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4.0 Resolution 79-93
• 4/ r) Reoord©c a•�aX3�+,�1��4 Iinooption i'io . Mildrod Al8dorf, R000rdett M. AUG 9 1979 BEFORE THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO RESOLUTION NO. 79-93 BOOK 532 P40':1579 WHEREAS, Chester L. Barry 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 January 2, 1979, Sections 2.02.21 (d) and 3.02.01 for the division of a 70.0 acre tract described as follows: that parcel of land as described in Document No. 221682 as filed in the Office of the Clerk and Recorder of Garfield County, Colorado into 2 tracts of approximately 24.70 and 45.30 acres each, more or less, which proposed divided tracts are more particularly described as follows: Tract A: A parcel of land situated in the SW4 Section 7 of Township 5 South, Range 90 West of the Sixth Principal Meridian, and in the SE4 Section 12, Township 5 South, Range 91 West of the Sixth Principal Meridian, County of Garfield, State of Colorado, more particularly described as follows: Beginning at a point which is common to Sections 7 and 18 of said Township and Range, and common to Sections 12 and 13 of Township 5 South and Range 91 West of the Sixth Principal Mer- idian; thence N. 00°37'50" E. 109.82 feet along the line between said Sections 7 and 12; thence N. 30°22'00" E. 294.00 feet along the westerly right-of-way of an existing road; thence departing from said right-of-way N. 27°16'21" W. 43.64 feet along the center- line of an existing road; thence N. 18°52'55" E. 20.25 feet along said centerline; thence N. 43°58'37" E. 78.66 feet; thence N. 32° 00'46" E. 135.54 feet; thence N. 11°31'17" E. 33.97 feet; thence N. 58°37'37" W. 22.89 feet; thence S. 63°54'38" W. 25.15 feet; 0 thence S. 44°00'56" W. 65.79 feet; thence S. 58 57'46" W. 37.17 feet; thence S. 79°36'18" W. 38.68 feet; thence N. 79°27'24" W. 221.98 feet; thence N. 65°01'45" W. 54.85 feet; thence N. 50°11'31" W. 61.46 feet whence a witness corner lies N. 02°28'32" W. 51.43 feet; thence departing from said centerline N. 18°51'38" E. 672.84 feet to a rebar and cap on the line common to Sections 7 and 12; thence S. 77°09'58" E. 238.14 feet; thence S. 35°41'12" • • BOOK 532 PAGES 0 E. 609.53 feet; thence S. 79°48'32" E. 610.63 feet; thence S. 00°44' 50" W. 612.78 feet to a point on the line common to said Sections 7 and 18; thence along said Section line S. 88°48'50" W. 1195.26 feet to the point of beginning. Said parcel contains 24.70 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 process; 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 Richard C. Jolley , and carried, the division of the above described tract "A" from the above described 70.0 acre tract is hereby exempted from such definitions and said tract may be divided into tract "A", as is more fully described above, and said divided tract may he 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 tract "A", and that a copy of the _instrument or instruments of conveyance when recorded shall be filed with this Resolution. Dated this 7th day of August , A.D. 1979. ATTEST: �G2t.Qi000L ,vt Deputy Crk/of the Bda.rd of County Commissioners Garfield County, Colorado THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO