HomeMy WebLinkAbout2.0 Resolution 78-87• 1
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF
'GARFIELD COUNTY, COLORADO
RESOLUTION NO. - 78 -g'1
WHEREAS, Lewis Battorff 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 creation of two (2) tracts of approximately 2.10 acres hereinafter tract
"A" and 0.937 acres hereinafter tract "B", more or less, and said tracts "A" and
"B" are more particularly described as follows:
Tract "A"
A parcel of land in the SW,SE4 of Section 6, Township 5 South, Range
90 West of the Sixth Principal Meridian, more particulary described
as follows:
Commencing at an iron post and brass cap properly marked and found
in place for the Witness Corner to the Southwest Corner of said
Section 6, whence the true Southwest Corner of said Section 6 bears
N. 00°55'59" E. a distance of 66.00 feet; thence N. 58°56'41" E.
2872.85 feet to the Northwest Corner of said SW1/4SE4, the True Point
of Beginning; thence along the North line of said SWSE4 N. 87°46'29"
E., 172.12 feet to a point in the centerline of East Elk Creek, thence
along said centerline S. 19°12'06" W., 5.04 feet to the corner common
to Weatherly and Proper as described in deeds recorded in Garfield
County, Colorado; thence along said centerline S. 19°12'06" W., 53.04
feet; thence along said centerline S. 04°16'48" E., 119.83 feet; thence
along said centerline S. 13°01'55" E., 82.66 feet; thence along said
centerline S. 34°11'22" W., 198.95 feet; thence along said centerline
S. 00°00'07" W., 114.86 feet; thence along said centerline S. 13°51'23"
W., 141.13 feet; thence along said centerline S. 17°52'45" W., 75.41
feet to the Southwest corner of the Proper property as described in
deeds recorded in Garfield County, Colorado; thence along said center-
line S. 37°05'57" W., 77.67 feet to a point of intersection with the
West line of said SW7 SE4; thence leaving said centerline along said
West line N. 02°31'11" E., 799.14 feet to the True Point of beginning;
containing 2.10 acres, more or less.
Tract "B"
A portion of lots 1 and 3 and the NE1/4NW4 of Section 7, Township 5
South, Range 90 West of the Sixth Principal Meridian, more particularly
described as follows:
Commencing at an iron post and brass cap properly marked and found in
place for the Witness Corner to the Northwest Corner of said Section
7, whence the true Northwest Corner of said Section 7 bears N. 00°55'
59" E., a distance of 66.00 feet; thence S. 62°18'19" E., 1550.51 feet
to a point of intersection of the existing centerline of East Elk and
the centerline of an old dry creekbed, the True Point of Beginning;
thence along the centerline of said dry creekbed S. 34°12'07" W.,
88.75 feet; thence along the centerline of said dry creekbed S. 68°19'
37" W., 53.38 feet; thence along the centerline of said dry creekbed
S. 03o36'39" E., 51.35 feet; thence along the centerline of said dry
creekbed S. 74°43'48" W., 70.99 feet; thence along the centerline of
said dry creekbed S. 36°54'33" W., 32.64 feet; thence along the center-
line of said dry creekbed S. 25°47'00" W., 48.19 feet; thence along
the centerline of said dry creekbed S. 17°52'48" E., 62.89 feet; thence
along the centerline of said dry creekbed S. 68°22'46" E., 112,26 feet
to a point of intersection with the existing centerline of East Elk
• •
Creek; thence along said creek centerline N. 04°07'26" E., 8.87 feet;
thence along said creek centerline N. 36°49'12" E., 165.25 feet; thence
along said creek centerline N. 14°18'30" E., 43.34 feet; thence along
said creek centerline N. 00°41'25" W., 115.48 feet; thence along said
creek centerline N. 37°52'32" W., 44.56 feet to the True Point of
Beginning; containing 0.937 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 transfering said tracts "A" and "B" to S. J. Brungs
in order to adjust the property line between parcels belonging to S. J. Brungs
and the Peitioner and further that the transfer of said tracts "A" and "B" will
not create any third party ownership; and
WHEREAS, the Petitioner has demonstrated to the satisfaction of the Board
of County Commissioners of Garfield County, Colorado, 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 Richard C. Jolley, seconded by Flaven J.
Cerise, and carried said tracts "A" and "B" are hereby exempted from such
definitions and transfer of said tracts may be made by the division of said 2.10
and 0.937 acre tracts, more or less all as more fully described above, and said
divided tracts maybe conveyed in the form of such smaller tracts without further
compliance with the aforesaid subdivision statutes and regulations. A copy of
the instrument or instruments of conveyance when recorded shall be filed with
this Resolultion.
Dated this 8th day of August, A.D., 1978.
Attest:
D4puty
of the Boarfll—
of Counr Commissioners
Garfield County, Colorado
THE BOARD OF COUNTY COMMISSIONERS
OF GARFIELD COUNTY, COLORADO
By: oiCI
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