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HomeMy WebLinkAbout2.0 Resolution 80-252Pecorded at 47---11 o'clock 9 N1: OCT 28 1980:, Reception No. 308821 MILDRED ALSDORF, RECORDER STATE OF COLORADO County of Garfield At ameeting of the Board of County Commissioners for Garfield County, Colorado, held at the Court House in Glenwood Springs on Mm -lay , the ....... 2 7 } day of. Q.R.t.Qb. A. D. 19. Q , there were present: Ripbar.d.Commissioner Chairman Lar. 'y VQa. a.SS U'Y7 , Commissioner F.1A3z.e.rA , Commissioner Atbl7tx ......... FP.�,Xl.� P....... T..n , County Attorney P4g.Q.i....Aep.1tyClerk of the Board when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 80-252 RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE GARFIELD COUNTY SUBDIVISON REGULATIONS FOR JIMMY J. AND BETTY E. RIGOLI SS. BOOK 558 rM E74F WHEREAS, Jimmy J. and Betty E. Rigoli 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 51 acre tract described as follows: In book 423 page 1 in the Office of Clerk and Recorder of Garfield County, Colorado into 2 tracts of approximately 41 and 10 acres each, more or less, which proposed divided tract is more particularly described as follows: EXCEPTING THEREFROM a 10.00 acre parcel of land, being more particularly described as follows: Beginning at Corner No. 7 of Homestead Entry Survey No. 38; in Sections 35, and 36, Township 4 South, Range 91 West of the 6th Principal Meridian; thence S 15°54'00" E 2053.26 feet along the northeasterly boundary line of said Homestead Entry Survey No.38; thence S 79° 03'57" W 532.01 feet to a point on the center of Main Elk Creek, the TRUE POINT OF BEGINNING; thence S 79° 03'57" W 694.07 feet to a point on the easterly right-of-way line of a county road right-of-way granted to the Board of County Commissioners of Garfield County by Quit Claim Deed recorded in Book 117 at Page 479 as Record No.74653 of the records of the Clerk and Recorder of Garfield County, the map and description of said road being recorded in Road Plat Book 2 at Page 22 as Record No. 74945 of said Garfield County records; thence along said right-of-way line the following courses: N 01°50'00" E 190.38 feet; thence N 00°48'00" W 69.28 feet; thence leaving said right-of-way line N 79°03'57" E 724.77 feet to a point on the center of Main Elk Creek; thence along the center of Main Elk Creek the following courses: S 22°32'34" E 20.83 feet; thence S 23° 10'50" E 122.62 feet; thence S 18° 30'09" E 106.40 feet; thence S 01°24'32: E 96.83 feet; thence S 44°40'56" W 73.10 feet; thence S 56°07'38" W 75.84 feet; thence S 19°47'43" W 84.66 feet; thence S 21°52'43" W 84.86 feet to the TRUE POINT OF BEGINNING. 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 a 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 general purposes and intent of the subdivision regulations of the State of Colorado and the 1300K 558 ? ME748 County of Garfield, and should, therefore, be exempted from the definition of the. terms "subdivision" and "subdivided land" 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 tract. "A", from the above described 51 acre tract is hereby exempted from such "definitions and said .tract may be divided into tracts "A", 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 Petitiones 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. THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO By: ATTEST: D_puty il- of the . rd of Cou Py Commission- s Garfield County, Colorado Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: Richard. C... Dalley Aye Larry Velasquez Aye laxen..Cer.i.S.t~ Aye Commissioners STATE OF COLORADO 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.