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HomeMy WebLinkAbout2.0 Resolution 77-85o RESOLUTI ON -t 11'o{ WHEREAS, ELI^JOOD BAIR, has petitioned the Board of County Commissioners of Garfield County, Colorado, for an exemption under C.R.S. (.l973) Section 30-28- .l01 (.I0) (a) - (d) as amended, and the Subdivision Regulations of Garfield County, Colorado, adopted September 1, 1972 and amended Apri'l .l4, .l975, Sections 1.02.17 (d) and 3.02.0.l, for the division of a 26 acre tract of land into two parcels of lB acres and B acres, more or less, and more particular'ly described as follows: The Sl^JkSWk of Section 2, Tp. 6 S., R. 92W., of the 6th P.M. EXCEPT that part conveyed out by Document No. 240198 recordedin Book 392 at Page 258. EXCEPT all that part of the SW%SW% of Section 2, Tp. 6 S., R. 92 W., 6th P.M., 1.ying Northerly and Easterly of the following described line: Beginning at a point on a fence as constructed and in place whence the re-established Section corner common to Section2, 3, .l0, and ll, in said Townsh'ip and Range bears S. B0o 48'59" l,l. .l338.66 feet; thence N.850 25'00" l^l. 292.62feet; thence S. B7o 4A' 00" I,J. 79.26 feet; thence N. 73o 34' 00" |{.48.66 feet; thence N. 2go 29'00" t^l. 220.19 feet; thence N.680 19'40" hJ. 186.69 feet; thence N. 370 35'20" l^J. .I94.39 feet; thence N. 460 03'40" |,J. 33.4.l feet; thence N. 77o 48', 20" I^I. 27 .10 feet; thence N. 72o 13'. .l9" 1,.l. 172.54feet; thence ll. 800 0B' .l3" l,l. 195.24 feet; thence Nortl'i 547.00 feet, more or 1ess, to a point on the Northerly lineof said Sl,l%St^lk. EXCEPT a tract of land situated in the Str^l%Sl,l% of Section 2in Tp. 6 S., R. 92\t., of the 6th P.M., lying Northerly of a county road as constructed and in place and Southerly of the Ware and Hinds D'itch as constructed and in p1ace, described as follows: Beginning at a point on the Northerly right-of- way line of said road whence the re-established Sect'ion Corner common to Sqctions 2,3, l0 and ll, in sa'id Township and Range bears S. 870 56' 45" l^J. 96.33 feet; thence North 77'3.55 feeti thence S. B0o 0B' .l3" E. 195.24 feet; thence S. 72o 13'.I9" E. 17?.54 feet; thence South 68.I.30 feet to a point on the Northerly right-of-way line of said road; thence S. B9o 0l' 00" l^l. 356.7'I feet along the Northerly right-of-way fine of said road to the point of beginning. Also a strip of land 800 feet wjde off the East Side of the SE% SE% of Section 3, all in Tp. 6 S., R. 9? t:!., 6th P.M., EXCEPT that part or portion of said SE%SEh of sa'id Section 3,situate, lying and being West of Pretti Gulch and moreparticularly described as beginning at a point on the West side of a lane novr constructed and in use, whence the Southeast corner of said Section 3 bears South 390 52' East .1235.62 feet; thence North 24o 33' East .l40.'l feet along the l^lesterly'lineof said lane; thence North 10 42' East .I73.38 feet along the Westeriy line of said lane; thence North 350 38'West .I02.0 feet along the tlester'ly line of said lane; thence North 20 59' East 89.B feet along the l,lesterly'line of said lane; thence West 10.33 feet and thence South 0o l7' I,,lest 472.56 feet to thepoint of beginning. o a WHEREAS, the Petitioner has shown to the satisfact'ion of the Board of County Conrnissioners of Garfield County, Co'lorado, that he desires said exemption for the purpose of re-sale into single-family residential acreage; and, WHEREAS, the Petitioner has dernonstrated to the satisfaction of the Board 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 d'ivision 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. (.l973) Section 30-28-10l (.l0) (a) - (d) as amended; NOl^l THEREF0RE, upon mot'ion of I o"^,,\/,r-lasq Je ?-- seconded by o Flauen.0en'=o- (' and carried, said 26 acre tract of land is hereby exempted from such definition and transfer of said tract may be made by division into two tracts of lB acres and B acres, more or less, a'l'l as is more fu11y described above and further that a proper 1ega1 description be prepared prior to the conveyance of said tracts. A copy of the instrument or irrstruments of conveyance when recorded shall be filed with this Resolution. Dated tnis 3r{ day of (OC*Cfu,r- , A.D. 1s77. THE BOARD OF COUNTY COMMISSIONERS OF GARFIEl-D COUNTY, COLORADO o eY,rman Attest: u 0 eof Co Commission Garfie'ld County, Col orado Lt 2