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HomeMy WebLinkAbout2.0 Resolution 81-383STATE OF COLORADO County of Garfield Ata regu a_ a r rleeting of the Board of County Commissioners for Garfield County, Colorado, held at the Court House in Glenwood Springs on J Qfl ay , the 2.1.s.t day of December A. D. 19 81 , there were present: Larry Velasquez Flaven J. Cerise Eugene Drirlkhouse Earl G. Rhodes Leanne Cleland/ Deputy when the following proceedings, among others were had and done, to -wit: , Commissioner Chairman , Commissioner , Commissioner , County Attorney , Clerk of the Board RESOLUTION rTl .81-383 A RESOLUTION CONCERNED WITH AMENDING RESOLUTION NO. 80-79. WHEREAS, the Garfield County Board of Commissioners, upon application of Robert Arnold, adopted its Resolution No. 80-79 granting certain exemptions to the proposed division of land in Section 33, T7S, R89W of the 6th Principal Meridian in Garfield County, Colorado, and WHEREAS, the Board has been advised that its Resolution No. 80-79 is in certain respects in error, NOW, THEREFORE BE IT RESOLVED, that this Board's Resolution No. 80-79 be and hereby is amended to read in its entirety as follows: A RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE GARFIELD COUNTY SUBDIVISION REGULATIONS FOR ROBERT ARNOLD. WHEREAS, Robert Arnold has petitioned the Board of County Commissioners of Garfield County, Colorado, for an exemption from the definition ofthe 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 51.12 acre tract described as follows: that parcel of land as described in Book 535 at Page 351 as filed in the Office of the Clerk and Recorder of roirnty, rr.l orado into 3 tracts of approximately 2.02, 2.11 and 2.04 and the remaining 44.95 acres each,. more or less, which proposed divided tracts are more particularly described as follows: . TRACT A: A parcel of land situated in Lot 6 of Section 33, Township 7 South, Range 8; West of the 6th Principal Meridian, Garfield County, Colorado, lying northerly of and adjacent to the Northerly right-of-way line of Colorado State Highway No. 82, and being more particularly described as follows: Beginning at a point on the Westerly boundary line of said Lot 6 whence the Northwest Corner of said Lot 6 bears N.01°15'00"E. 259.08 feet; thence S.67°03'48"E. 215.18 feet; thence 5.80°49'13"E. 67.57 feet; thence S.24°48'00"W. 118.17 feet; thence S.10°38'12"E. 258.82 feet to a point on the Northerly right-of-way line of said Highway No. 82; thence N.72°10'33"W. 284.80 feet along the Northerly right-of-way line of said Highway No. 82 to a point on the Westerly boundary line of said Lot 6; thence N.O1°15'00"E. 369.19 feet along the Westerly boundary line of said Lot 6 to the point of beginning, containing 2.02 acres, more or less. TRACT B: A parcel of land situated in Lot 6 of Section 33, Township 7 South, Range 87 West of the 6th Principal Meridian, Garfield County, Colorado, lying northerly of and adjacent to the Northerly right-of-way line of Colorado State Highway No. 82, and being more particularly described as follows: Beginning at a point whence the Northwest Corner of said Lot 6 bears N.36°14'25"W. 438.48 feet; thence S.80°49'13"E. 52.97 feet; thence S.72°10'33"E. 171.64 feet; thence South 370.58 feet to a point on the Northerly right-of-way line of said Highway No. 82; thence N.72°10'33"W. 228.45 feet along the Northerly right-of-way line of said Highway No. 82; thence N.10°38'12"W. 258.82 feet; thence N.24°48'00"E. 118.17 feet to the point of beginning, containing 2.04 acres, more or less. TRACT C: A parcel of land situated in Lot 6 of Section 33, Township 7 South, Range 87 West of the 6th Principal Meridian, Garfield County, Colorado, being more particularly described as follows: beginning at the Northwest Corner of said Lot 6; thence N.89°31'53"E. 290.00 feet along the Northerly boundary line of said Lot 6; thence S.01°15'00"W..359.82 feet; thence N.80°49'13"W. 90.79 feet; thence N.67°03'48"W. 215.18 feet to a point on the Westerly boundary line of said Lot 6; thence N.01°15'00"E. 259.08 feet along the Westerly boundary line of said Lot 6 to the point of beginning, containing 2.11 acres more or less. (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 further 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 definitions 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", "B", and "C" from the above described 51.12 acre tract is hereby exempted from such definitions and said tract may be divided into tracts "A", "B" and "C", 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 tracts "A", "B", and "C", and that a copy of the instrument or instruments of conveyance when recorded shall be filed with this Resolution. ATTEST: BOARD OF COUNTY COMMISSIONERS GARFIELD COUNTY, COLORADO '-Deputy Clerk Yf the Board Chairman Upon motion du1 made and sec nded the foregoing Resolution was adopted by the following vote: Larry Velasquez Aye " 'laven J. Cerise Aye nugene 1nrinkhouse Aye STATE OF COLORADO County of Garfield Commissioners 1, 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.