HomeMy WebLinkAbout2.0 Resolution 79-43.5-42
Recorded at . o' ciookM -_ MAY 1 7 19l..9
Reception No J, _ . Mildred Alsdorf, Recorder
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF
GARFIELD COUNTY, COLORADO
RESOLUTION NO. 79-43
BOOK
528 • Pd3E53
WHEREAS, Flaven J. and Wilma A. Cerise have 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 114 acre tract described as follows:
All of those portions of Lots 9 and 14 of Section T.8S. R.88 W. and Lot 1 of
Section T.8S. R.88 W. lying easterly of the center of the Crystal River, and all
of Lot 7 of Section T.8S. R.88 W. and Lot 5 of Section T.8S. R.88 W. of the 6th
P.M. into 3 tracts of approximately 2.0, 2.0, and 110 acres each, more or
less, which proposed divided tracts are more particularly described as
follows:
Tract A: A parcel of land situated in Lot 7, Section 11, Township 8
South, Range 88 West of the Sixth Principal Meridian, Garfield County,
Colorado, more particularly described as follows:
Commencing at a rebar and cap at the S.W. Corner of said Section 11
(whence an iron post and brass cao properly marked and found in place for
the Witness Corner of said S.W. Corner bears S. 00°08'29" E. 27.18 feet),
thence N. 74°58'26" E. 1724.58 feet to the S.E. Corner of said Lot 7,
the True Point of Beginning; thence S. 88°29'47" W. along the South Line
of said Lot 7 170.83 feet; thence leaving said South Line N. 00°21'22" W.
417.51 feet; thence N. 88°29'47" E. 170.83 feet to the East Line of said
Lot 7; thence S. 00021122" E. along said East Line 417.51 feet to the True
Point of Beginning; containing 1.6370 acres more or less and a parcel of
land situated in Lot 10, Section 11, Township 8 South, Range 88 West of
the Sixth Principal MEridiap, Garfield County, Colorado, more particularly
described as follows:
Commencing at a rebar and cap at the Southwest Corner of said Section 11
(whence an iron post and brass cap properly marked and found in place for
the Witness Corner to said Southwest Corner bears S. 00°08129" E. 27.18
feet), thence N. 74058126" E. 1724.58 feet to the Southwest Corner of
said Lot 10, the True Point of Beginning, thence N. 00°12'22 W. along
BOOK 528 PAGr5541O
the West Line of said Lot 10 417.51 feet; thence N. 88°29'47" E. 22.87
feet to the westerly line of Prince Creek County Road (said westerly line
lying 30.00 feet westerly of the existing centerline of said Prince Creek
County Road); thence along said westerly line S. 04°28'26" E. 417.98 feet;
thence leaving said westerly line S. 88°29'47" W. 52.89 feet to the True
Point of Beginning; containing 0.3760 acres more or less.
Tract B: A parcel of land situated in Lot 7, Section 11, Township 8 South,
Range 88 West of the Sixth Principal Meridian, Garfield County, Colorado,
more particularly described as follows:
Commencing at a rebar and cap at the S.W. Corner of said Section 11,
(whence an iron post and brass cap properly marked and found in place for
the Witness Corner to said S.W. Corner bears S. 00°08'29" E. 27.18 feet),
thence N. 43°13'00" E. 2420.46 feet to the N.E. Corner of said Lot 7, a
point lying within the right-of-way of Prince Creek County Road, the True
Point of Beginning; thence S. 00°21'22" E. along the East Line of said
Lot 7 and within said right-of-way 478.22 feet; thence leaving said East
Line along a curve to the right, having a radius of 52.87 feet and a
central angle of 08°01'48", a distance of 7.41 feet (chord bears S. 87°
22'51" W. 7.40 feet) to the westerly line of said Prince Creek County
Road (said westerly line lying 30.00 feet westerly of the existing
centerline of said Prince Creek County Road); thence leaving said right-of-
way along a curve to the right, having a radius of 52.87 feet and a central
angle of 37°47'06", a distance of 34.86 feet (chord bears N. 69°42'35"
W. 34.24 feet); thence N. 50°49'00" W. 108.09 feet; thence along a curve
to the left, having a radius of 160.53 feet and central angle of 36°32'33",
a distance of 102.38 feet; thence N. 02°57'44" E. 373.05 feet to the North
Line of said Lot 7; thence S. 87°02'16" E. along said North Line of Lot 7
159.81 feet to said westerly line of Prince Creek County Road; thence
S. 87°02'16" E. 35.51 feet to the True Point of Beginning; containing 2.0000
acres more or less; and
WHEREAS, the Petitioners have 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 Petitioners have demonstrated to the satisfaction of the
BOOK
ounty'Commissoners of Garfield County, Colorado, that there is
asonable probability of locating domestic water on each of said tracts,
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is adequate ingress and egress to said tracts, that the location
tanks will be permitted by the Colorado Department of Health, that
requested division is not part of an existing or larger development and
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
'.5.ubdiVided land" as set forth in C.R.S. 1973, 30-28-101 (10) (a) -(d), as
amended;
NOW, THEREFORE, upon the motion of Larry Velasquez
R.C. Jolley
, seconded by
, and carried, the division of the above
described tracts "A" and "B" from the above described 114 acre tract is hereby
exempted from such definitions and said tract may be divided into tracts
u
and "B", allas is more fully described above, and said divided tract
may 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 under-
standing and agreement of the Petitioners that no further exemptions be
allowed on said tracts "A" and "B", and that a copy of the instrument or
instruments of conveyance. when recorded shall be filed with this Resolution.
Dated this
14th day of
-ATTEST:
May
De uty C r of the guard
of Count Commissioners
Garfield County, Colorado
A.D. 1979..
THE BOARD OF COUNTY COMMISSIONERS
OF GARFIELD COUNTY, COLORADO
B 2
Chairman