HomeMy WebLinkAbout2.0 Resolution 79-126R
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF
GARFIELD COUNTY, COLORADO
RESOLUTION N0.79-126
WHEREAS, Fred A. Johnson 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 28.5 acre tract described as follows:
that parcel of land as described in Document No. 291068 as filed in the
Office of the Clerk and Recorder of Garfield County, Colorado into 2 tracts
of approximately 5.0 and 23.5 acres each, more or less, which proposed
divided tract is more particularly described as follows:
Tract A: A parcel of land situated in the NW1/4SE4 and
SW3/4SE4 of Section 10, Township 6 South, Range 93 West of
the 6th Principal Meredian and more particularly described
as follows:
Beginning at the East Quarter Corner of Section 10 of said
Township and Range; thence S. 64°29'36" W. 2026.39 feet to
a point in the Centerline of the County Road No. 294, the
True Point of Beginning; whence the North-West Corner of
SW$SE4 would bear S. 59°39'53" W. 932.02 feet; thence S. 180
30'00" E. 825.00 feet; thence S. 59°36'00" W. 270.00 feet;
thence N. 18°30'00" W. 825.00 feet to a point in the Centerline
of County Road No. 294; thence along said Centerline N. 59°36'00" E.
270.00 feet to the True Point of Beginning.
Said parcel of land contains 5.00 acres more or less, located in
the State of Colorado and County of Garfield; and
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 the full subdivision review
process; and
WHEREAS, the Petitioner has demonstrated to the satisfaction of the Board
of County Commissioners of Garfield County, Colorado, that there is a reasonable
i
probability of locating domestic water on each of Laid 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;
WHEREAS, the division of the above described tract "A" from the above
described 28.5 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 copy of the instrument or
instruments of conveyance when recorded shall be filed with this Resolution.
Dated this
ATTEST: // gill
De uty 1'r cif the Board
of ount Commissioners
Garfield County, Colorado
day of WAG& A.D. 1979.
THE BOARD OF COUNTY COMMISSIONERS
OF GARFIELD COUNTY, COLORADO