HomeMy WebLinkAbout2.0 Resolution 79-150ACOOord:sa s '{
Reception No
f1EC - 4 1979 isooK
•
arced Aiudorf. Recorder
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF
GARFIELD COUNTY, COLORADO
• RESOLUTION NO. 7q-67
WHEREAS, Larry A. and Bernice Kindall 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 18.4 acre tract described as follows:
that parcel of land as described in Document No. 260490 as filed in the
Office of the Clerk and Recorder of Garfield County, Colorado into 3 tracts
of approximately 3.49, 3.48, and 10.43 acres each, more or less, which
proposed divided tracts are more particularly described as follows:
Tract A: A parcel of land situated in Lot 16 and Tract 37,
Section 17, Township 7 South, Range 88 West of the 6th Principal
Meridian and more fully described as follows:
Beginning at Angle Point 6 of Tract 37 of said Section 17,
thence East 140.58 feet; thence S.12°11'00"E. 238.00 feet to
the Northerly right-of-way of a County Road; thence along
said right-of-way S.53°47'53"W. 126.57 feet; t'ience along an
arc of a curve to the right with a radius of 731.82 feet, the
chord of which is S.57°53'47"W. 104.67 feet: -thence S.62°nn'fn"14.
170.45 feet; thence leaving said Northerly right-of-way N.22°
03'19"W. 478.03 feet; thence East 330.00 feet to the Point
of Beginning, containing 3.49 acres, more or less.
Tract B: A parcel of land situated in Lot 16, Section 17, Town-
ship 7 South, Range 88 West of the 6th Principal Meridian and more
fully described as follows:
Beginning at Angle Point 6 of Tract 37, Section 17, Township 7
South, Range 88 West of the 6th Principal Meridian, thence
West 330.00 feet; the True Point of Beginning; thence
S.22°03'19"E. 478.03 feet to the Northerly right-of-way of a
County Road; thence alone said Northerly right-of-way S.62°00'00"W.
2.45.49 feet; thence leaving said Northerly right-of-way N.28°
00'00" W. 632.31 feet; thence East 334.11 feet to the True Point
of Beginning, containing 3.48 acres, more or less.
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Tract C: A trac. land situated in Lot 16 and Itt No. 37 of
Section 17, Township 7 South, Range 88 West of the Sixth Principal
Meridian, lying Northwesterly of the Cattle Creek Road, Northerly
of the Southerly line of said Lot 16, Easterly of the Westerly line
of said Lot 16, being described as follows:
Beginning at Corner No. 6 of said Tract No. 37; thence East 140.58
feet along the Northerly line of said Tract No. 37; thence S.12°11'00"E.
238.00 feet to the Northwesterly right-of-way line of said Road: thence
Southwesterly along said County Road 1040.00 feet to the Southerly
line of said Lot 16; thence Westerly 470.00 feet along the Southerly
line of said Lot 16 to the Southwest Corner of said Lot 16; thence
Northerly 765.00 feet along the Westerly line of said Lot 16; thence
East 1179.00 feet more or less to Corner No. 6 of said Tract No. 37,
the point of beginning, EXCEPTING THEREFROM those parcels of land
hereinabove described as Tracts A and B; containing 10.43 acres, more
or less.
Tract "A", "B", and "C" are located in the State of Colorado and
County of Garfield; and
WHEREAS, the Petitioners have demonstrated to the satisfaction of the
Board of County Commissioners of Garfield County, Colorado, that the nronosed
division does not fall within thepurposes 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 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, 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, BE IT RESOLVED that the division of the above described
Tracts "A", "B", and "C" from the above described 18.4 acre tract is hereby
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exempted from such definitions and said tract may be divided into tracts "A",
"B", and "C", 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 exrress under-
standing and agreement of the Petitioners that no further exemptions be
allowed on said tracts "A", "B", and "C", and that a copy of the instrument
or instruments of conveyance when recorded shall he filed with this Resolution.
Dated this 3rcL day of.t'.Q16{IgA-1, A.D. 1979.
THE BOARD OF COUNTY COMMISSIONERS
OF GARFIELD COUNTY, COLORADO,
By•
ATTEST:
De ty C er of the. Boa
of Count Commissioners
Garfield County, Colorado
Chairma