HomeMy WebLinkAbout2.0 Resolution 78-33oo
RESOLUTION+18.33
IIHEREAS, JOE DICE, has petitioned the Board of County ConTnissioners of
Garfield County, Colorado, for an exemption under C.R.S. (1973) Section 30-28-
l0l (10) (a) - (d) as anrended, and the Subdivision Regu'lations of Garfield County,
Colorado, adopted September 1,1972 and amended April .l4, .l975, Sections 1.02.17
(d) and 3.02.01, for the division of a 34 acre tract of land into three tracts
of 22,6, and 6 acres, more or less, and said 34 acre tract is more particularly
described as follows:
The Sl,Idtlhl% of Section l, Township 6 South, Range 92 l^lest of
the Sixth Principal Meridian, except Parcels I, II and III
described as follows, to-wit:
PARCEL I
A tract of land along the East s ide of the ShIkNI^l% of SectionI, Tp. 6 S., R.92 hI.,6th P.M., described as beginning at
the SE corner of said Sl,J%Nl^l%; thence West along the South
side of said Sl{z Nl,l%, 45 feet; thence North and paral'le1
with the East line of said SW%NW%, 355 feet; thence l,lest
75 feet; thence North and parallel with said East line to
the North line of said SW%NW%; thence East 120 feet to the
Northeast Corner of said Sl^l%NI^l%; thence South along the
East line of said St^laNl,Joz to the place of beginning,
containing 3 acres, rpre or Iess.
PARCEL II
That certain parcel of land described in Document No. 1804 22
and recorded in Book 265 at Page 547 of the Garfie'ld County
Irecords and more particuiar'ly described by resurvey as a
parcel of land situated in said SW%NhI%, 1yjng Northerly of
the county road and being bounded on all sides by a fence as
constructed and in p'lace, said parcel being described as
fol'lows , to-wi t:
Beginning at a point in said fence whence the k Corner
compn to Sections I and 12 in said township and range bears
s. 330 49'45" E.3359.16 feet; thence S.0lo 23'30" E.
142.12 feet along said fence; thence S. 88o 48' 54" t.l.
251.03 feet along said fence; thence N. 0lo 06' 25" Vt.143.89
feet along said fence; thence N. 89o l3' 13" E. 250.33 feet
along said fence to the point of beginning, containing 0.823
acres, more or less.
PARCEL III
That certain parcel of land situated in said SWkNtlk lying
Northerly of the Norther'ly right-of-way line of a county
road and Easterly of the Ware and Hinds Ditch, described as
follous, to-wit:
Beginning at a point on the Northerly right-of-way line of
said county road, said point being in the center of said
ditch whence the k Corner corurpn to Sections I and 12 in
said totnship and range bears S. 33o 38'44" E.3185.81
feeti thence N. 500 26'1?" E.223.32 feet along the center
ao
of said ditch; thence N. 350 55r 4lrr E, 48.29 feet along
the center of said ditch; thence N. 34o ll' 59" E. .l13.47
feet along the center of said ditch; thence leaving said
ditch N. 250 5l'20" E.64.66 feet; thence East 75.00
feet; thence South 329.2? feet to a point on the Northerly
right-of-way line of said county road; thence S. 89o 2l'
05" t.l. 367.50 feet along the Northerly right-of-way 'line of
said county road, to the point of beginning, containing
1.474 acres, more or less
Together with any and all ditch and water rights belongingto, used upon or in connection with said property, includ'ing
15 shares in the Rosenan Ditch and the water rights connected
therewi th .
WHEREAS, the Petitioner has denronstrated to the satisfaction of the Board
of County Commissioners of Garfield County, Co]orado, that he desires said
exemption for the purpose of re-sale into single-family residential acreage; and,
hlllEREAS, the Petitioner has dernonstrated to the satisfaction of the Board
of County Commissioners 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 Iocation of septic tanks will be permitted by the Colorado
Department of HeaIth, that the requested division is in accordance with the general
purposes and intent of the Subdivision Regulations of the State of Co1orado 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. (.l973)
Section 30-28-10'l (10) (a) - (d) as amended;
Q.C. Jotla.r seconded byNO}{ THEREFORE, upon motion of
Ft>ue-aL- J. Oe--t se and carried, said 34 acre tract of land is
hereby exempted from such definition and transfer of said tract may be made by
division into three tracts of 22,6, and 6 acres, more or less, al'l as is more
fully described above and further, that said exemption is conditioned upon the
Petitioner obtaining a proper legal description of said tracts prior to any
conveyance thereof. A copy of the instrument(s) of conveyance when recorded shall
be filed with this Resolution
Dated this !]$ay of [l[lo,nd,r-, A.D. I978.
THE BOARD OF COUNTY COMMISSIONERS
OF GARFIELD COUNTY, COLORADO
t e oa
of Co Commi ssi oners
Attest:
Garfield County, Colorado
2
By
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