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HomeMy WebLinkAbout4.0 Resolution 82-275ReeorrC ed c iC1 1 N 0_ x46 STATE OF COLORADO ss. County of Garfield 1;!S � iC'n r1T ._ �.. 'i i9:- 'RE.) A� MOR,JF , IL RDE ; fis)f)K 6.10 P4GE986 At a re ula.r•meeting of the Board of County Commissioners for Garfield County, Colorado, held at the Court House in Glenwood Springs on I -Imlay , the ...25t11 day of Qg.tQkgX' A. D. 19.8 , there were present: , Commissioner Chairman .Emg ae "sTr:lii Dr .nkhoue , Commissioner Larry Velasquez , Cornmisszoner ; County Attorney fez ed.. Ei1 S.0 l . Clerk of the Board when the foowing proceedings, among others were had and done, to -wit: RESOLUTION NO. -276- A 27 A RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE GARFIELD COUNTY SUBDIVISION REGULATIONS FOR JACI( AND IRENE•WIGINGTON AND JAEDRO, INC. WHEREAS, Jack and Irene Wigington and Jaedro, Inc. 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 Ccunt, Colorado, adopted January 2, 1979, Sections 2.02.21 (d) and 3.02.01 for the division of a 40 acre tract deg i i as follows; that parcel of land as described in Book 499, Page 497 as filed it if ice of the Clerk and Recorder of Garfield County, Coloradr, into 3 tracts of unately 5, 10, and 25 l.cres each, more or less, which proposed divided tracts are - articularly described as follows: TRACT A: Beginning at the West 1/16th Corner of Section 3, Township South, Range 93 West of the 6th Principal Meridian, Garfield County, Colorado; thence. N.89°44'27"E. 780.00 feet along the north line of the NE14SW4 of said Section 3; thence S.0°17'15"E. 279.60 feet; thence S.89°44'27"W. 780.00 feet; thence N.0°17'15"W. 279.60 feet; along the west line of said NE4SW1/4. to the point of beginning. Containing 5.0066 acres, more or less. TRACT B Beginning at a point of the west line of the NE4SW4 of Section 3; Township. 6 South, Range 93 West of the Sixth Principal Meridian, Garfield County, Colorado; whence the West I/16th Corner of Section 3 bears N.0°17'15"W.,. 279.60 feet; thence S.0°17'15 "E. 560.40 feet along said west line of the NE4SW thence N.89°44`27"E, 780.00 feet:,, thence N.O°17'15"W, 560.40 feet; thence S.89°44'27"W..780.00 feet to the point of beginning. Containing 10.0348 acres, more or less. TRACT C: Beginning at the Center one-quarter of Section 3, Township 6 South, -Range 93 West of the 6th Principal Meridian, Garfield Cour:ty, Colorado; thence. S.0°17'15"E. 1320.42 feet, along the east line of the NE4SW4 of Section 3 to the South 1/16 Corner of Section 3; thence S.89°45'30"W. 1331.98'feet along the south line of said NE4SW4 to the Southwest 1/16 Corner of Section 3; thence N.0°17'15"W. 480.01 feet along the west line of the NE4SW4 of Section 3; thence N.89°44'27"E. 780.00 feet; thence N.0°17'15 "W. 840.00 feet thence N.89°44'27" E, 551.85 feet, along the north line of the NE4SW4 of Section 3, to the point of beginning. Containing 25.3263 acres, more or less. (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 Rel -4.s A Statutes 1973, as amended, for the reason that the impact created does not warrant further 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 reg- ulations of the State of Colorado and the County of Garfield, and should, therefore, be exemptec'. 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 ass more fully described above, and said divided tract may 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"; "B", and "C", and that. a copy of the instrument or instruments of conveyance when recorded shalt_ be filed with this Resolution. ATTEST: Clerk of the Boar BOARD OF COUNTY COMMISSIONERS GARFIELD COUNTY, COLORADO 1 r.. /��pyr G.-.•_ r Chairman Upon motion duly made and seconded the foregoing Resolution was adopted by. the following vote: Aye. Aye 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.