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HomeMy WebLinkAbout4.0 Resolution 79-661UN 2 6 1979 Recorded at o' clookt___�____ Ri ..... . ....... 'n`'' Mildred A"lsdorf, Recorder Rocoptiori Ko BEFORE THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO RESOLUTION N0. 79-66 Bf!fK 5, O P"GE4-07 WHEREAS, Colorado Mountain College has petitioned the Board of County Commissioners of Garfield County, Colorado, for an exemption from the defini- tion 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 January 2, 1979, Sections 2.02.21 (d) and 3.02.01 for the division of a 143 acre tract described as follows: that parcel of land as described in Document No. 276209 in the Office of the Clerk and Recorder of Garfield County, Colorado into 2 tracts of approximately 138.0 and 5.0 acres each, more or less, which proposed divided tracts are more parti- cularly described as follows: Tract A: A parcel of land situated in 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. #4551; said parcel being more particularly described as follows: Commencing at the South Quarter Corner of said Section 27, thence N. 39°11'02" E. more or less 1695.95 feet more or less to the True Point of Beginning; thence S. 88°24'24" E. more or less 291.37 feet more or less; thence S. 01°29'11" W. more or less 750.30 feet more or less; thence N. 88°24'24' W. more or less 290.80 feet more or less; thence N. 01°26'34" E. more or less 750.30 feet more or less to the True Point of Beginning; containing 5.0 acres more or less. Excepting from above description the right-of-way of the County Road leading to Glenwood Airport; resulting in a net area of 4.0 acres more or less. WHEREAS, The Petitioner has 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 full subdivision review; and BOK 530 P'GE4i_iS 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 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 RC. Jolley , seconded by Larry Velasquez , and carried, the division of the above described tract "A" from the above described 143.0 acre tract is hereby exempted from such definitions 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 Petitioner that no further exemptions be allowed on said tract "A", and that a cony of the instrument or instruments of conveyance when recorded shall be filed with this Resolution. Dated this 25thday of June , A.D. 1979. ATTEST: /f i"l f ;, i- ( ! / /. (l(2 Deputy C101( of the Board of `County'Commissioners` Garfield County, Colorado THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO By 'Chairman