HomeMy WebLinkAbout3.0 Resolution 78-77-c ^
R=cUxu80 i..V?Y `_,-C Lu cK p .m. 464688
C_IUNTT
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF B(lnF.09O6 tt 107
GARFIELD COUNTY, COLORADO
RESOLUTION NO. 78 - -1/
WHEREAS, S. J. Brungs has petitioned the Board of County Commissioners of
Garfield County, Colorado, for an exemption from the definition oftheterms
"subdivision" and "subdivided land" under C.P.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 153 acre tract into three (3) tracts of approximately 3.04
hereafter tract "A", 2.60 hereafter tract "B" and 147.5 hereafter tract "C"
acres, more or less, and said tracts "A" and "B" are more particularly described as
follows:
TRACT "A"
A portion of Lot 1 and the NE1/4NW47 Section 7, Township 5 South, Range -
90 West of the Sixth Principal Meridian, more particularly described
as follows:
Commencing at an iron post and brass cap properly marked and found in
place for the Witness Corner to the Northwest Corner of said Section 7,
whence theTrue Northwest Corner of said Section 7 bears N. 00°55'59" E.
a distance of 66.00 feet; thence S. 47°08'00" E. a distance of 1352.84
feet to a rebar and cap, the True Point of Beginning; thence N. 19°00'12"
E., 97.04 feet to a rebar and cap; thence N. 35°40'48" W. 58.35 feet to
a rebar and cap; thence N. 30°35'17" E. 2.07.50 feet to a rebar and cap;
thence N. 37°19'52" E. 55.84 feet to a point in the existing centerline
of East Elk Creek, thence S. 45°49'55" E. 162.82 feet along said creek
centerline; thence N. 81°2.1'02" E. 80.86 feet along said creek center-
line; thence S. 39°59'35" E. 108.03 feet along said creek centerline;
thence S. 37°52'32" E. 122.31 feet along said creek centerline; thence
S. 00°41'25" E. 115.48 feet along said creek centerline, thence S. 14°
18'30" W. 43.34 feet along said creek centerline; thence leaving said
creek centerline N. 80° 48'33" W. 475.05 feet to the True Point of
Beginning, containing 3.04 acres, more or less.
TRACT "B"
A portion of Lots 1 and 2 and the NENW', Section 7, Township 5 South,
Range 90 West of the Sixth Principal Meridian, more particularly described
as follows:
Commencing at an iron post and brass cap properly marked and found in
place for the Witness Corner to the Northwest Corner of said Section 7,
whence the True Northwest Corner of said Section 7 bears N. 00°55'59"
E. a distance of 66.00 feet; thence S. 47°08'00" E. a distance of 1352.84
feet to a rebar and cap, the True Point of Beginning; thence S. 80°48'33"
E. 475.05 feet to a point in the existing centerline of East Elk Creek;
thence S. 36°49'12" W. 165.25 feet along said creek centerline; thence S.
04°07'2.6" W. 50.92 feet along said creek centerline to a point of inter-
section with the South line of the NEHNi ; thence leaving said creek center-
line S. 88°02'19" W. 170.25 feet along said South line to an iron post and
brass cap properly marked and found in palce for the corner common to said
Lots 1 and 2 and said NE-1NW of Section 7; thence along the East line of
said Lot 2, S. 00°54'03" W. 164.10 feet to a point in the existing center-
line of East Elk Creek, thence leaving said East line and creek centerline
N. 40040'36" W. 118.15 feet to a rebar and cap; thence N. 49°34'50" W.
237.00 feet to a rebar and cap; thence N. 19°00'12" E. 196.29 feet to the
True Point of Beginning; containing 2.60 acres, more or less.
e00xO9O6JAGF1O8
WHEREAS, :the_.Petit_oner:.has demonstrated;to::the satisfaction of the
Board of County Commissioners' `of Garfield County, Colorado,:,tha't. he desires';
said:.exemption- for .the .:purpose .of re -sale of sazz,i:d,.-tracts=.t'At_'::. and!.:.":B':.'.=into
ami residential acreage, and,
single-family - _ -
WHEREAS, the:: Petitionerhas demonstrated :to the:':satisfaction :o f .-the.::
Board of County Commissioners of Garfield County,=:Colorado, that _there is
a reasonable -probability of locating domestic water On each of said -tract -s-,
that . there is adequate ingress and egress to said tracts, that the location;`_.
of septic tanks will be permitted by_*the :ColoradoDepartment of Health, that
the requested division is in accordance with the general purposes and intent
of the Subdivision Regulations of the State of Colorado and: the Count
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)(x)-(d):as:amended;
NOW, THEREFORE, =upon the' motion of Richard C: Jolley seconded by Flaxen: J;
Cerise, and :carried, said 153 acre tract --of,;land is hereby exempted from :s:uch
definitions' -and said tract may be -divided into three tracts _-of 3.04, _2.6; and.
147..5 acres, more or less, all;a
i.s more fully described above and said
divided tract may be conveyed:_in the form of:such_samiler tracts' without further:
compliance with the aforesaid subdivi,sion statutes_ and regulations:::;
copy,,or
the instrument or instruments of conveyance when recorded shall be filed with
this Resolution.
Dated this 8th day of August, A.D., 1978.
Attest:
t/Yl
D puty fl r of the Bo
of Couty Commissioner.
Garfield County, Colorado
- 2
THE BOARD OF COUNTY COMMISSIONERS
OF GARFIELD COUNTY, COLORADO
By: