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HomeMy WebLinkAbout3.0 Resolution 79-50slS MAY 3 0 1979' Recorded at o' clock ` m Rete tion No . A •,�_,S p Mildred Alsdorf,:Recorder:,_ BEFORE THE BOARD OF COUNTY ;COMMISSIONERS OF GARFIELD COUNTY, COLORADO: RESOLUTION NO. 79=50 • WHEREAS, Colorado Mountain College. has .petitioned `the Board of:Coun Commissioners of Garfield County, Colorado; for an 'exemption from' the' definition of the terms II....L-J........_on II -.....J "subdivided land"-under-C.R., 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 and 3.02.01 for the division of a 30.0 acre tract described as follows: that parcel of land as described in Document No.276209in the Office .of.the_ Clerk and Recorder of Garfield County into 3 tracts of approximately 15 9,•. 3.18, and 12.9 acres each, more or less, which proposed divided tracts are.`: more particularly described as follows:_ Tract A: A parcel of land situated in the W12 of Section 27, Township 6 South, Range 89 West of the Sixth Principal Meridian, Garfield County, Colorado; said parcel created by subdivision of - a boundary plat of portions of said Section 27 and of Section 34, . said Township and Range, dated May 23, 1973 and revised August.8, 1978 and signed and sealed by Jack W. Johnson, Colorado, R.L.S. No. 4551; said parcel being more particularly described as follows: Commencing at the Center Section Corner of said Section 27, thence_ N. 88°28'35" W. 1331.63 feet to the N.W. Corner of the NE1/4SW1/4 of said Section 27, the True Point of Beginning; thence N. 00°42.'57 E. 109.06 feet; thence N. 81°15'09" E. 45.35 feet; thence N. 60° 35'44" E. 43.24 feet; thence S. 30°56'02" E. 42.16 feet; thence N. 70°00'36" E. 21.93 feet; thence S. 11°07'44" E. 114.62 feet; thence S. 88°28'35" E. 3.61 feet more or less to the westerly line of Four -Mile County Road; thence along said westerly line S. 18°48'20" E. 1061.56 feet; thence along said westerly line along a curve to the right, having a radius of 821.92 feet and central angle of 44°40'10", a distance of 640.79 feet; thence along said westerly line S. 25°51'50" W. more or less 96.05 feet more or less to a rebar and cap; thence leaving said westerly line N. 46°02'00 W. more or less 669.82 feet more or less to a rebar and cap set in an existing fence line; thence N. 02°26'04" E. 273.39 feet more or less; thence N. 01°43'57" E. 264.19feet, thence N. 01;°35'4.5, W.: BOOK 529 PAGE'. SQ. 316.89 feet; thence N. 01021'46" W. 401.78 feet; thence S. 88°28' 35" E. 67.19 feet to the True Point of Beginning; containing 15.9097 acres more or less. Tract B: 'A parcel of land situated in the SW4 of Section 27, Township 6 South, Range 89 West of the Sixth Principal Meridian, Garfield County, Colorado; said parcel created by subdivision of a boundary plat of portions of said Section 27 and of Section 34, said Township and Range, dated May 23, 1973 and revised August 8, 1978 and signed and sealed by Jack W. Johnson, Colorado, R.L.S. No. 4551; said parcel being more particularly described as follows: Commencing at the N.W. Corner of the NE4SW4 said Section 27, thence S. 03°18'47" W. 982.36 feet; thence S. 02°26'04" W. 273.39 feet more or less to a rebar and cap set in an existing fence line; thence S. 46°02'00" E. more or less 669.82 feet more or less to a point on the westerly line of Four -Mile County Road, a rebar and cap; thence S. 25°51'50" W. along said westerly line 150.00 feet to a rebar and cap; thence N. 66°31'58" W. more or less 473.31 feet more or less to a rebar and cap set in an existing fence line; thence N. 02°26'04" E. 411.88 feet to the True Point of Beginning; containing 3.1848 acres more or less. Tract C: A parcel of land situated in the SW4 Section 27 and in the NW4 Section 34, Township 6 South, Range 89 West of the Sixth Principal Meridian, Garfield County, Colorado; said parcel created by subdivision of a boundary plat of portions of said Sections 27 and 34, dated May 23, 1973 and revised August 8, 1978 and signed and sealed by Jack W. Johnson, Colorado R.L.S. No. 4551; said parcel being more particularly described as follows: Commencing at the N.W. Corner of the NE1/4SW4 said Section 27, thence S. 02°55'34" W. 1755.29 feet; thence N. 02°26'04" E. 87.71 feet more or less to a rebar and cap set in an existing fence line, the True Point of Beginning; thence S. 66°31'58" E. more or less 473.31 feet more or less to a point on the westerly line of Four -Mile County Road, a rebar and cap; thence along said westerly line S. 25051'50" W. 70.00 feet more or less; thence along said westerly line along a curve to the left, having a radius of 740.30 feet and central angle of 37°20'20", a distance of 482.44 feet; thence along said westerly line S. 11°28'30" E. 814.51 feet; thence N. 83°04'05" W. ence N. _;8.1 feet,,.:thence N. 01031' 05" feet:;:;thence N BOOK 529 PAGE l `' 1 4'20" W. 160.57 feet; thence N. 00°30'17" W. 134.55 feet; thence N. 00°09'09" 00°08`50" W. 314.64 feet; thence N. 00°23'37" 02°26'04 E.87.71 feet more or less to the ie' Po:`nt= ofBer==inning °,. containing 12.9088 acres more or less; and e Petit'io:ner.has.demonstrated to the satisfaction of the 'feet`: thence:::.N IHE REI oard of, County .Commissi.oners 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. Petitioner has 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 w -1i be_.Permitted ::'by`_ the . Colorado Department of Health, that the requested divisions :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 Larry Velasquez , seconded by Dick Jolley and carried, the division of the above described tracts "A" , "B" , and "C" from the above described 30.0 acre tract is hereby exempted from such definitions_andsaid tract may be divided into tracts "A", "B" and C • • 1 as i -s 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 xempti.:on:.is granted on the condition and with the express understanding and ;agreement -of the Petitioner that no further exemptions be allowed on said ..-.: '1 "4 " " " � tracts A ., B.. and C ,-ahat water for each tract will be furnished from an existing '..well .and that only one driveway will be provided for access to the County_Road,..and that a copy of the instrument or instruments of conveyance when recorded.shall=be filed with this Resolution. Dated this -29th day of May A.D. 1979. TT 1t)!1 D.euty.:Cl rk.'of the Boat of Count Commissioners Garfield County, Colorado THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO Chai rma