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HomeMy WebLinkAbout3.0 Resolution 79-154DEC 1 1 1975 eep l o. r 9 !__ i.ire:i Recorder BEFORE THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO RESOLUTION NC. 79-154 BOOR 540 p?r_.E 7 4 WHEREAS, Glenn 0. and Lois E. Gaasch 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 257.0 acre tract described as follows: that parcel of land as Jescribed in Book 402 at Page 493 as filed in the Office of the Clerk and Recorder of Garfield County, Colorado into 3 tracts of approximately 20.0, 20.0 and 217.0 acres each, more or less, which proposed divided tracts are more particularly described as follows: Tract A: A parcel of land lying in the NE1/4 of the NE1/4 of Section 28 and in the NW':, of Section 27, Township 7 South, Range 92 West of the 6th Principal Meridian, more particularly described as follows: Commencing at the Northwest Corner of said NE1/4 of the NE'; of Section 28; thence S.00°23'04" W, 476.50 feet along the west line of said NE1 of the NE1/4 of Section 28 to the POINT OF BEGIN'UNG; thence N.89010'37" E. 1784.62 feet to a point on the centerline of Garfield County Road "331; thence along said centerline the following five courses: S.10°20144" W., 35.84 feet; thence along a curve to the left having a central angle of 11°21'03", a radius of 600.00 feet, an arc length of 118.87 feet and of which the chord bears S.04°40'13"W. 118.67 feet; thence S.01°00'19" E., 117.56 feet; thence along a curve to the left having a central angle of 05030'02", a radius of 2000.00 feet, an arc length of 192.01 feet and of which the chord bears S.03°45'20" E., 191.93 feet; thence S.06°30'21"E. 28.25 feet; thence S.89°10'37" W., 1789.65 feet to a point on the west line of said NE1 of the NE1/4 of Section 28; thence N.00°23'04" E., 490.75 feet along said west line to the POINT OF BEGINNING, containing 20.000 acres, more or less in the State of Colorado and County of Garfield. Tract B: A parcel of land lying in the NE' of the NEn of Section Buon 540 t'755 28 and in the NW4 of the NW4 of Section 27, Township 7 South, Range 92 West of the 6th Principal Meridian, more particularly described as follows: Beginning at the Northwest Corner of said NEQ of the NEQ of Section 28; thence N.89°10137" E. 1326.38 feet along the north line of said NE' of the NE4 of Section 28 to the Northwest Corner of said NW4 of the NW4 of Section 27; thence N.89°02'49" E., 549.57 feet along the north line of said NW4 of the NW4 of Section 27 to a point on the centerline of Garfield County Road #331; thence S.12°29'07" W., 185.63 feet along said centerline; 0 thence S.10 20'44" W., 302.74 feet alone said centerline; thence S.89°10'37" W., 1784.62 feet to a point on the west line of said NE4 of the NE4 of Section 28; thence N.00°23'04" E., 476.50 feet along said west line to the point of beginning, containing 20.000 acres, more or less in the State of Colorado and County of Garfield. 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 the full suhdivision procedure; 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, he 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 257.0 acre tract is hereby exempted from such definitions and said tract may he divided into tracts "A" and "B", all as is more fully de:;cribed above, and said divided tract may be conveyed in the form of such smaller tracts without further compliance 3UJX 540 P rErr 56 with the aforesaid subdivision statutes and regulations; provided, however, • that this exemption is granted on the condition and with the express under- standing 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 10th day of December , A.D. 1979. THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO By:— t - Chairman ATTEST: Deputy cflerk of the Board of County Commissioners Garfield County, Colorado i