HomeMy WebLinkAbout2.0 Resolution 80-2iAV 9._ '1118D
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Recorder
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF
GARFIELD COUNTY, COLORADO
RESOLUTION NO. -`Z
WHEREAS, Roger M. Dixon has 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 January 2, 1979, Sections 2.02.21 (d) and 3.02.01 for the division of
a 99.30 acre tract described as foliows: that parcel of land as described in
Document No. 225767 as filed in the Office of the Clerk and Recorder of Garfield
County, Colorado into 3 tracts of approximately 4.4, 7.6, and 87.3 acres each,
more or less, which proposed divided tracts are more particularly described
as follows:
Tract A: A parcel of land situated in part of Government Lots 1
and the NaiNEls of Section 10 and Government Lot 4 of Section 11,
all in Township 6 South, Range 92 West of the Sixth Principal
Meridian in the County of Garfield, State of Colorado. Said parcel
lying northerly of the northerly right -of -•way line for Interstate
Highway Number 70 as occupied by a fence as constructed and in
place, easterly of the easterly right-of-way line for a county
road (being 16th Street in the Town of Silt extended southerly) and
southerly of the southerly right-of-way line for the Denver and
Rio Grande West Railroad (herein abbreviated as D.AR.G.W.R.R.) as
occupied, in part, by a fence as constructed and in place.
Commencing at the Northwest Corner of said Section 11, thence
S.00°34'30"E. 1726.7 feet, more or less, to a point on said
Highway 70 right-of-way line, the True Point of Beginning; thence
along said Highway 70 right -Df -way line along a curve to the left,
having a radius of 11339.20 and a central angle of 00037'47",
a distance of 124.6 feet, more or less (chord bears S.89°12'09"E.
124.6 feet, more or less); thence leaving said Highway 70 right-
of-way line N.00°48'00"W. 250.0 feet, more or less, to a point
on said D.P, R.G.W.R.R. right-of-way line: thence along said
D.&R.G.W.R.R. right-of-way line N.25°18'30"!•f. 722.2 feet, more or
less to a point on said county road right-of-way line; thence,
leaving said D.&R.G.W.R.R. right-of-way line, 5.00°48'DOE. 280.2
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feet, more or less to a point on said Highway 70 right-of-way line;
thence, leaving said county road right-of-way line, along said
Highway 70 right-of-way line along a curve to the left, having
a radius of 11339.2 feet and a central angle of 03°00'32", a distance
of 595.5 feet, more or less (chord bears S.87°23'00"E. 595.4
feet, more or less) to the True Point of Beginning. Said parcel
containing 4.4 acres, more or less.
Tract B: A parcel of land situated in part of Government Lots 3 and
4 of Section 11, Township 6 South, Range 92 West of the Sixth Princi-
pal Meridian in the County of Garfield, State of Colorado. Said
parcel lying southerly of the southerly right-of-way line of the
Denver and Rio Grande West Railroad (herein referred to as D.&R.G.W.R.R.)
as occupied, in part, by a fence, as constructed and in place, and
northerly of the northerly right-of-way line of Interstate Highway
70. Said parcel being more particularly described as follows:
Commencing at the Northwest Corner of said Section 11; thence
S.00°34'30"E. 1726.7 feet, more or less; thence S.89°12109"E.
124.6 feet, more or less to a point on said Highway 70 right-of-
way line, the True Point of Beginning; thence the following four
courses along said Highway 70 right-of-way line:
1. Thence along a curve to the left, having a radius of
11339.2 feet and a central angle of 00°38'55", a
distance of 128.4 feet, more or less (chord hears S.89°
50'31"E. 128.4 feet, more or less);
2. Thence S.79°00'00"E. 101.00 feet, more or less;
3. Thence along a curve to the left, havina a radius of
11359.2 feet and a central angle of 08°07'58", a distance
of 1612.4 feet, more or less (chord hears N.85°16'00"E.
1611.0 feet, more or less);
4. Thence N.81°12'00"E. 425.00 feet, more or less to a point
on said D.&.R.G.W.R.R. right-of-way line; thence, leaving said
Highway 70 right-of-way line, the following two courses along said
D.&R.G.W.R.R. right-of-way line:
1. Thence along a curve to the right, having a radius of
2242.0 feet and a central angle of 13°19'30", a distance
of 521.4 feet, more or less;
2. Thence N.85°15'30"W. 1739.0 feet, more or less;
thence leaving said D.&R.G.W.R.R. right-of-way line, S.00°48'00"E.
b00K 542 ME 98
250=.:00`;;feet to the True Point of Beginning, said parcel containing
7;.6 __ac`res , :more. or less .
WHEREAS, the Petitioner has demonstrated to the satisfaction of the Board
of County Commissioners of Garfield County, Colorado, that the proposed divi-
sion 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 the full 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
will be permitted by the Colorado Department of Health, that the requested
division is not part of an existino 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, BE IT RESOLVED that the division of the above described
tracts "A" and "B" from the above described 99.3 acre tract is herehy exempted
from such definitions and said tract may be divided into tracts "A" and "B",
all as is more fully described above, and said divided tract may he 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 he allowed on said tracts "A" and
"B",and that a copy of the instrument or instruments of conveyance when
recorded shall be filed with this Resolution.
Dated this 7-t`L_ day of ..ia p.A.0 _c_r , A.D. 1980.
THE BOARD OF COUNTY COMMISSIONERS
OF GARFIELD COUNTY, COLORADO
Chairman;.
TEST':
Deputy- J1'erk of the' Bbard
of County Commissioners
Garfield County, Colorado