HomeMy WebLinkAbout2.0 Resolution 78-127• •
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF
GARFIELD COUNTY, COLORADO
RESOLUTION NO. 78 -/ 7
WHEREAS, Paul Dennis Carroll and Richard H. Carroll, by and through
their agent, Patrick M. Fitzgerald, 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 September 1, 1972 and amended
April 14, 1975, Sections 1.02.17 (d) and 3.02.01, for the division of
a ten (10) acre tract into one (1) tract of approximately 5 acres
(hereinafter tract "A") and two (2) tracts of approximately 2.5 acres
each (hereinafter tracts "B" and "C"), more or less, and said tracts
"A", "B" and "C" are more particularly described as follows:
Tract "A"
A tract of land situated in the SW SW4 Section 3, Township 7
South, Range 89 West of the Sixth Principal Meridian,
Garfield County, Colorado, more particularly described as
follows:
Commencing at the Southwest corner of said Section 3;
thence N. 01°01'32" W. along the West line of said Section 3,
749.77 feet to a rebar and cap, the True Point of Beginning;
thence leaving said West line S. 77°00'00" E. 550.43 feet
to a rebar and cap; thence N. 89°56'14" E. 397.71 feet to a
rebar and cap and the Westerly right-of-way of a county road;
thence along said right-of-way S. 23°25'16" W. 227.24 feet to
a rebar and cap; thence leaving said right-of-way S. 89°
56'14" W. 837.76 feet to a rebar and cap and the West line of
said Section 3; thence along said West line N. 01°01'32"
W. 332.87 feet to the True Point of Beginning; containing
5.00 acres, more or less.
Tract "B"
A tract of land situated in the SW4SW1/4 Section 3, Township
7 South, Range 89 West of the Sixth Principal Meridian,
Garfield County, Colorado, more particularly described as
follows:
Commencing at the Southwest Corner of said Section 3; thence
N. 01°01'32" W. along the West line of said Section 3, 416.90
feet to a rebar and cap, the True Point of Beginning; thence
leaving said West line N. 89°56'14" E. 837.76 feet to a rebar and
cap and the Westerly right-of-way of a county road; thence
along said right-of-way S. 23°25'16" W. 147.07 feet to a rebar
and cap; thence leaving said right-of-way S. 89°56'14" W. 776.89
feet to a rebar and cap and the West line of said Section 3;
thence along said West line N. 01°01'32" W. 134.91 feet to the
True Point of Beginning; containing 2.50 acres, more or less.
Tract "C"
A tract of land situated in the SW1/4SW4 Section 3, Township 7
South, Range 89 West of the Sxith Principal Meridian, Garfield
County, Colorado, more particularly described as follows:
• •
CorrmeBcing at the Southwest corner of said Section 3; thence
N. 01 01'32" W. along the West line of said Section 3, 283.79
feet to a rebar and cap, the True Point of Beginning; thence
leaving said West line N. 89°56'14" E: 776.89 feet to a rebar
and cap and the Westerly night -of -way of a county road; thence
along said right-of-way S. 23°25'16" W. 94.78 feet; thence
along said right-of-way S. 20°46'21" W. 63.49 feet to a rebar
and cap; thence leaving said right-of-way S. 89°56'14" W. 714.07
feet to a rebar and cap and the West line of said Section 3;
thence along said West line N. 01°01'32" W. 146.29 feet to
the True Point of Beginning; containing 2.50 acres, more or less.
WHEREAS, the Petitioners
Board of County Commissioners
desire said exemption for the
have demonstrated to the satisfaction of the
of Garfield County, Colorado, that they
purpose of resale of said tracts
"A" "B"
and "C" into single-family residential acreage, and;
WHEREAS, the Petitioners have not demonstrated to the satisfaction
of the Board of County Commissioners of Garfield County, Colorado, that
the requested division is in accordance with the general purposes and
intent of the Subdivision Regulations of the State of Colorado and
the County of Garfield, and;
WHEREAS, there is no evidence that there is a reasonable probability
of obtaining domestic water for each of said tracts, and that building
sites conforming to the Garfield County Zoning Resolution are available
on each of said tracts, said ten (10) acre tract is deemed unsuitable
for further subdivision;
NOW, THEREFORE, upon the motion of Flaven J. Cgrise, seconded by
Richard C. Jolley, and carried, said exemption request by Paul Dennis
Carroll and Richard H. Carroll is hereby denied and said ten (10) acre tract of
land shall not be conveyed in the form of such smaller tracts except
persuant to full compliance with the Subdivision Regulations of the State
of Colorado and the County of Garfield.
Dated this 27th day of November, A.D., 1978.
THE BOARD OF COUNTY COMMISSIONERS
OF GARFIELD COUNTY, COLORADO
By:
ATTEST:- a{/'�( ,421
Dep ty Clk of the Boar
-of County'"Commissioners
Garfield County, Colorado
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Lary Velasq`ii Ch man__