HomeMy WebLinkAbout2.0 Resolution 79-45a
BEFORE TI1E BOARD OF COUNTY COMMISSIONERS OF
GARFIELD COUNTY, COLORADO
P.ES OLUTION NO . 79-45
hIHEREAS, l^Jyland L. and Jud'ith D. Ki ttl e have petitioned the Board of
County Commissjoners of Garfie'ld County, Colorado, for an exemption from
the defin.ition of the terms "subdivision" and "subdivided land" under C.R.S.
I973,30*28-l0l (.I0) (a)-(d), as amended, and the Subdivision Regulations of
Garfjeld County, Colorado, adopted January 2,1979, Sections 2'02'21 (d)
and 3.02.0.l for the divis'ion of a .l6.0 acre tract described as follows:
that parcel of land described in Document No. 2}O7OB on file in the 0ffice
of the clerk and Recorder of Garfield county, co'lorado into 3 tracts of
apprOximately 5.3 acres each, more or less, whjch proposed djvided tracts
are more particularly described as follows:
Tract A: A parcel of land situated in Lot 3, and Lot 4, of Sect'ion 5'
Township 6 South, Range 92 l^,est of the Sixth Principal Meridian, lying
souther'ly of county Road N0.233, County of Garfield, State of colorado'
mcre frrticularly described as follcws:
Beginning at a po'int which lies N. llol6'47" E. 506.|.5.I feet of the Section
Corner common to Sections 5, 6,7, and B of said Township and Range; thence
along side a fence N. 00007'25" E.694.28 feet; thence ll' 89053'00" E'
347.00 feet; thence S. 0200.I '3l" l^l. 695.42 feet; thence S' 90000'00" t'l'
323.g2 feet to the point of beginning. Sa'id parcel contains 5'35 acres'
more or less.
Tract B: A parcel of lancl situated in Lot 3 of section 5, Townshin 6 South,
Range 92 lilest of the sixth Principal lvleridian,]ying scutherly of county
Road No. 233, Ccunty of Garfield, State of Colorado, more particuiariy
described as follows:
Beginning at a point which lies N. 15c10'55" E. 4998.45 feet of the Section
corner common to sections 5,6,7, and B of sa'id TOwnship and Ranqe; thence
N. 0200] ,3.I,, E. 835.24 feet; thence N. 89053'00" E. 275.42 feet to a po'int
in a fence; thence along side said fence S. 0200.1'3.1" 1n1.838.69 feet; thence
N. 89023,56,,1,l. 275.31 feet to the point of beoinning. Said parcel contains
5,29 acres, more or l ess
Tract c: A parcel of land situated in Lot 3 and Lot 4, SEtN'/la and Sl'lkNl{l'o
a
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of Section 5, Township o South, Range 92 hlest of the 5'ixth Principal
Meridian, 'lying easterly of County Road No. 227 (Miller Lane), and lying
southerly of County Roaci No. 233, County of Garfield' State of Colorado'
more particularly described as follows:
Beginning at a point wh'ich lies N. l2o0g'02" E. 4706.33 feet of the
Section Corner comrnon to Sections 5, 6,7 and 8 of said Township and Range;
thence N. 00007'25" E. 362.55 feet; thence N. 90000'00" E ' 323'92 feet;
thence s. 0200.l ,3.|,' lll. .|39.82 feet; thence s. 000.10'05" t^I. 233.02 feet;
S. 00ol Z'Zg" E. 65] .76 feet; thence N. 88025'27" W. 259.41 feet; thence
N. lgo:8,44,, E . 6t75.48 feet; thence S. 89035'.I7" W. 221 -49 feet to the point
of beginning. Said parcel contains 5.37 acres' more or less; and
WHEREAS, the pet'itioners have denonstrated to the satisfaction of the
Board of County Commissioners of Garfield County, Colorado, that the
proposed d'ivision does not fall withjn the purposes of Part l ' Article 28'
Title 30, Colorado Revised Statutes 1973, as amended, for the reason that
the impact is not large enough to proceed throuqh the subdivision procedure;
and
UHEREAS, the petitioners have demonstrated to the satisfaction of the
Board of County Comm'issioners of Garfield County, Colorado, that there is
a reasonab'le probabil'ity of locating ciomestic water on each of said tracts'
that there is adequate ingress and egress to said tracts, that the location
of septic tanks wjll be permitted by the colorado Department of Health, that
the requested djvision is not part of an existing or'larger development and
does not fall within the general purposes and jntent 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 "subdivis'ion" and
,,subdivided tand,' as set forth in C.R.S. .l973, 30-28-10.l (10) (a)-(d) ' as
amended;
NOt^l, THEREFORE, upon the notion of Larr Ve1 asquez seconded bY
R.C. JolleY . and carried, the di'rision of the above
described tracts rrArr, "8", and "c" from the above described l6'0 acre tract
is hereby exempted from such definitions and said tract nay be divided into
traqts "A", "8", and "C", all aS iS more ful'ly deSCribed abOve' and Said
divided tract nny be conveyed in the form of such smal]er tracts without
further compliance with the aforesaid subdivision statutes and regulations;
provided, however, that this exemption is granted on the condition and with
I
the express understancirng and agreement of the Petitioners that no further
exemptions be allowed on said tracts "A"o "B", and "C", and that a copy of
the instrument or instruments of conveyance when recorded shali be filed
with this Resolution
Dated this L4th day of Ma.y , A.D . 1979.
THE BOARD OF COUNTY COMMISSIONERS
OF GARFIELD COUNTY, COLORADO
rITEN
ATTEST:
p t eof Coun Commissioners
Garfield County, Colorado
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