HomeMy WebLinkAbout2.0 Resolution 79-76Recorded n'oioc 11, AUG 9 1979
Reception No . 296401 Mildred Pas dor f, R.00rda
BOOK
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF
GARFIELD COUNTY, COLORADO
RESOLUTION NO. 79-76
532 ?AGI:S89
r
WHEREAS, John Eymere 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
(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 an 8.1 acre tract described as follows: that tract of land
as described in Document No. 268914 as filed in the Office of the Clerk
and Recorder of Garfield County into 3 tracts of approximately 3.0, 3.0 and
2.0 acres each, more or less, which proposed divided tracts are more parti-
cularly described as follows:
Tract A: A parcel of land situated in the NEgNE4 of Sec-
tion 23, Township 7 South, Range 88 West of the Sixth
Principal Meridian, Garfield County, Colorado, more
particularly described as follows:
Commencing at the Northeast corner of said Section 23,
thence S. 03°23'24" W. 900.05 feet to the True Point of
Beginning; thence S. 03°23'24" W. 416.68 feet; thence
S. 89°49'56" W. 235.29 feet; thence N. 08°23'00" W. 120.71
feet; thence N. 26°34'00" E. 277.53 feet; thence N.15°01130"
W. 50.73 feet; thence East 166.56 feet to the True Point of
Beginning; containing 2.0246 acres more or less.
Tract B: A parcel of land situated in the NEIE' of Sec-
tion 23, Township 7 South, Range 88 West of the Sixth
Principal Meridian, Garfield County, Colorado, more parti-
cularly described as follows:
Commencing at the Northeast corner of said Section 23,
thence S. 03°23'24" W. 378.15 feet to the True Point of
Beginning; thence S. 03°23'24" W. 521.90 feet; thence West
166.56; thence N. 15°01'30" W. 429.10 feet; thence N. 25°04'30" W.
116.97 feet; thence N. 89°54'08" E. 358.23 feet to the True Point
of Beginning; containing 3.0363 acres more or less.
Tract C: A parcel of land situated in the NEQNE? of Section 23,
Township 7 South, Range 88 West of the Sixth Principal Meridian,
BOOK 532 rhn c .L
Garfield County, Colorado, more particularly described as follows:
Commencing at the Northeast corner of said Section 23, the True
Point of Beginning; thence S. 03°23'24" W. 378.15 feet; thence
S. 89°54'08" W. 358.23 feet; thence N. 25°04'30" W. 42.72 feet;
thence N. 13°23'00" E. 348.32 feet; thence N. 89°54'08" E. 318.07
feet to the True Point of Beginning, containing 3.0363 acres, more
or less.
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, 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 tracts
"A", "B", and "C" from the above described 8.1 acre tract is hereby exempted
from such definitions and said tract may be divided into tracts "A", "R", 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 express understanding and
agreement of the Petitioner 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 be filed with this Resolution.
Dated this l6thday of July, A.D. 1979.
ATTEST:
Deputy C Idrof the Boo d
BOARD OF COMMISSIONERS
GARFIELD COUNTY,T_.COLORADO
Chairman Pro -Tem