HomeMy WebLinkAbout2.0 Resolution 79-57Recorded at
:Reception No
JUN 1 2 1979
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29483 irii3 dx ed laodorf, Recorder
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF.
GARFIELD COUNTY, COLORADO
RESOLUTION NO. 79-57
BOOK 529 rAGE695
WHEREAS, Merle and Vivian Carver 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.
1977, 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 2.48 acre tract described as follows:
that parcel of land as described in Document Numbers 229931 and 221170
- as recorded in the Office of the Clerk and Recorder of Garfield County,
- Colorado into 2 tracts of approximately 1.7 and 0.78 acres each, more or
less, which proposed divided tract is more particularly described as
follows:
Tract A: A parcel of land situated in Lot 34 of Section 1,
Township 7 South, Range 89 West of the Sixth Principal
Meridian lying southerly of the southerly line of County
Road No. 154 (formerly State Highway No. 82) and northerly
of the southerly line of said Lot 34, said parcel of land is
described as follows:
Beginning at a Brass Cap found in place and properly marked
for the Southeast corner of said Lot 34, thence N. 89°51'00
W. 365.51 feet along the southerly line of said Lot; thence
N. 15°57'00" E. 71.23 feet; thence N. 74°03'00" W. 13.00 feet
along the northerly side of a building as constructed and in
place to its intersection with a fence as constructed and in
place; thence N. 14°24'23" W. 70.73 feet along said fence;
thence N. 86°42'47" E. to a point on the southerly line of
said County Road No. 154; thence S. 70°42'48" E. 174.00 feet
along the southe:'ly line of said County Road; thence S. 64°
12'05" E. 143.38 feet along the southerly line of said
County Road to the easterly line of said Lot 34; thence
S. 01°31'00" E. 24.35 feet along the easterly line of said
Lot 34 to the point of beginning, containing 0.78 acres more
or less. The street address of which is undesignated situate
on County Road 154 in the State of Colorado and County of
:Garfield; and
BOOK 529 mE696
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
created is not large enough to proceed through formal 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, upon the motion of Richard C. Jolley, seconded by
Larry Velasquez , and carried, the division of the above described tract
from the above described 2.48 acre tract is hereby exempted from such defini-
tions and said tract may be divided into tract "A", 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 Petitioners
that no further exemptions be allowed on said tract "A", and that a copy of the
instrument or instruments of conveyance when recorded shall be filed with this
Resolution.
Dated this lith day of June , A.D. 1979.
THE BOARD OF COUNTY COMMISSIONERS
OF GARFIELD COUNTY, COLORADO
By: = t (. 2,
Chairman
ATTEST: //i''1e,/,' Lipii%,- > lll-C'...-
De uty Clr' rk +bf the Board
of Count Commissioners
Garfield County, Colorado