HomeMy WebLinkAbout2.0 Resolution 78-99ecoxded ;a u:.. a' clock
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EFORE: THE :BOARD;:: OF COUNTY;COMMISSIONERS: .
GARFIELDCOUNTY, COLORA:
RESOLUTIONNO. 78 - 99
WHEREAS, Stedman B.. -and Cornelia. K Amory -.have petitioned the
Board. -of' County Commissioners •of Garfield .County, : Colorado, f.01.7.1-_-:0::::'.; .:
:exemption::-from_=thee: -defi�nition-:of -the-`:terms'.;=::'s:ub�division! .:and' -"sub= ::..
diided land" :under 197
C:R S. 3, 30-2'8 101 (10):
v : (a) -(d) as amended,,c;-
and the Subdivision Regulations of Garfield County Colorado adopted
September 1, 1972 and amended April 14, 1975, Sections 1:_02.17.:(d) .'
and . .3.:•02 01; for ,the :division :of a 2, 300 acre tract into two (2:;
tracts of:'approxlmately:'2,290:acres- (hereinafter tract.; -.!!A!')` -:and ten lb)
',:acres .:.(h'ereinafter- •:tract.: ''B'!) ` ... more :':or-'1:ess andr•'said `•2 :300 acr
tract and said_:tract !!B" are, more particularly described :as follows
,100 acre e tract:.
Land_:in 'TP _7 S R-92 W:_of the 6th P M:-, Sec. 1, 2, 3,'10, '.
11, 12, 15 Lands in . TP 8 S R .93 W of the: ,' 10th: P.M. Sec_,,.:
2,: 11
fact..: "B"
A -parcel of land situated. in::the-: S/2NW',::- Section:`:1.5:,.:_Townsh;ip:::1
South',.Range:92.West of the -:Sixth Principal Meridian, lying
westerly of the Westerlyright-of way=;of ° County Road . 331, ..
Easterly Of the center line of Dry Hollow and Southerly of:
, the.` approximate North line_ of the S1NW1/4 and Southwesterly- of ..:
the center' line of the gulch more particularly -'described _as
follows:...
"Beginning at - the witnes . MOUO dent to . the North .1/4. corner' of-
Se.cti.on 10, '.!Township.'..; 7 South-, Range . 92 'West of the Sixth
-Principal Meridian,.•an..iron.:.post with.brass cap>properly
marked _and set by: the Garfield County Surveyor said :monument
`being N. ,89°,201:421.1.,:E-,, -'66:;00 feet from the true.'. position, __,
'.thence_. S. 12°02':24"' W . , :6.893.51' feet, td:-.: a', Point:_in in the. center
line"of a gulch on the`' West, right -of way:of County --Road No
133 the: True Point . of Beginning;. thence along said West
right-of-way S ,0.0°05'00" W.: 573 79 -feet• thence leavin
said- right-of-way. • West;; 707.18 feet to :a point in• the - center,
of= Dry -Hollow; thence along: the. cent er.of Dry ;Hollow N. 279
32'33"'W.-, 85.00.feet; thence N.: 03°49'16" W., 5:87.43. feet_
more -or less to the Northerly I. line of.;the S NW' of -Sect ion- 15; -;,:
thence -`leaving said center..of.:Dry. Hollow. and along. the approxi .'_
':mate North: line' of the'-.S�NW' , -East `320.,.02; feet to a point`in
the center of a_gulch;.:thence along said�center:.:of..gulch
S. 73°05'26" E., 197.10 feet• •thence S•. 81°19'4•5" E., 201 5r
feet: to.=the. -True-=,Point of - Beginning .'
aid parcel of land contains 10`.00_acres, .more or less
WHEREAS, the. Petitioners have demonstrated to the satisfaction of tli
oard_of-County Commissioners of Garfield County; Colorado, that they.
esire said exemption,for' the purpose of resale of said tract "B" into
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aVA
72,
BOOK 520 rAGE193
single-family residential acreage, and;
WHEREAS, the Petitioners have demonstrated to the satisfaction of
the Board of County Commissioners of Garfield County, Colorado, 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 in accordance with 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
definitionof 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 Richard C. Jolley, seconded by
Flaven J. Cerise, and carried, said 2,300 acre tract of land is hereby
exempted from suchdefinitions and said tract may be divided into two
(2) tracts of 2,290 acres and ten (10) acres, more or less, 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
said exemption is conditioned on the Petitioners providing to any purchase
•of said tract "B", one full share of the Terrell -O'Connell Springs pipe-
line for domestic water supply and one-half share of the Divide Creek
High Line Ditch Company for irrigation. Further, this exemption is granted
on the condition and with the express understanding and agreement of the
Petitioners that no further exemptions be allowed on said tract "B". A
copy of the instrument or instruments of conveyance when recorded shall be
filed with this Resolution.
Dated this 18th day of September, A.D., 1978.
ATTEST:
De Dutye of the ' B.3ti
of Colin/ Commissioners
Garfield County, Colorado
THE BOARD OF COUNTY COMMISSIONERS
OF GARFIELD COUNTY, COLORADO
BY: A.DA=LJ9-Q
Larry `VeZascl�ttez�h. i_