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HomeMy WebLinkAbout3.0 Resolution 82-170STATE OF COLORADO County of Garfield SS. Recorded crt Reception No. BOOK 605 FarE 33 o'clock A M. MO 22 1982 1.77 MILDRED ALSDORF, RECORDER At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, , held.at ttie Court House in Glenwood Springiool Monday the 19th day of ly A. D. 19 , there were present: El.alr.en...Cer.i.s.a , Commissioner Chairman Eu$en.e....Drinkhoua.e. , Commissioner Larry Ve1a.s.q.uez , Commissioner Earl B.b.o de.s , County Attorney L ,nne...C1 a..a.d.,....D.e.p.u.ty , Clerk of the Board when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 82-170 A RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE GARFIELD COUNTY SUBDIVISION REGULATIONS‘FOR KRISTI ROBINSON. WHEREAS, Kristi Robinson has 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 40 acre tract described as follows: SW4 SW4 Section 24, Township 6 South, Range 92 West of the 6th Principal Meridian in Garfield County, Colorado into 3 tracts of approximately 10, 10, and 20 acres each, more or less, which proposed dividied tracts are more particularly described as follows: TRACT A: A Tract of land situate in,the SW4 of the SW4 of Section 24, Township 6 South Range 92 West of the 6th Principal Meridian being more particularly described as follows: Beginning at the southeast corner of aid SW4 of the SW4; thence N.00°31'09"W 1312.24 feet to the NW corner of said SW4 of the SW4; thence N.89°07'42"II. 328.91 feet along the north line of said SW4 of the SW4; thence on a line parallel to the west line of said SW4 of the SW4 S.00°31'09"E. 1312.20 feet to the south line of said SW4 of the SW4; thence S.89°07'16"W. 328.91 feet along said south line to the point of beginning, containing 9.908 acres more or less. Together with and subject to a 40 foot access easement of even width lying adjacent to, parallel with and south of the entire length of the north line of the SW4 of the SW4 of Section 24. Together with and subject to easements for construction and maintenance of water. lines, water well and all appertenant facilities necessary to operate and maintain a water system situate in said SW4 of the SW4 of Section 24. Together with a 1/3 interest in and to the water of said well situate in the SW4 of the SW4 of Section 24. TRACT B: A Tract of land situate in the SW4 of the SW%'of Section 24, Township 6 South, Range 92 West of the 6th Principal Meridian being more particularly described as follows: Beginning at a point on the south line of said"SW% of the SW4 whence the SW corner of said SW4 of the SW4 bears 5.89°07'16"W. 328.91 feet; thence on a line parallel to the west line of said SW4 of the SW4 N.00°31'09"W. 1312.20 feet to the north line of said SW4 of the SW%; thence N.89°07'42"E. 328.92 feet along said north line; thence S.00°31'09"E. 655.92 feet on a line parallel to said west line of the SW4 of the SW4; thence N.89°07'42"E. 657.87 feet on a line parallel to the north line of said SW4 of the SW4 to the east line of said SW4 of the SW4; thence S.00°29'47"E. 656.15 feet along said east line to the SE corner of said SW4 of the SW4; thence S.89°07'16"W. 986.53 feet along the south line of said SW4 of the MA; to the point of beginning, containing 19.816 acres, more or less. Together with and subject to a 40 foot access easement of even width lying adjacent to, parallel with and south of the entire length of the north line of the SW4 of the SW4 of Section 24. Together with and subject to easements for construction and maintenance of B0(W 605 NG water lines, water well and all appertenant facilities necessary to operate and maintain a water system situate in said SW4 of the SW4 of Section 24. Together with a 1/3 interest in and to the water of said well situate in the SW' of the SW4 of Section 24. fr .18e )L3 TRACT C: A Tract of land situate in the SW1 of the SW1 of Section 24, Township 6 South, Range 92 West of the 6th Principal Meridian being more particularly described as follows: Beginning at the NE Corner of said SW1 of the SW4; thence S.00°29'47"E, 655.92 feet along the east line of said SW1 of the SW4; thence 5.89°07'42"W. 657.87 feet on a line parallel to the north line of said SW4 of the SA; thence N.00°31'09"W. 655.92 feet on a line parallel to the west line of said S1, of the SA to the north line of said SW1/4 of the SW4; thence N.89°07'42"E. 658.13 feet along said north line to the point of beginning, containing 9.908 acres more or less. Together with and subject to a 40 foot access easement of even width lying adjacent to, parallel with and south of the entire length of the north line of the SW4 of the SW4 of Section 24. Together with and subject to easements for construction and maintenance of water lines, water well and all appertenant facilities necessary to operate and maintain a water system situate in said SW4 of the SW4 of Section 24. Together with a 1/3 interest in and to the water of said well situate in the SW4 of the SW4 of Section 24. (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, and 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 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", "B", and "C" from the above described 40 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: 4 0412 epu y Clerk of the Board BOOK 605 PAGE 336 BOARD OF COUNTY COMMISSIONERS GARFIELD COUNTY, COLORADO t. Ch -i man i` L Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: F.1a3I.ef...Cex.7..S.e Aye Zuggx e....Drix1kh Qua e Aye arxy Velar q.0 z Aye 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. Commissioners