HomeMy WebLinkAbout2.0 Resolution 79-77JUL 1 9 1979 to R000p torr No L ilr'''r eL` A:sdorf, Reoordenr BEFORE THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO RESOLUTION NO. 79-77 000K 53 "FAGS r 9"/ WHEREAS, Leslie and Patricia Farmer 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 January 2, 1979, Sections 2.02.21 (d) and 3.02.01 for the division of a 6.58 acre tract described as follows: that parcel of land as described in Document No. 286414 as filed in the Office of the Clerk and Recorder of Garfield County, Colorado into 2 tracts of approximately 3.58 and 3.00 acres each, more or less, which proposed divided tracts are more particularly described as follows: Tract A: A parcel of land situate in the NE4 of the SE4 of Section 36, Township 5 South, Range 93 West of the 6th Principal Meridian, County of Garfield, State of Colorado being more particularly described as follows: Beginning at the southeast corner of said Section 36 thence N 33055'16" W. 1717.53 feet to the TRUE POINT OF BEGINNING; thence N 01°26'30" W. 438.10 feet along the west line of a tract of land described in Book 511 at Page 490 of the Garfield County Clerk and Recorder's Office; thence S 89°18'38" W. 351.20 feet to a point on the west line of said NE1 of the SE4; thence S 00°17'01" E. 438.52 feet along the west line of said NEQ of the SE4; thence N 89°14'22" E. 360.06 feet to the TRUE POINT OF BEGINNING, containing 3.58 acres more or less. Tract B: A parcel of land situate in the NEQ of the SEQ of Section 36, Township 5 South, Range 93 West of the 6th Principal Meridian, County of Garfield, State of Colorado, beging more particularly described as follows: Beginning at the southeast corner of said Section 36; thence N 33°55'16" W. 1717.53 feet; thence N 01°26'30" W. 438.10 feet to the TRUE POINT OF BEGINNING; thence N 01°26'30" W. 376.17 feet along the west line of a tract of land described in Book 511 at Page 490 of the Garfield County Clerk and Recorder's BOOK 531 F? 31 3 Office; thence S 89°18'38" W. 343.60 feet to a point on the west line of said NE4 of the SE4; thence S 00°17'01" E 376.15 feet along said west line of the NE4 of SE4; thence N 89°18'38" E. 351.20 feet to the TRUE POINT OF BEGINNING, containing 3.00 acres more or less. WHEREAS, the Petitioners have 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, WHEREAS, the Petitioners have 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 Larry Velasquez , seconded by R.C. Jolley , and carried, the division of the above described tracts "A" and "B" from the above described 6.58 acre tract is hereby exempted from such definitions and said tract may he divided into tracts "A" and "B", 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 Petitioners that no further exemptions be 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 16th day of July , A.D. 1979. I) ATTEST : (L4 I /War/ e_- puty er of the Bohr d of Cou y Commissioners Garfield County, Colorado THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO //07)(', Chairman Pr -,Tem