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HomeMy WebLinkAbout2.0 Resolution 80-16Recor•:c,i -3 `'s M FFQ , 5 1980 Reception) Tie 301.405 Mildred ls4orf Recorder STATE OF COLORADO ss County of Garfield regular At a held at the Court House in Glenwood Springs on February A. D. 19 80 , there were present: BOOK 543 PAGE 41 meeting of the Board of County Commissioners for Garfield County, Colorado, Monday the 4th day of , Commissioner Chairman Larry Velasquez Q Commissioner Flaven Cerise Arthur A. Abpl anal p, Jr Commissioner Nancy Sprick Page, Deputy ' Coukty Attorney Clerk of the Board when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 80-16 RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE GARFIELD COUNTY SUBDIVISION REGULATIONS WHEREAS, Danny and Karen Prall 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 9.32 acre tract described as follows: that parcel of land as described in Document No. as filed in the Office of the Clerk and Recorder of Garfield County, Colorado, into 2 tracts of approximately 3.37 and 5.96 acres each, more or less, which proposed`, divided tracts are more particularly described as follows: Tract A: A parcel of land situated in Government Lots 19 and 18, Section 32, Township 7 South, Range 87 West of the Sixth Principal Meridian, County of Garfield, State of Colorado. Said parcel being more particularly described as follows: Commencing at an iron post with brass cap properly marked for the Southeast Corner of Section 33 of said Township and Range; thence N.66°56'42"W. 7923.01 feet; thence N.82°38'00"W. 318.75 feet to the True Point of Beginning; thence S.02°30'15"W. 229.05 feet to a point on the Northerly line of a 30.00 foot road easement (as described in Book 501 Page 215 in Garfield County records); thence along said Northerly line N.78°49'20"W. 34.15 feet; thence along said Northerly line, N.78 20'23"W. 232.32 feet; thence leaving said Northerly line S.02°14'30"W. 135.00 feet; thence N.79°44'24"W. 265.07 feet; thence N.01°58'45"E. 331.10 feet; thence S.82°38'00"E. 530.09 feet to the True Point of Beginning. The above described parcel of land contains 3.37 acres, more or less. Tract B: A parcel of land situated in Government Lots 19 and 10, Section 32, Township 7 South, Range 87 West of the Sixth Principal Meridian, in the County of Garfield, State of Colorado. Said parcel being more particularly described as follows: Commencing at an iron post with brass cap properly marked for the Southeast corner of Section 33 of said Township and Range; thence N.66°56'42"W. 7923.01 feet; thence N.82°38'00"W. 848.84 feet; thence S.01 58'45"W. 331.10 feet to the True Point of Beginning; thence S.79°44'24"E. 265.07 feet; thence S.02°14'30"W. 991.26 feet; thence N.82°38'00"W. 258.90 feet; thence N.01°58'45"E. 1005.11 feet to the True Point of Beginning. The above described parcel of land contains 5.96 acres, more or less. 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 is not large enough to proceed through the full 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 BOOK 543 p cE242 general purposes and intent of the subdivision. regulationsof the State of Colorado and the County of Garfield, and should, therefore, be exempted from the definition ofthe 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 9.32 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. Adopted. the 4TH day of February , A.D. 1980. THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO By:. ATTEST: Depty Cl k • f the Boa of County Commissioners Garfield County, Colorado Chaff Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: Fl aYen.. Ceri $e Aye Larry Vel squez Aye 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.