HomeMy WebLinkAbout3.0 Resolution 79-164BEFORE THE BOARD OF COMFY COMMISSIONERS OF
GA,RF IELD? COUNTY, COLORADO
RESOLUTION NO.79--164
WHEREAS, H. W. 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,
adop:ed January 2, 1979, Sections 2.02.21 (d) and 3.02.01 for the division of
a 26.64 acre tract described as follows: that parcel of land as described in
Book 535 at Page 351 as filed in the Office of the Clerk and Recorder of
Garfield County, Colorado into 4 tracts of approximately 3.63, 4.07, 6.17 and
12.77 acres each, more or less, which proposed divided tracts are more parti-
cularly described as follows:
Tract A: A tract of land situated in Lot 6 of Section 33, Town-
ship 7 South, Range 87 West of the 6th Principal Meridian, Garfield
County, Colorado, and lying southerly of the southerly right-of-way
line of Colorado State Highway No. 82, said tract of land being
;;Qrtl particularly descrrood as iC t CYv
:
Beginning at a point whence a brass cap found in place and properly
marked for the Southeast Corner of said Section 33 bears S.01°15'00
W 613.40 feet and S.73°31'11" E 3151.35 feet; thence N.89°37'00"9:1.
497.81 feet; thence N.01°15'00" E 395.58 feet to a point on the
southerly right-of-way line of said State Highway No. 82; thence
S.72°10'33" E 519.33 feet along the southerly right-of-way line of
said State Highway No. 82; thence S.01°115'00" W 239.90 feet to the
point of beginning, containing 3.63 acres more or less.
Tract B: A tract of land situated in Lot 6 of Section 33, Town-
ship 7 South, Range 87 West of the 6th Principal Meridian, Garfield
County, Colorado, being more particularly described as follows:
Beginning at a point on the Southerly line of said Lot 6 whence a
brass cap found in place and properly marked for the Southeast Cor-
ner of said Section 33 bears S.73°31'11" L 3151.35 feet; thence N.89°
37'00" W 1000.26 feet along the Southerly line of said Lot 6; thence
N.00°59'29" E 459.15 feet; thence S.82°38'00" E 597.86 feet; thence
N.01°15100" E 22.6.91 feet; thence S.89°37'00" E 497.81 feet; thence
S.01°15'OO" W 613.40 feet to the point of beginning, containing 12.77
acres more or less.
Traci: C: A tract of land situated in the NU'4S8 of Section 33, Town-
ship 7 South, Range 87 West of the 6th Principal Meridian and also in
Lots 6 and 9 of said Section 33, Garfield County, Colorado, and lying
westerly of the Easterly boundary line of Garfield County, said tract
of land being more particularly descrihed as follows:
Beginning at a point on the Southerly line of said Lot 6 whence a
brass cap found in place and properly marked for the Southeast Cor-
ner of said Section 33 bears S.73°31'11" E 3151.35 feet; thence N.01°
15'00" E 456.86 feet; thence S.89°37'00" E 583.39 feet to a point on
said Easterly boundary line of Garfield County, Colorado; thence S.00°
00'20" W 456.82 feet along said Easterly boundary line of Garfield
County to a point on the Southerly line of said Lot 9; thence N.89°37'
00" W 593.32 feet along the Southerly lines of said Lots 9 and 6 to
the point of beginning, containing 6.17 acres more or less.
Tract D: A tract of land situated in the NWSE-, of Section 33, Town-
ship 7 South, Range 87 West of the Gth Principal Meridial, and also in
Lot 6 of said Section 33, Garfield County, Colorado, lying westerly
of the Easterly boundary lino of Garfield County, Colorado, and south-
erly of the southerly right-of-way line of Colorado State Highway
No. .82, said tract of land being more particularly described as
follows:
Beginning at a point whence a brass cap found in place and properly
marked for the Southeast Corner of said Section 33 bears S.01°15'00"
W 456.86 feet and S.73°31'11" E 3151.35 feet; thence N.01°15'00" E
396.44 feet to a point on the southerly right-of-way line.of said
State Highway No. 82; thence S.72°10'33" E 603.73 feet along the
southerly right-of-way line of said State Highway No. 82 to a point
on said Easterly boundary line of Garfield County, Colorado; thence
S.00°00'20" W 2.15.44 feet along said Easterly boundary line of Gar-
field County, Colorado; thence N.89°37'00" W 583.39 feet to the point
of beginning, containing 4.07 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 created
is not large enough to proceed through the full subdivision review;
and
411
WHEREAS, the Petitioner has demonstrated to the sas faction of the Board
of County Commissioners of Garfield County, Colorado, that there is a reason-
able 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 arnen_ded;
NOW, THEREFORE, BE IT RESOLVED that the division of the above described
tracts "A", "B", "C" and "D" from the above described 26.64 acre tract is
hereby exempted from such definitions and said tract may he divided into tracts
"A", "B", "C" and "D", 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" "C" and "D" and that a copy of the instru-
ment or instruments of conveyance when recorded shall be filed with this
Resolution.
Dated this 24th day of December, A.D. 1979.
ATTEST: t. t. IU d44-
�e'uty C er`kof,the Bo d
of Count, Commissioner
Garfield County, Colorado
THE BOARD OF COUNTY COMMISSIONERS
OF GARFIELD COUNTY, COLORADO