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HomeMy WebLinkAbout2.0 Resolution 79-143S o' uloa . NOV 1 9 1g Aee�orded at �_ Reception ?lo . 7;424.-1:M�: dred Alsdorf, Reor rder BEFORE THE. BOARD OF COUNTY:COMMISSIONERS'.. GARFIELD COUNTY, COLORADO ,RESOLUTION NO. 79=143 WHEREAS, Al:vi n ,L and Patricia A. Cerise have 'peti tinned the Board of County Commissioners of Garfield County, .Colorado, for an -exemption -from -t definition of the terms "subdivisiion" and "subdivided land" under C.R. 30=28-101 (10), (a)=(d), -as amended, and the Subdivision Regulations of Garfie County, •Colorado, adopted January 2, 1979, Sections 2:02.21 (d) and .3.02. for the : division of a 37.80acre tract described as follows: that parcel: land as described in Document No: '283903. as filed in the Office of th.e=_Cler and Recorder of Garfield County, Colorado into 3 tracts of approximate 24.27, 6.62, and 7:2.4 acres each,more or less, which proposed divided tract are more: particularly :descri.bed_as follows: Tract A A: -parcel of land situated in Lot 2 of Section 4, Township 6 South, Range 91 West of the Sixth Principal Meridian, Garfield County, Colorado, lying Northwesterly of the Northwesterly right of-wa; line of U.S: Highway` 6 & 24, said Parcel No l :is more fully described.. as fol l ows: Beginning at the Southwest Corner of said:: Lot 2 thence N.00°33'33", along the Westerlyline of said Lot: 2,225.00 feet. to 9 point = uw= the North, Quarter Corner of said Section 4, -being the .Northwest Corner.::: of said Lot 2, bears : N;.00"33''33"W.107086` feet; thence from Sai:d;_ point N.87°24'29"E. 1152.34 feet to a point on the Southerly bank of the Ware and. Hinds Ditch; thence N.4.0°25'00"E. 111.00 feet along-:' said ditch bank; thence N.500 43'40"E. 88.37 feet along said ditch bank :to a 'point on the Westerly easementl i ne- Of a:30 . foot road ease-: menta thence, along said' easement line, 2.1::32 feet along the arc rot- a. -curve ota-curve to ;the -:right, having a radius::of160:00 feet, the chord: of_-"':::" which bears S.04°14'53"E: 21 .30 feet; thence S.00°25'51"E. along, _ said easement line, .118:27 .feet to a point on said right-of-way l:i.ne;'W thence S.47°14'00"W. along said right-of-way line 382.47 feet to,a, point on the Southerly line ofsaid Lot 2; whence the Southeast corner of said Lot 2 bears:: N.88°57' 38"E.- 312.74 feet; 'thence from said point, S.88°57' 38"W. along said Southerly line :1.011.20 feet t the Southwest corner of said Lot 2, the point.of beginning ao OK 539 PAGE`�49: The above described Parcel No 1 : contains 6.62 acres, more or less.• Tract B: A parcel of land situated in Lot 2of Section 4, Township 6 South, Range 91 West of the Sixth Principal Meridian, Garfield :. County, Colorado, : being more fully described as follows Begi nni:ng :at the North Quar. ter:.Corner.. of said Section 4, °also bei n`g= the Northwest Corner of said Lot 2, thence.N 89°1024"E 1326..80 feet along the Northerly line of -said Section 4;..thence S, 00°25'51 "E 4.28.96 'feet 'along the Easterly li ne of said . Lot 2, thence• 5:89"34' 09" W. I47_.15 feet; thence N.70050'.30"14.1252:09 ..feet to the: point o:f .........:: begi nni n The above described Parcel No 2 -contains 7:24 acres, more or Tess: • Tract C A parcel of land situated in. Lot 2. of Section 4, :Township= 6 :South, Range 91 =West of: the Sixth Principal -Meridian, -.Garfield County, Colorado, being more fully described as 'fol l ows : Beginning at: the North Quarter Corner of sa:i'd Section. 4, al o :being the Northwest. Corner of said::Lot 2, thence S.70°50'30"E 1252.09 feet; thence ::N.89°34'09"E 1:47:15 feet` to a.point on the Easterly line of'sai•d.:Lot 2, thence S.00925 51'.1.E. along the Easterly line of said Lot 2,: 580 .41; feet to:a pointon the Northwesterly right-of-way line of :U.S. 'Hi ghway:6 & 24; .thence. S.:47°14' 00"W: 4Q:.58 feet along:: said right-of-way line; thence N.00°25'51"W: 118.27feet '.along the :Westerly easement line:=of a. 30 foot:road-easement;; thence':21..32 feet along the arc of a curve ::to the left,: ha.vi ng a ` radius of 1.60 00:feet, the chord of which bears : 1\404914'53"W.: 21.30 feet to a point on the Southerly bank of the Ware and -.Hinds Ditch, thence .S:50°43'40"W.I.88.37. feet:along said ditch bank, thence S.40°25'00"W: 111, pa feet along said ditch' -bank: thence: S.87°24'29"W 1152 .34 feet to a:point on the-Westerlythe-WeSterly line of said.Lot 2, thence N.:00033' 33"W. along. the Westerly. l i ne of ,said Lot 2; 1070.86 feet to a point: of beginning The above described parcel of..land contains 24-.47 acres,• more or less. Tracts ''A",- "B", and "C" are located in the State of Colorado and County of Garfield:; and WHEREAS, the.: Petitioners have ;demonstrated .to the satisfaction of the Board of County. Commissioners of Garfield County., -Colorado, that:the- propose 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 BOOK 539 mE750 created is not large enough to proceed through the full subdivision review; 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 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 amended; NOW, THEREFORE, BE IT RESOLVED that the division of the above described tracts "A", "B", and "C" from the above described 37.8 acre tract is hereby exempted from such definitions and said tract may be divided into tracts "A", "B", and "C", 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 understandi-ng 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 Aft --day of ATTEST: uty + o the ; . ; rd of -Count Commissioners Garfield Co»rty, Colorado A.D. 1979. THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO By BOJK 539 ? rEr?'5O created is not large enough to proceed through the full subdivision review; 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 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 amended; NOW, THEREFORE, BE IT RESOLVED that the division of the above described tracts "A", "B", and "C" from the above described 37.8 acre tract is hereby exempted from such definitions and said tract may be divided into tracts "A", "B", and "C", 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 understandi-ng 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 --day of ATTEST: uty o the : . rd of -Count Commissioners Garfield Co-nty, Colorado A.D. 1979. THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO By