HomeMy WebLinkAbout2.0 Resolution 78-83• •
BEFORE THE BOARD. OF COUNTY COMMISSIONERS of
GARFIELD COUNTY, COLORADO
RESOLUTION NO. 78 - L5j`_)
WHEREAS, Edward A. Armstrong 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, Section 1.02.17(d) and 3.02.01, for the division of a
fifty-five (55) acre tract of land into one (1) tract of forty-nine (49)
acres (hereinafter tract "A"), and three (3) tracts of two (2) acres
each (hereinafter tracts "B", "C" and "D"), more or less, and said
fifty-five (55) acre tract is more particularly described as follows:
Township 6 South, Range 91 West, 6th P.M.
Section 30: SE'4NW , excepting that part thereof described
as ')eginning at the Northeast Corner of said
SE%NW4 and running thence West 538 feet; thence
South 100 feet; thence in a Southeasterly
direction 692 feet to the East line of said
Quarter Section; thence North along said East
line 444"feet to the place of beginning;
That part of the descriLed as b g .nning
at a point 508 feet due South of the Northwest
Corner of said SZNE', thence South 812 feet
to the Southwest Corner of said S',NE'-c;; thence
East and along the South line of said S1/2NE4
to a point 650 feet due West from the Southeast
Corner of the S1/2NE4j thence Northwesterly to
the point of beginning.
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
"C" and "D" into single-family residential acreage, and;
WHEREAS, the Petitioner 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
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 Flaven J. Cerise, seconded by
"B",
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Richard C. Jolley, and carried, said fifty-five (55) acre tract of land is
hereby exempted from such definitions and said tract may be divided into
one (1) tract of forth -nine (49) acres, and three (3) tracts of two (2)
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 upon the transfer of
title on said tracts "A", "B", "C", and "D" to the Petitioner, and further
that said exemption is conditioned on the Petitioner obtaining a proper
legal description of said tracts "B", "C", and "D" prior to any conveyance
thereof. Further, this exemption is granted with the express reservation
that permits for individual wells on said tracts "B", "C", and "D" will
not be issued by the Colorado Divison of Water Resources without a court
approved plan for augmentation or change in point of diversion, and with
the express understanding and agreement of the Petitioner that no further
exemptions shall be allowed on said forty-nine (49) acre tract. A copy
of the instrument or instruments of conveyance when recorded shall be
filed with this Resolution.
Dated this 21st day of August, A.D., 1978.
THE BOARD OF COUNTY COMMISSIONERS OF
GARFIELD COUNTY, COLORADO
By:
Larry Velasquez->C�hairma
Attest: ,atyleC ,.t��!lL 6tele,
Deputy Ce/of .he Boa�.'d
of Count Commissioners of
Garfield County, Colorado