HomeMy WebLinkAbout3.0 Resolution 76-67The original Senate Bill Exemption request dated
June 21, 1976 was approved subject to a variance
being granted by the Board of Adjustment. Request
for a variance was denied on July 29, 1976.
Subsequent request for Senate Bill 35 Exemption
did not require a variance. Second request for
exemption was approved on October 25, 1976.
r
• •
RESOLUTION OF EXEMPTION - iC 7
WHEREAS, Elk Creek Development, Inc. a Colorado Corp-
oration has requested the Board of County Commissioners of Garfiel
County, Colorado for an exemption from 1973 C.R.S. 38-28-101 and
the Garfield County Subdivision Regulations for the partition of
its property in the NE4 of Section 25, Township 5 South, Range 91
West of the 6th P.M. into two tracts, one of which will be less
than 35 acres in area which tract is described in Exhibit "A"
attached hereto and incorporated herein by reference.
WHEREAS, the Petitioner has shown to the satisfaction
of the Board of County Commissioners of Garfield County, Colorado
that it desires an exemption for the purpose of resale into
single family residential acreage, and
WHEREAS, the Petitioner has demonstrated to the satis-
faction of the Board that the 2.00 acre tract can be adequately
served with domestic water; that there is adequate access to the
tract via dedicated road; that the sewage disposal system to be
constructed will comply with State of Colorado and Garfield
County standards and that the requested exemption is in accord
with the general purposes and intent of the subdivision laws of
the State of Colorado and presents no problem related to the
intensive use of land or division of utilities and services and
it is not intended that the tract of land owned by the Petitioner
be further subdivided at the present time, and
THEREFORE, the proposed partition of land should be
exempted from the definition of the terms "subdivision" and
"subdivided land" as set forth in 1973 C.R.S. 38-28-101 in the
Garfield County Subdivision Regulations.
NOW, THEREFORE, upon motion of 772.-
seconded by //,��
partition of the subject property into two tracts is hereby
and. unanimously carried, the
4 •
exempted from such definition and said property may be parti-
tioned into a tract of 2.00 acres, more or less, described in
Exhibit "A" hereto attached, and a tract of land comprising the
remainder of the acreage owned by the Petition in the NE4 of
Section 25, Township 5 South, Range 91 West of the 6th P.T.;
provided, however, any sewage disposal system to be installed on
the 2.00 acre tract shall comply with the state and county
sanitary regulations and be approved by the County Sanitarian;
provided further, a copy of the instrument or instruments of
conveyance, when recorded, shall be filed with this resolution.
Dated this - day of-,,f(.Z-A-L , 1976
THE BOARD OF COUNTY COMMISSIONERS OF
GARFIELD COUNTY, COLORADO:
01:1 r
rn
RESOLUTION OF EXEMPTION t- -'
w . 1976
L t, 4
..PLANNER'
WHEREAS, Elk Creek Development, Inc. a Colorado Corp-
oration has requested the Board of County Com,uissioners of Garfield
County, Colorado, for an exemption from 1973 C.R.S. 38-28-101
and the Garfield County Subdivision Regulations for the partition
of its property in the NE4 of Section 25, Township 5 South, Range
91 West of the 6th P.M. into two tracts, one of which will be
less than 35 acres in area,which tract is described as:
and,
A parcel of land situated in the SW4NE k of
Section 25, Township 5 South, Range 91 west
of the 6th P.M., lying Southerly of a 10 foot
easement, said easement running along the
Southerly line of the Elk Creek Development
Unit No. 1, Westerly of the Westerly right-
of-way line of a 40 foot road known as Apache
Drive and Easterly of the centerline of the
Coryell Ditch as constructed and in place,
said parcel of land is described as follows:
Beginning at a point on the Westerly right-
of-way line of said road whence the Quarter
Corner common to Sections 24 and 25, in said
township and range bears N. 20°51'08" W.
2465.99 feet; thence S. 46°56'58" West 171.33
feet to a point in the center of said ditch;
thence N. 46°43'25" W. 49.13 feet along the
center of said ditch; thence N. 32°49'52" W.
47.47 feet along the center of said ditch;
thence N.21°05'56" E. 30.09 feet along the
center of said ditch; thence N. 46°18'55" E.
46.23 feet along the center of said ditch;
thence N. 19°27'22" E. 39.75 feet along the
center of said ditch; thence N. 18°06'51" E.
51.63 feet along the center of said ditch;
thence S. 75°46'10" E. 9.58 feet to a point
on the Southerly line of said 10 foot easement;
thence S. 62°30'40" E. 113.85 feet along the
Southerly line of said easement to a point on
the Westerly right-of-way line of said road;
thence S. 22°18'20" W. 29.95 feet along the
Westerly right-of-way line of said road;
thence S. 34°42'40" E. 25.00 feet along the
Westerly right-of-way line of said road, to
the point of beginning, containing 0.51
acres, more or less.
The above described parcel of land is subject
to the Coryell Ditch easement.
WHEREAS, the Petitioners have shown to the satisfaction
of the Board of County Commissioners of Garfield County, Colorado,
that they desire said exemption for the purpose of resale into
single family residential acreage, and
WHEREAS, the Petitioners have demonstrated to the sat-
isfaction of the Board that the .51 acre tract can be adequately
served with domestic water; that there is adequate access to the
tract via dedicated road; that the sewage disposal system to be
constructed will comply with State of Colorado and Garfield
County standards and that the requested exemption is in accord
with the general purposes and intent of the subdivision laws of
the State
intensive
it is not
of Colorado and presents no problem related to the
use of land or division of utilities and services and
intended that the tract of land owned by the Petitioner
be further subdivided at the present time, and
THEREFORE, the proposed partition of land should be
exempted from the definition of the terms "subdivision" and
"subdivided land" as set forth in 1973 C.R.S. 38-28-101 in the
Garfield County Subdivision Regulations.
NOW, THEREFORE, upon motion of
seconded by L and unanimously carried, the
partition of the subject property into two tracts is hereby
exempted from such definition and said property may be partitioned
into a tract of .51 acres, more or less, described as Parcel.ar1
on Exhibit B hereto attached, and a tract
the remainder of the acreage owned by the
of Section 25, Township 5 South, Range 91
of land comprising of
Petitioners in the NE4
West of the 6th P.M.;
provided, however, any sewage disposal system to be installed on
the .51 acre tract shall comply with the, state and county sanitary
regulations and be approved by the County Sanitarian; provided
further, a copy of the instrument or instruments of conveyance,
when recorded, shall be filed with this resolution.
Dated this -2/41
r day of , 1976.
Witness my
Colorado.
THE BOARD OF COUNTY COMMISSIONERS OF
GARFIELD COUNTY, COLORADO:
By 4>--1
hand and the sea lof the County of Garfield,
ATTEST:
Gar field CoElla Stephens,
1 and Recorder
PfbUi et `Gt,t, r^ f�nC? T [A 'F lC (iCkt (Vl�
e -a%- oct_((y r.)cti,cC/ iDvi&ci �tt�p�Z f�Lti
Cup 4'1et ('oUct i 3cc�yen -2- r, { O't(
i'irk 1 !; i n .. 1 0GLl -+.. '�t`' ILLt11 I ILL Ua.l L
7 4-1672
ty erk
v`f E Gt l s E �Li /71 o -Li
1.Cf tL Lc ��
c, 1 /0-f-- ,
�_ t t L
T55,/2 9/OF THE 'jTH,PAi
NOTE: Bearings for this survey esrab- O <�
Iished from existing corr3rs a -r-
found in the Elk Creek Development
Unif No.I.
i
/ At
K/9 27,22 1
. 1
/ 0
AC-1,0"/BS-6-2' / e
463
/
/
/
c` , 1-4,
�,/ \
Qb 0?
\ o
Ar46 X43 2Sit! \
49./3
t<:::(7c.„
/ /` ,1+ !r /�•i
s
/
s em .•� 2° / N.'.'
/ L/,'
C, o / I /.7/
' j
o
e,, 2gh //1, ricii
skb
c
5rb
r.�
Rte. 1
s4, -1C. snoo
�fj•+'It 56'. 9:4-
/1't • 1;.,171 -BAR E 441A S7747 CAP -
3
R
SCALE' 1 /4CH - SOP(ET
GARF I E LD COUNTY
COLORADO
A parcel of land situated in the SW4NE4 of Section 25, Township 5 South, Range
91 West of the Sixth Principal Meridian, lying Southerly of a 10 foot easement,
said easement running along the Southerly line of the Elk Creek Development Unit
No. 1, Westerly of the Westerly right-of-way line of a 40 foot road known as
Apache Drive and Easterly of the centerline of the Coryell Ditch as constructed
and in place, said parcel of land is described as follows:
Beginning at a point on the Westerly right-of-way line of said road whence the
Quarter Corner common to Sections 24 and 25 in said township and range bears:
N.20'51'08" W. 2465.99 feet; thence S.46456'58" W. 171.33 feet to a point in the
center of said ditch; thence N.46°43'25" W. 49.13 feet along the center of said
ditch; thence N.32°49152" W. 47.47 feet along the center of said ditch; thence
N.21'05'56" E. 30.09 feet along the center of said ditch; thence N.46'18'55" E.
46.23 feet along the center of said ditch; thence N.19°27'22" E. 39.75 feet along -
the center of said ditch; thence N.I8'05'51" E. 51.63 feet alono the center of
said ditch; thence S.75°46'10" E. 9.58 feet to a point on the Southerly line of
said 10 foot easement; thence S.62'30'40" E. 113.85 feet along the Southerly line
of said easement to a point on the Westerly right-of-way line of said road; thence
S.22'18'20" W. 29.95 feet along the Westerly right-of-way line of said road; thence
S.34'42'40" E. 25.00 •feet along the Westerly right-of-way line of said road, t� the
point of beginning, containing 0.51 acres, more or Tess. _
The above described parcel of land is subject to the Coryell Ditch. easement.
January 12, 1972
SCARROW AND WALKER, -INC. -- .�V � oh
Robert D. Scarrow
��
Registered Land Surveyor