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 ( f) Lary Velasq`ii Ch man__