HomeMy WebLinkAbout2.0 Resolution 81-376STATE OF COLORADO
County of Garfield
ss.
BOOK 589 PACE 152
Recorded at 34 o'clock p M. DEC 221981
Reception No. . 322943 MILDRED ALSDORF, RECORDER
regular
'Ata meeting of the Board of County Commissioners for Garfield County, Colorado,
held at the Court House in Glenwood Springs on Monday the 14th day of.
December A. D. 19 81 , there were present:
L a r r'y Ve 141 gsalagrg ' Commissioner Chairman
Flgven 4T i . Q.eg ,, e , Commissioner
Eugene pginkhgAgg , commissioner
E a,r l G, H4 cle rS , County Attorney
Leanne ?leland1..pep ;ty, , Clerk of the Board
when the following proceedings, among others were had and done, to -wit:
RESOLUTION NO: 81-376
RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE GARFIELD COUNTY SUBDIVISION
REGULATIONS FOR HAROLD AND JEANNE LOESCH.
WHEREAS, Harold and Jeanne Loesch 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 ',,.:'.01 for the division of a 39.73 acre tract described as follows:
that parcel of ":.%:;ci described in Document No.. 283474 as filed in the Office of the Clerk
and Recorder o r:eld County, Colorado into 2 tracts of approximately .39 and 39.34
acreseach,. more z less, which proposed divided tracts are more particularly described
as follows:
TRACT A: A tract of land in Section 25, T6S, R91W. of the 6th P.M. in Garfield
County, Colorado and being more particularly described as follows: Commencing
at an iron post with a brass cap properly marked for the N.E.``Corner of said
Section 25, the True Point of Beginning; thence S.00°16'22"E. along the east
line of said. Section 25 a distance of 211.22 feet to a point on the easterly
right-of-way line of Divide Creek County Road as found on place. in Tuly 1981;
thence N.41°2552"W, and along said easterly right-of-way line of Divide Creek
County Road a distance of 61.12 feet; thence continuing along said easterly
right-of-way line along a curve to the right having a central angle of 17°24'26"
and a radius of 642.87 feet for an arc length distance of 195.31 feet to a point
on the northerly line of said Section 25; thence N.89°19'11"E. and along the
said northerly line of Section 25 a distance of 144.64 feet more or less to
the True Point of Beginning.. Contcining 0.3934 acres more or less; together
with an easement for access to Lot 3 of the Bumgardner Subdivision more particularly
described as follows: An easement of a total width of 30 feet being 15 feet on
'either side of a line beginning at a point on the easterly right-of-way line. of
County Road No. 311 also known as Divide Creek Road from which the N.E. Corner
of said Section 25, a brass cap monument set on an iron pipe and properly marked
bears N.52°09'45"E. a distance of 129.25 feet; thence S.8C°25'46"E. a distance
of 93.47 feet; thence S.87°32'13"E. a distance of 10.35 feet to a point on the
east line of said Section 25; said point also on the westerly line of Lot 3 of
Bumgardner Subdivision, in Garfield County, Colorado.
TRACT B: The remaining 39.34 acres.
(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, 'Artie le 28, Title 30, Colorado RPvised Statutes 1973, as amended,
for the reason that the proi:-irty splits are solely for the purpose of providing access to
existing parcels, 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;
?in.( 89 ?M E153
NOW,.; THEREFORE, BE IT RESOLVED that the division of the above described tracts, "A"
and "B" from -the above described 39.73 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 expresstnderstanding
and agreement;: of the Petitioners that no further exemptions be allowed on said tracts
"A" arid "B" and that a copy of the instrument or instruments of conveyance when recorded
shall,be filed with this Resolution, and further that no new lots are created by this.
action'and riobuilding permit will be issued for the .39 acre tract.
ATTEST:
e•uty Clerk of the Board
BOARD OF COUNTY COMMISSIONERS
GARFIELD COUNTY,. COLORADO
Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote:
Larry Velasquez Aye
Flaven J. Cerise Aye
'Eugene Drinkhouse Aye
Commissioners
STATE OF COLORADO
u
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,