HomeMy WebLinkAbout2.0 Resolution 78-108Recorded at.._l.1 .21‘;1 o'clock . .. M DEC 2 7 1978
Reception No.. 29.4-1--'41-N4-0Ella Stephens. Recorder
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF.
GARFIELD COUNTY, COLORADO
RESOLUTION N0. 78 - /CS
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WHEREAS, Robert D. Adams 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 September 1, 1972
and amended April 14, 1975, Sections 1.02.17 (d) and 3.02.01, for the
division of a 20.0 acre tract into two (2) tracts of approximately
10.0 acres each (hereinafter tracts "A" and "B"), more or less, and
said 20.0 acre tract is more particularly described as follows:
A tract of land situated in the SW1 of the SE1, of
Section 27, and in the NWk of the Nn of Section 34,
all in Township 4 South, Range 92 West of the 6th
Principal meridian and being more particularly
described as follows:
Beginning at the Northeast Corner of said NW14 NE1
whence the Quarter Corner between said Sections 27
and 34 bears S. 89° 29' 00" W. 1308.56 feet; thence
S. 00° 27' 20" W. 841.25 feet along the easterly
line of said NW' NEl-r,; thence S. 83° 43' 41" W. 915.27
feet to a point in the center of East Rifle Creek;
thence along the centerline of said creek on the
following courses: N. 12° 53' 00" E. 179.29 feet;
thence N. 13° 55' 40" E. 107.56 feet; thence N. 20°
14' 00" E. 128.73 eet; thence N. 03° 91'30" W.
66.91 feet; thence N. 23° 34' 30'' E. 199.28 feet;
thence N. 19° 24' 00" W. 201.93 feet; thence N. 39°
47' 00" W. 76.80 feet; thence N. 05° 01' 00" E.
96.70 feet; thence N. 38° 23' 00" W. 113.27 feet;
thence N. 07° 43' 00" W. 72.61 feet; thence East 70.00
feet; thence leaving said creek centerline on a course
bearing East for a distance of 844.87 feet to a point
on the easterly line of said Std'-; SE -i; thence S. 00°
52' 40" E. 214.77 feet along the easterly line of said
SW1/4 SE14 to the Southeast Corner of said SWI: SE1u, the
point of beginning, containing 20.905 acres, more or
less.
WHEREAS, the Petitioner has demonstrated to the satisfaction of
the Board of County Commissioners of Garfield County, Colorado, that -
he desires said exemption for the purpose of resale of said tracts into -
single -family residential acreage, and;
WHEREAS, the Peti.ti.oner has 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
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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 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 Richard C. Jolley, seconded by
Flaven J. Cerise, and carried, said 20.0 acre tract of land is hereby
exempted from such definitions and said tract may be divided into two (2)
tracts of 10.0 acres each, 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 Petitioner obtaining a proper legal description of said tracts prior
to any conveyance thereof. Further, this exemption is granted on the
condition and with the express understanding and agreement of the Peti-
tioner that no further exemptions be allowed on said tracts "A" and "B",
and with the express reservation that permits for an individual exempt
well on said tract "B" will not be issued by the Colorado Division of
-Water Resources without a court approved plan of augmentation or change
in point of diversion, and that no building permits will be issued without
adequate information on the 100 year flood plain on said tracts. A copy
of the instrument or instruments of conveyance when recorded shall be
filed with this Resolution.
Dated this 23rd day of October, A.D., 1978.
ATTEST:
1
D:puty(Crlerk'of the Boa
o County Commissioners
Garfield County, Colorado
THE BOARD OF COUNTY COMMISSIONERS
OF GARFIELD COUNTY, COLORADO
BY: it _
Larry Velasquez, Chai�man� -s