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HomeMy WebLinkAbout2.0 Resolution 78-84• • BEFORE THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO RESOLUTION NO. 78 - WHEREAS, James Noennig, Trustee for Rimledge Uranium and Mining Trust and Michael L. and Kathleen Strang have jointly 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 September 1, 1972 and amended April 14, 1975 Sections 1.02.17(d) and 3.02.01, for the division of a 3.26 acre tract hereinafter tract "A" owned by Michael L. and Kathleen S. Strang from property owned by them adjacent to and contiguous with said tract "A", and for the division of a similar sized tract hereinafter tract "B" owned by Rimledge Uranium and Mining Liquidation Trust from property owned by them adjacent to and contiguous with said tract "B", and said tracts "A" and "B" are more particularly described as follows: Tract "A" A parcel of land situated in Lot 12 of Section 18, Township 7 South, Range 87 West of the Sixth Principal Meridian lying Easterly of the Easterly line of County Road No. 100, Southerly of the Northerly line and Westerly of the Easterly line of said Lot 12, said parcel of land is described as follows: Beginning at the East Quarter corner of Section 18; thence S. 88° 32'27" W. 1324.03 feet along the East-West centerline of said Section 18 to the Southeast corner of said Lot 12; thence N. 00°20'41" E. 116.90 feet to a point in a fence as constructed and in place the True Point of Beginning; thence N. 87°32'03" W. 216.81 feet along said fence to the Easterly line of County Road No. 100; thence N. 33°23'06" W. 479.76 feet along the Easterly line of said County Road to a point on the Northerly line of said Lot 12 to the North- east corner of said Lot 12; thence S. 00°20'41" W. 412.82 feet along the Easterly line of said Lot 12, to the True Point of Beginning. The above described parcel of land contains 3.26 acres, more or less. Tract "B" Township 7 South, Range 87 West of the 6th Principal Meridian, all that portion of land owned by James Noennig, Trustee for Rimledge Uranimum and Mining Liquidating Trust located in the NWkNE4 of Section 19, lying easterly of the centerline of the County Road as installed running in a_northerly-southerly direction through Sections 18 and 19. WHEREAS, the Petitioners have demonstrated to the satisfaction of the Board of County Commissioners of Garfield County, Colorado, that they desire said exemption for the purpose of exchanging said tracts "A" and "B" in order to equalize a previous land exchange, and further that no third party ownership shall be created on tract "B" by this division without further proceedings as provided for in the Subdivision Regulations of the State of Colorado and the County of Garfield; 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 said tract "A", that there is adequate ingress and egress to said tract "A", that the location of a septic tank will be permitted by the Colorado Department of Health on said tract "A", that the requested division is in accordance with 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 Flaven J. Cerise, seconded by Richard C. Jolley, and carried, said tract "A" and tract "B" are hereby exempted from said tracts may be divided from property adjacent to and such definitions and contiguous with said tracts "A" and "B", all as and said divided tracts may be exchanged in the is more fully described above; form of such smaller tracts without further compliance with the aforesaid statutes and regulations; provided, however, that said exemption is conditioned on the Petitioners obtaining a proper legal description of said tract "B" prior to any conveyance thereof. A copy of the instrument or instruments of conveyance when recorded shall be filed with this Resolution. Dated this 21st day of August, 1978. Attest: //IJV(' 1 �;/ i .fit 1 C CIL �Deputy�lerk of the yrd of County Commissioners Garfield County, Colorado THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO Bv:i - 2 - Larry CA P. ��asquej Cha1rman