners' Annex in Glenwood Springs on Monday , the l gth day of September A.D. 19 83 , there were present: Eugene "Jim" Drinkhouse Larry Velasquez Flaven J. Cerise Earl Rhodes Mildred Alsdorf , Commissioner Chairman , Commissioner , Commissioner , County Attorney , Clerk of the Board when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 83-300 A RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE GARFIELD COUNTY SUBDIVISION REGULATIONS FOR J. GENTRY. WHEREAS, J. Gentry has petitioned the Board of County Commissioners of Garfield County, Colorado, for an exemption from 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 480+ acre tract described as follows: In Book 516, Page 289 of the Garfield County Clerk and Recorders Office into 2 tracts of approximately 2.4 acres and 477 acres each, more or less, which proposed divided tracts are more particularly described as follows: TRACT A: A parcel of land situate in the NW 1/4 NE 1/4 Section 22, Township 7 South, Range 92 West of the 6th Principal Meridian being more particularly described as follows: Beginning at the Section Corner common to Section 14, 15, 22 and 23 of said Township and Range, said Section corner being buried near the intersection of Garfield County Roads 324'and 327; thence S.69°44'00"W. 1446.95 feet to the point of beginning; r", thence N.87°03'06"W. 365.63 feet to a point next to a fence corner; thence alongside an existing fence N.05°42'24"E. 333.14 feet to a point that intersects the Southerly right-of-way of Garfield County Road No. 324; thence along said right-of-way S.65°21'48"E. 26.42 feet; thence 319.34 feet along the arc of a 482.00 foot radius circular curve to the left which arc subtends a chord bearing of S.84°20'43"E. 313.53 feet; thence leaving said right-of-way S.00°44'37"W. 308.41 feet to the true point of beginning. TRACT B: The parcel described in Book 516, Page 289 minus Tract A, described above. (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 creation of the 2.4 acre tract does not warrant further subdivision review; and 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 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" from the described 480 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 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. ATTEST: GARFIELD COUNTY BOARD OF COMMISSIONERS GARFIELD COUNTY, COLORADO rk of the Board Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: Eugene "Jim" Drinkhouse Larry Velasquez Flaven J. Cerise Aye Aye 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 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 Board of County Commissioners. County Clerk and ex -officio Clerk of the