HomeMy WebLinkAbout3.0 Resolution 79-38BEFO�.E THE BOARD OF COUNTY COMMISSIONERS OF
GARFIELD COUNTY, COLORADO
RESOLUTION NO.7l-,g
WHEREAS, Alan A. Story 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 6.8 acre
tract described as follows:
A tract of land situated in Lot 7 and Lot 13, Section 33, Township 7
South, Range 87 West of the 6th P.M. described as beginning at a point
in the existing Northerly right-of-way fence line of the Colorado State
Highway iso. 82, whence the Southeast corner of Section 33, T. 7S.,
R. 87 W. of the 6th P.M. bears S. 61°10'17.35" E. a distance of• 4,317.22
feet; thence N. 72°10'02" W. a distance of 1,585.345 feet along the
existing Northerly right-of-way fence line of Colorado State Highway
No. 82; thence N. 17°49' E. a distance of 285.22 feet to the existing
fence line; thence S. 82°37'15" E. a distance of 1,446.352 feet along the
above fence line to the Northwest corner of the lands described in Reception
No. 235358 in the records of the Garfield County, Colorado, Clerk and
Recorder; thence S. 1°15' W. a distance of 571.41 feet along the West
line of the land described in the above Reception No. 235358, to the
point of beginning.
Excepting therefrom, however, all the following described property;
Tract in Lot 7 and Lot 13,Section 33, Township 7 South, Ronne 87 West
of the.6th P.M. described as beginning at a point in the existing
Northerly right-of-way fence line of State Highway No. 82 whence the
Southeast corner of Section 33, Township 7 South, Ranee 87 West of
the 6th P.M. bears S. 62°35'16" E. a distance of 4,948.19 feet; thence
N. 72°10'02" W. a distance of 944.115 feet along said Northerly right-
of-way fence line; thence N. 17°49' E. a distance of 285.22 feet to
the existing fence line; thence S. 82°37'15" E. a distance of 904.63
feet along the existing fence line; thence S. 10°54'2" W. a distance
of 452.66 feet to the point of beginning in the County of Garfield,
State of Colorado.
AND INCLUDING, but without any warranty whatsoever, all water and
water rights, ditches and ditch rights, wells and well rights appurtenant
thereto, including specifically but without limitation the following:
0.625 cubic feet of water per second of time out of the Patterson and
Cummings Ditch in Water District No. 5, formerly known as District No. 36,
being allocated out of Priority No. 210AAA and out of Priority No. 605
adjudicated to said Ditch, and 0.11 cubic feet per second of time out of
the Moffett Well of which the State Engineer's No. is 30828 into 3
tracts of approximately 2.0 acres each, more or less, which proposed
divided tracts are more particularly described as follows:
Tract A: A tract of land situate in Section 33, Township 7 South,
Range 87 West of the 6th Principal Meridian being more particularly
described as follows:
Beginning at a point on the existing northerly right-of-way fence line
of Colorado State Highway No. 82 whence the southeast corner of said
Section 33 bears S 61°10'17" E 4317.22 feet; thence N 72°10'02" W 167.20
feet along said right-of-way fence; thence N 00°19'16" E 542.80 feet to
an existing fence line; thence S 82° 19' 30" E 170.11 feet along said
existing fence line to a point on the westerly line of a tract of land
described in Reception No. 235358 of the records of the Clerk and
Recorder's Office, Garfield County, Colorado, thence S O1°15'00" W 571.41
N
feet along said wes-cerly line of Reception No. 235358 to the point
of beginning, containing 2.102 acres moreor less.
Subject to an easement for ingress and egress situate in Section 33,
Township 7 South, Range 87 West of the 6th Principal Meridian, being
more particularly described as follows:
Beginning at a point on the existing northerly right-of-way fence
line of Colorado State Highway No. 82 whence the southeast corner
of said Section 33 bears S 62° 09' 48" E 4740.35 feet; thence N 07°
25' 51" E 60.00 feet; thence S 72° 10' 02" E 285.33 feet; thence
S 00° 19' 16" W 61.88 feet to a point on said northerly right-of-way
fence line; thence N 72° 10' 02" W 293.12 feet along said northerly
right-of-way fence line to the point of beginning, containing 0.391
acres more or less.
Tract B: A tract of land situate in Section 33, Township 7 South,
Range 87 West of the 6th Principal Meridian being more particularly
described as follows:
Beginning at a point on the existing northerly right-of-way fence
line of Colorado State Highway No. 82 whence the southeast corner of
said Section 33 bears S 62° 09' 48" E 4740.35 feet; thence N 07° 25'
51" E 491.94 feet to an existing fence line; thence S 82° 19' 30"
E 191.61 feet along said existing fence line; thence S 00° 19' 16"
W 542.80 feet to said existing northerly right-of-way fence line of
Colorado State Highway No. 82; thence N 72° 10' 02" W 263.12 feet
along said existing northerly right-of-way fence line of Colorado
State Highway No. 82 to the point of beginning, containing 2.645
acres more or less.
Subject to and together with an easement for ingress and egress situate
in Section 33, Township 7 South, Range 87 West of the 6th Principal
Meridian, being more particularly described as follows:
Beginning at a point on the existing northerly right-of-way fence
line of Colorado State Highway No. 82 whence the southeast corner
of said Section 33 bears S 62° 09' 48" E 4740.35 feet; thence N 07°
25' 51" E 60.00 feet; thence S 72° 10' 02" E 285.33 feet; thence S 00°
19' 16" W 61.88 feet to a point on said northerly right-of-way fence
line; thence N 72° 10' 02" W 293.12 feet along said northerly right-
of-way fence line to the point of beginning, containing 0.391 acres
more of less.
Tract C: A tract of land situate in Section 33, Township 7 South,
Range 87 West of the 6th Principal Meridian, being more particularly
described as follows:
Beginning at a point on the existing northerly right-of-way fence line
of Colorado State Highway No. 82 whence the southeast corner of said
Section 33 bears S 62° 09' 48" E 4740.35 feet; thence N 72° 10' 02"
W 210.90 feet along said existing northerly right-of-way fence line of
Colorado State Highway No. 82; thence N 100 54' 20" E 455.46 feet to
an existing fence line; thence S 82° 19' 30" E 179.83 feet along said
existing fence line; thence S 07° 25' 51" W 491.94 feet to the point
of beginning, containing 2.109 acres more or less.
Together with an easement for ingress and egress situate in Section 33,
Township 7 South, Range 87 West of the 6th Principal Meridian being
more particularly described as follows:
Beginning at a point or the existing northerly right-of-way fence line
of Colorado State Highway No. 82 whence the southeast corner of said
Section 33 bears S 62° 09' 48" E 4740.35 feet; thence N 07° 25' 51"
E 60.00 feet; thence S 72° 10' 02" E 285.33 feet; thence S 00° 19' 16"
W 61.88 feet to a point on said northerly right-of-way fence line;
thence N 72° 10' 02" W 293.12 feet along said northerly right-of-way
fence line to the point of beginning, containing 0.391 acres more or
less.
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
is not large enough to proceed through the subdivision procedure; 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, upon the motion of Lary , seconded by
e . Jo l 1 e , and carried, the division of the above described
1
tracts "A", "B", and "C" for the above described (,. 8 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 he filed with
this Resolution.
Dated this 3014, day of nil , A.D. 1979.
THE BOARD OF COUNTY COMMISSIONERS
OF GARFIELD COUNTY, COLORADO
ATTEST: /fi _—;+AL
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of Count? �Comnissioners
Garfield County, Colorado
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