HomeMy WebLinkAbout3.0 Resolution 78-89Recorded at--.. o'clock M.
ReceptionC 31978
No _ &C'
,,- Ella Stephens Recorder
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF
GARFIELD COUNTY, COLORADO
RESOLUTIONNO..78
BOOK 5;�U ;`_ PAGE
WHEREAS, Stephen L. Ferguson haspetitioned the Board:Of County"
ommissioners:'-of Garfield County,. Colorado, for an exemption under C -R-
1973, 30-28-101 (10) (a) -(d) as amended, and the Subdivision Regulations
of Garfield County, Colorado adopted September 1, 1972 and amended
April 14, 1975, Sections 1.02.17(d) and 3.02.01, for the division of a:
2.97 acre tract into two (2) tracts of approximately 1.34 acres (herein-.
after tract "A") and 1.64 acres (hereinafter tract "B"), more or less, an
said 2.97 acre tract is more particularly described as follows:
The part of the NEI4SW 4` of Section 5, Township 6 South, Range 89
West of the Sixth Principal Meridian described as follows:
Beginning at a point on the North line of the NEkSW¼ of said Section
5, 271.85 feet N. 88006' W. of the center of said Section 5; thence
182.58 feet N. 88°06' W. to a point in the North line of said Section
5; thence S. 1°51' W. to the North line of the right of way of the
DERGWRR being 504.92 feet more or less; thence S. 81°36'30" E. along
the North line of said right of way a distance of 183.76 feet more
or less to the Southwest corner of the tract of land conveyed to
Fortunato Holzknech by Doc. No. 158334 in Book 218 at Page 317 of
Garfield County records; thence N. 1°51' E. 826.0 feet more or less
to the point of beginning, except that part conveyed to the Board.
of County Commissioners_ of Garfield County by deed recorded in Book
152 at Page 296 as Reception No. 97223 and also except that part.
conveyed to Evelyn C. Eimstad by deed recorded in Book 334 at Page
187 of the records of Garfield County, Colorado.
Together with 36.16 shares of stock in the Mitchell -Cooper Ditch
and Pipeline Company.
Subject to the following:
...
Easements and rights of way for:
(a) Mitchell -Cooper Ditch, and Pipeline Company;
(b) Mountain States Telephone and Telegraph Company;
(c) West Glenwood Springs Sanitation District;
(d) Water pipeline for benefit of property described in
warranty deed recorded in Book 334 at Page 187;
(e) Roadway easement, 25 feet in width described in quit
claim deed recorded as Document No. 234153 in Book
375 at Page 196;
County road traversing the nar'therly portion;
Reservations and exceptions contained in United States Patent;
•
Rights, if any, acquired by owner of land described in warranty
- deed recorded in book 334 at Page 187 for ingress and egress
from the County road to said property.
WHEREAS, the Petitioner has demonstrated to the satisfaction of the
Board of County Commissioners of Garfield County, Colorado, that he desires
said exemption for the purpose of resale of said tracts "A"- and ."B", and;
WHEREAS, the Petitioner has demonstrated to the satisfactionof the
Board of County Commissioners,.of Garfield County., Colorado, that .there; is
130-K 520 r4(;€ 202
adequate ingress and egress to each of said tracts,that the requeste
d
division is it accordance with 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
ainende d
NOW, THEREFORE, upon the motion of Richard C. Jolley, seconded by Flaven J.
Cerise, and carried, said 2.97 acre tract may be divided into two (2) tracts of
1..34 and 1.64 acres, more or less, all as is more fully described above, and
said divided tract may be conveyed in the form of such smaller tracts with -
Out further compliance withthe aforesaid subdivision statutes and regulations;
provided, however, that said exemption is conditioned on the Petitioner
obtaining a proper legal description of said tracts prior to any conveyance
thereof. Further; this exemption is granted with the express understanding
and agreement of the Petitioner that no further exemptions be allowed on
said tract "A" and no further exemptions be allowed on said tract "B" without,_
further proceedings as provided for in the Subdivision Regulations of the
State of Colorado and the County of Garfield. A copyof the instrument or
instruments of conveyance when recorded shall be filed with this Resolution..
Dated this 5th day of. September, 1978.
Attest:
De uty C rof, the Boa) of
County C mmissioners, Garfield
County,Colorado
THE BOARD OF COUNTY COMMISSIONERS
OF GARFIELD COUNTY, COLORADO