HomeMy WebLinkAbout2.0 Resolution 79-117S
Recorded at o o' olo0 x.11.....EP 2 5 $71
Reception No. 299 29 Mildred Aledorf, Recorder
BOOK 535 ?MGE9O=5
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF
GARFIELD COUNTY, COLORADO
RESOLUTION NO. 79-117
WHEREAS, Dan Kerst 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 22.00 acre tract described as follows: that parcel of land as described
in Document No. 295684 as filed in the Office of the Clerk and Recorder of
Garfield County, Colorado into 4 tracts of approximately 6.5, 5.26, 5.09, 5.16
acres each, more or less, which proposed divided tracts are more particularly
described as follows:
Tract A: A parcel of land situated in Lot 5, Lot 9 and that
portion of the Colorado (Grand) River Meander Land in the WZ
of Section 7, Township 6 South, Range 91 West of the Sixth
Principal Meridian, also situated in Lot 5 and that portion
of the Colorado (Grand) River Meander Lare in the EZ of
Section 12, Township 6 South, Range 92 West of the Sixth
Principal Meridian, said parcel of land is more fully described
as follows:
Beginning at an iron pipe with a brass can properly narked
for the Witness Quarter Corner common to said Sections 7 and 12;
whence the True Quarter Corner location bears: S. 00°39'41" E.
132.86 feet; thence S. 04°22'29" E. 1001.60 feet to the TRUE
POINT OF BEGINNING; thence S. 81°44'43" W. 246.21 feet; thence
N. 00°23'12" W. 1196.58 feet to a point in the centerline of
said river; thence N. 80°16'09" E. 45.87 feet along said center-
line; thence N. 70°10'10" E. 152.55 feet along said centerline;
thence S. 19°49'50" E. 117.94 feet, thence S. 01°11'16 E.
1110.00 feet to the TRUE POINT OF BEGINNING.
The above described parcel of land contains 6.50 acres of land,
more or less.
Tract B: A parcel of land situated in Lots 9 and 10 of Section
7, Township 6 South, Range 91 West of the Sixth Principal
Meridian, and Lot 5 and the SE 4SE 4 of Section 12, Townshi p 6
BOOK 535 P&GE9OG
South, Range 92 West of the Sixth Principal Meridian lying
Northerly of the Northerly right-of-way line of County Road No.
335, said Parcel of land is more fully described as follows:
Beginning at an iron pipe with a brass cap properly marked
for the Witness Quarter Corner common to said Sections 7 and
12; whence the true Quarter Corner location bears: S. 00°39'41" E:
132.86 feet; thence S. 04°41'56" W. 1965.50 feet to a point on
said right-of-way line, the TRUE POINT OF BEGINNING: thence
N. 00°23'12" W. 924.89 feet; thence N. 81°44'43" E. 246.21
feet; thence S. 01°11'16" E. 903.15 feet to a point on said
right-of-way line; thence S. 77°23'57" W. along said right-of-way
line 262.46 feet to the TRUE POINT OF BEGINNING.
The above described parcel of land contains 5.26 acres, more or
less.
Tract C: A parcel of land situated in Lot 5 and the SE1/4SE4 of
Section 12, Township 6 South, Range 92 West of the Sixth Princi-
pal Meridian, lying Northerly of the Northerly right-of-way line
of County Road No. 335, said parcel of land is more fully
described as follows:
Beginning at an iron pipe with a brass cap properly marked for
the East Witness Quarter Corner of said Section 12; whence the
true Quarter Corner location bears S. 00°39'41" E. 132.86 feet;
thence S. 04°41'56" W. 1965.50 feet to a point on said right-of-way
line the TRUE POINT OF BEGINNING; thence S. 77°23'57" W. 242.74
feet along said right-of-way line; thence N. 00°23'12" W. 943.46
feet; thence N. 81°44'43 E. 239.50 feet; thence S. 00°23'12" E.
92.89 feet to a point on said right-of-way line, the TRUE POINT
OF BEGINNING.
The above described parcel of land contains 5.09 acres, more or
less.
Tract D: A parcel of land situated in Lot 5 and the SE1/4SE4 of
Section 12, Township 6 South, Range 92 West of the Sixth Princi-
pal Meridian, lying Northerly of the Northerly right-of-way line
of County Road No. 335, said parcel of land is more fully
described as follows
Beginning at an iron pipe with a brass cap properly marked for
the East Witness Quarter Corner of said Section 12, whence the.
BOOK 535 r 0E90>
true Quarter Corner location bears S. 00°39'41" E. 132.86 feet;
thence S. 04°41'56" W. 1965.50 feet to a point on said right-of-way
line the TRUE POINT OF BEGINNING; thence S. 77°23'57" W. 242.74
feet along said right-of-way line; thence N. 00°23'12" 11. 943.46
feet; thence N. 81°44'43" E. 239.50 feet; thence S. 00°23'12" E.'
924.89 feet to a point on said right-of-way line, the TRUE POINT
OF BEGINNING.
The above described parcel of land contains 5.09 acres, more or
Tess.
Tract D: A parcel of land situated in Lot 5 and the SESEQ of
Section 12; Township 6 South, Range 92 West of the Sixth Principal
Meridian, lying Northerly of the Northerly right-of-way line of
County Road No. 335, said parcel of land is more fully described
as follows:
Beginning at an iron pipe with a brass cap properly marked for the
East Witness Quarter Corner of said Section 12; whence the true
Quarter Corner location bears: S. 00°39'41" E. 132.86 feet;
thence S. 17°03'16" W. 2159.43 feet to a point on said right-of-way
line, the TRUE POINT OF BEGINNING: (whence the North Quarter
Corner of Section 7, Township 6 South, Range 91 West of the Sixth
Principal Meridian bears: N. 35°42'20" E. 5652.48 feet); thence
N. 00°23'12" W. 961.91 feet; thence N. 81044'43" E. 238.00 feet;
thence S. 00°23'12" E. 943.46 feet to a point on said right-of-way
line; thence S. 77°23'57" W. along said right-of-way line 241.22
feet to the TRUE POINT OF BEGINNING.
The above described parcel of land contains 5.16 acres, more or
Tess.
Tract "A", "B", "C" and "D" are 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;
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,
BOOK 535 PA0E903
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
therequested 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 tracts "A", "B", "C", and
"D" from the above described 22.0 acre tract is hereby exempted from such
definitions and said tract may be divided into tracts "A "B", "C", and
"D", 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 tracts "A","B", "C" and "D" and that a copy of the instrument and
instruments of conveyance when recorded shall be filed with this Resolution.
Dated this24th day of September , A.D. 1979
THE BOARD OF COUNTY C0MMISF,I0NERS
OF GARFIELD COUNTY, COLORADO
1
ATTEST: l�!%'l f �
Dep y Cl er Of the Board 1'
of County e'ommissioners
Garfield County, Colorado
Chairman