HomeMy WebLinkAbout5.0 Resolution 79-46Recorded at 9t/PL o'clock klY MAY 1 71979
clr
Reception No 94 4Mildred Alsdorf, Recorder
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF
GARFIELD COUNTY, COLORADO
RESOLUTION NO. 79-46
BOOK 528 PAGE53 '
WHEREAS, Don Goldman 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 220 acre tract described as follows: that parcel of land described in
Document No.243549 on file in the office of the Clerk and Recorder of
Garfield County, Colorado into 2 tracts of approximately 214.18 and 6.82
acres, more or less, which proposed divided tract is more particularly described
as follows:
Tract A: A parcel of land situated in the WZ Section 12, Township 6 South,
Range 92 West of the Sixth Principal Meridian, Garfield County, Colorado, more
particularly described as follows:
All that land lying easterly of Divide Creek, northerly of County Road No. 335,
southerly of the centerline of the Colorado River, and westerly of a line
described as follows:
Commencing at an iron post and brass cap found in place and properly marked for
the North Quarter Corner Section 7, Township 6 South, Range 91 West of the 6th
Principal Meridian, thence S. 66°25'09" W. 7542.64 feet to a point on the North
right-of-way of County Road No. 335, the True Point of Beginning (whence the
East Quarter Corner of said Section 7, a rock properly marked and found in place,
bears N. 87°17'23" E. 9527.08 feet); thence N. 09°58'50" W. 431.85 feet to the
South high water line of the Colorado River.
Excepting a 0.88 acre parcel previously conveyed, recorded in Deed Book 427
Page 432, and Deed Book 443 Pages 516 and 517, Garfield County Clerk and
Recorder's Office, and described as follows:
Beginning at a point on the Northerly line of said County Road No. 335, whence
the Section Corner common to Sections 10, 11, 14 and 15 in said Township 6
South, and Range 92 West bears S. 68°47'32" W. 6337.37 feet; thence N. 04°41'45"
E. 181.85 feet; thence N. 78°34'29" E. 214.12 feet; thence S. 18°13'33" E. 139.49
feet to a point on the Northerly line of said road; thence S. 71°14'21" W. 283.45
feet along the Northerly line of said road to the point of beginning.
BOOK 528 FAGE53S
Containing a total of 6.82 acres more or less.
Subject to any easements or rights-of-way for existing power transmission lines
across the parcel described above; 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 is not large
enough to proceed through the subdivision procedure; and
WHEREAS, the Petitioner has 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 tract "A"
from the above described 220 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 14th day of May , A.D. 1979.
ATTEST:/JG�-44 �:�'` ��.��C� -,
I
DWty Cl rk bf the Boas
of Count Commissioners
Garfield County, Colorado
THE BOARD OF COUNTY COMMISSIONERS
OF GARFIELD COUNTY, COLORADO