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HomeMy WebLinkAbout3.0 Resolution 80-18i.=t ftecor _ y, FEB-- 5 1980 " (�' - A..: I ,. Ld Alsdorf. Recorder P.Ce�:� ic.ai r�::. 1 ► STATE OF COLORADO County of Garfield Ata regular ss. held at the Court House in Glenwood Springs on February A. D. 19 80 BOOK PAGE 45 meeting of the Board of County Commissioners for Garfield County, Colorado, MQnciay the 4t11 day of , there were present: , Commissioner Chairman Fl aven Cerise , Commissioner Larry Velasquez , Commissioner Arthur A. Abplanalp, Jr. , County Attorney Nancy Sprick Page, Deputy Clerk of the Board when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 80-18 RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE GARFIELD COUNTY SUBDIVISION REGULATION WHEREAS, W. F. and Myrtle E. Scarrow 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 5.34 acre tract described as follows: that parcel of land as described in Book 400 at Page 588 as filed in the Office of the Clerk and Recorder of Garfield County, Colorado into 2 tracts of approximately 2.0 and 3.34 acres each, more or less, which proposed tract is more particularly described as follows: Tract A: A two (2) acre tract of land lying South of the County Road and being situated in Lot 3 of Section 31, Township 6 South, Range 94 West of the Sixth Principal Meridian and in the Northeast quarter of the Southeast quarter of Section 36, Township 6 South, Range 95 West of the Sixth Principal Meridian, and described as follows: Beginning at Corner No. 1, the intersection of the East-West quarter line of said Section 36 and the Westerly right-of-way line of the County Road, whence the East quarter corner of said Section 36 bears East along said East-West quarter line a distance of 30.0 feet; thence South 9°31' East along said Westerly right- of-way line of said County Road 614.2 feet to Corner No. 2, a point on the South right-of-way line of the County Road; thence North 80°43' East along said Southerly right-of-way line 57.5 feet to Corner No. 3; thence South 6°40' East 510.78 feet along the Westerly right-of-way line of said County Road to the true point of beginning; thence continuing along the Westerly right-of-way line of said County Road South 6°40' East 235.72 feet to a point on the Southerly line of said Lot 3; thence Westerly along said Southerly line of said Lot 3 and the Southly line of said Northeast quarter of the Southeast quarter of said Section 36 a distance of 369.76 feet; thence North 7°48' West 236.31 feet; thence Easterly 374.47 feet to the Westerly right-of-way line of a County Road, the place of beginning, and containing 2.00 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, Article 28, Title 30, Colorado Revised Statutes 1973, as amended, for the reason that they wish to give Tract. "A" to their son; 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 Tract "A" from the above described 5.34 acre tract is hereby exempted from such BOOK 543 PAcE246 definitions and said tract may be divided into tract "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 Petitioners 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. Adopted the 4th, day of February , A.D. 1980. THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO Bv: ATTEST: Deputy C1/trk of the Boar of aunt Commissioners Garfield County, Colorado Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: Flayen Cerise Aye Larry Vel asguez Aye Aye, STATE OF COLORADO County of Garfield s 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.