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HomeMy WebLinkAbout4.0 Resolution 81-131STATE OF COLORADO County of Garfield Ata ,5-.gulai held at the Court House in Glenwood Springs on Monday , the 4th day of May A. D. 19 81 , there were present: Larry Velasquez Flaven J. Cerise ss. 57'1 PAGE 36 Mf J/ ��l o'clo-�� l,1 ��• MAY - 7 1981 Reception No. 314608 MILDRED ALSDORF, RECORDER meeting of the Board of County Commissioners for Garfield County, Colorado, Eugene "Jim" Drinkhouse Arthur A. Abplanalp, Jr. Cheryl J. Koss, Deputy , Commissioner Chairman , Commissioner , Commissioner , County Attorney , Clerk of the Board when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 81-131 A RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE GARFIELD COUNTY SUBDIVISION REGULATIONS FOR RAYMOND AND IMA BARLOW WHEREAS, Raymond and Ima Barlow have 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 12 acre tract described as follows: That parcel of land as described in Document #239577 as filed in the office of the Clerk and Recorder of Garfield County, Colorado, into 2 tracts of approximately 8.42 and 3.6 acres each, more or less, which proposed divided tracts are more particularly described as follows: Parcel A: A parcel of land in the Northeast Quarter of Section 36, Township 5 South, Range 93 West of the 6th Principal Meridian, County of Garfield, State of Colorado, more particularly described as follows: Commencing at the NE Corner of said Section 36; thence S 89°49'48"bv a distance of 399.83 feet more or less, to a point on the westerly right-of-way of State Highway 13 and the TRUE POINT OF BEGINNING: Thence along said westerly right-of-way the following described courses: thence S 4°19'43" W a distance of 460.80 feet; thence along a curve to the left having a radius of 2820.39 feet and a central angle of 7°26'16", an arc distance of 366.12 feet (the chord of which bears S 0°36'35" W a distance of 365.87 feet); thence S 3°06'33" E a distance of 529.27 feet; thence along a curve to the right having a radius of 2263.83 feet and a central angle of 3°25'51" , and arc distance of 135.56 feet (the chord of which bears S 1°23'27" E a distance of 135.54 feet); Thence departing from said westerly right of way, S 89°33'45" W a distance of 312.81 feet; thence N 3°44'02" E, a distance of 1494.22 feet to a point on the north line of Section 36; thence along said north line of Section 36, N 89°49'48" E a distance of 222.17 feet to the TRUE POINT OF BEGINNING; Containing in all 366,721.19 square feet (8.4188 acres, more or less) Parcel B: A parcel of land in the NE4 of Section 36, Township 5 South, Range 93 West of the 6th Principal Meridian, County of Garfield, State of Colorado, more particularly described as follows: Commencing at the NE Corner of said Section 36; thence along the North line of said Section 36, S 89°49'48" W. a distance of 622.00 feet; thence S 3°44'02" W a distance of 1494.22 feet to the True Point of Beginning; Thence N 89°33'45" E a distance of 312.81 feet, to a pint of the Westerly right-of-way of State Highway No. 13; thence along said Westerly right-of-way the following described courses: thence along a curve to the right having a radius of 2263.83 feet and a central angle of 6°32'53", an arc distance of 253.72 feet (the chord of which bears S 3°35'44" W a distance of 258.58 feet); thence S 6°52'11" W a distance of 224.82 feet; thence departing from said Westerly right-of-way S 72°38'04" W. a distance of 173.77 feet; thence N 71°42'59" W 53.75 feet; thence N 50°23'51" W 106.33 feet; thence N. 3°44'02" E a distance BMA 571 PAGE 317 of 447.06 feet to the Point of Beginning. (in the State of Colorado and County of Garfield),; and WHEREAS, the Petitioners have 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, 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 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; NOW, THEREFORE, BE IT RESOLVED that the division of the above described tracts "A" and "B" from the above described 12 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 Petitioners that no further exemptions be allowed on said tracts "A" and "B", and that a copy of the instrument or instruments of conveyance when recorded shall be filed with this Resolution. THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO By: ULem ATTEST: 110-0 Deputy Clk o t e Board of County Co sioners Garfield County, Colorado Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: Larry VelasguE'„ g Aye Flaven J. Cerise Aye Eugene "Jim" plzinxbauae Aye STATE OF COLORADO ss County of Garfield Commissioners 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.