HomeMy WebLinkAbout3.0 Resolution 78-27• •
R E S 0 L U T I 0 N -::tf: 76 .-2-7
WHEREAS, FOSTER PETROLEUM CORPORATION, has petitioned the Board of County
Comnissioners of Garfield County, Colorado, for an exemption under C.R.S. (1973)
Section 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 441 .76 acre tract of land
into two tracts of 30.10 and 411 .66 acres, more or less, and said 441 .76 acre
tract is more particularly described as follows:
A parcel of land situated in Lots 5 and 6, Section 32, Lots
7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 20, 21, 22, 23, and
the NE~SE ~ of Section 33, S\·l1-4 SW ~ of Section 34 all in
Township 6 South, Range 88 ~lest of the Sixth Principal
Meridian and also Lots 2, 3, and 9, of Section 4, Township
7 South, Range 88 West of the Sixth Principal Meridian, County
of Garfield State of Colorado, according to General Land
Office Plats dated and approved April 29, 1893, of Township
6 South, Range 88 Hest and TO\'msh i p 7 South, Range 88 West
of the Sixth Principal Meridian and also according to General
Land Office Plat dated and approved June 11, 1908 of
Township 7 South, Range 88 Hest of the Sixth Principal
Meridian, more particularly described as follows:
Beginning at the Quarter Corner cormion between Section 33,
Township 6 South, Range 88 West and Section 4, Township 7
South, Range 88 viest being a Lava Stone properly marked and
set; thence N. 89° 42 1 46 11 I-I. 2504.15 feet betv1een said
Sections and also the South lines of Lots 20 and 21 of
Section 33 to the Southwest Corner of Lot 20, Section 33,
whence the Southwest corner of Section 33 bears: N. 890
42 1 46 11 W. 175.56 feet; thence N. 010 53 1 48 11 E. 2065.00
feet along a fence in place and also between Lots 17, 18, 19,
and 20, Section 33 to the North-viest Corner of Lot 17,
Section 33; thence N. 870 15' 05" W. 199.50 feet bet\'1een
Lots 9 and 18 of Section 33 to a point on the line between
Section 32 and 33; whence the Quarter Corner comrron to Section
32 and 33 bears: N. 01° 14' 01 11 E. 511.58 feet to an iron
post with a brass cap properly set and marked; thence N.
87° 15' 05" W. 1179.82 feet between Lots 6 and 7 of Section
32 to the Southwest Corner of Lot 6, Section 32; thence N.
01° 41 1 27 11 E. 1295.50 feet between Lots 3, 5, 6, & 7 of
Section 32 to the Northwest corner of Lot 5, being in the
centerone of County Road No. 119; thence S. 890 05' 51 11 E.
2696.30 feet along the traveled area of said road and
eventually leaving said road and between Lots 4 and 5 of
Section 32 and Lots · 4, 5, 7, and 8 of Section 33 to the
Northeast Corner of Lot 7, Section 33 being one foot
Southerly of a fence Corner; thence S. 01° 55' 45 11 W. 838. 37
feet along a fence in place and between Lots 6 and 7 of
Section 33 to the Southeast Corner of Lot 7, being also the
East-West centerline of Section 33; thence S. 88° 28' 36 11 E.
3624. 12 feet between Lots 6, 11 , 12 and the Sl-J!:lNE~, SE~E ~,
and NE~SE~ of Section 33, being also the East-West centerline
of Section 33 to the Quarter Corner between Sections 33 and
34, being a Lava Stone properly set and marked; thence S.
030 53 1 31 11 E. 1236.27 feet between said Sections and also
between the NE \SE \ of Section 33 and the NW \SW \ of Section 34
to the Southeast Corner of the NE \SE ~ of Section 33; thence N.
890 02 1 17" E. 1365. 61 feet between the NW \SW \ and SW~SW\ of
Section 34 to the Northeast Corner SW1~SW ~ of Section 34; thence
S. 020 50 1 09 11 E. 1215.09 feet between the SW \SW ~ and the SE \SW~
of Section 34 to the Southeast Corner SW \SW ~ of Section 34
being also on the intersecting point between Section 34,
Township 6 South, Range 88 West and Section 3, Township 7 South,
Range 88 West of the Sixth Principal Meridian; thence S. 880
10' 31 11 W. 1342.31 feet between said Sections and also the
South line of the SW \SW ~ of Section 34 to the Corner common to
Sections 33 and 34, Township 6 South, Range 88 West and
Sections 3 and 4, Township 7 South, Range 88 Hest of the Sixth
Principal Meridian; thence N. 390 52 1 15 11 W. 1127.59 feet
between Section 33, Township 6 South, Range 88 West and Section
4, Township 7 South, Range 88 West of the Sixth Principal
Meridian, being also between Lot 13, Section 33 and Lot 1,
Section 4 of said Township, to the Northeast Corner of Lot 2,
Section 4, Township 7 South, Range 88 West; thence S. ooo 19 1
29 11 E. 490.00 feet betv1een Lots l and 2, Section 4 to the
Southeast Corner of Lot 2 of said Section 4; thence N. 890
51' 06 11 W. 218.38 feet between Lots land 2 of said Section 4
to the Northeast Corner of Lot 9; thence S. ooo l l 1 22 11 W.
852.20 feet between Lot l and Lot 9 of said Section 4; thence
N. 890 44' 27" W. 1330.86 feet along the South line of Lot
9, Section 4 to the Southwest corner of Lot 9, being the same
as the North~South centerline of Section 4; thence N. 00°
16 1 06 11 W. 1341.07 feet along the North-South centerline of
Section 4, also being the West lines of Lots 3 and 9 of Section
4 to the Point of Beginning; said parcel of land contains
441.76 acres, more or less.
WHEREAS, the Petitioner has derronstrated to the satisfaction of the Board of
County Corrmissioners of Garfield County, Colorado, that it desires said exemption
for the purpose of re-sale into single-family residential acreage; and,
WHEREAS, the Petitioner has demonstrated to the satisfaction of the Board of
County Corrmissioners 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
Departrrent of Health, that the requested division is in 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 tenns 11 subdivision 11 and "subdivided land" as set forth in C.R.S. (1973)
Section 30-28-101 (10) (a) -(d) as amended;
NOW THEREFORE, upon motion of __ 12 ____ L._-_j_o_l_~-+------seconded
by _]: ___ /~~---e--~"---"-. --=o..--and carried, said 441. 76 acre tract of land
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is hereby exempted from such definition and transfer of said tract may be made
. by division into two tracts of 30 .10 and 411 .66 acres, more or less, all as is
roore fully described above and further, that sai.d exemption is conditioned upon
the Petitioner obtaining a proper legal description of said tracts prior to
any conveyance thereof. A copy of the instrument(s) of conveyance when recorded
shall be filed with this Resolution.
Dated this.JflLday of [bl.A~
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, A.O. 1978.
THE BOARD OF COUNTY COMMISSIONERS
OF GARFIEL COUNTY, COLORADO