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HomeMy WebLinkAbout2.0 Resolution 79-116SEP 5 w'. 1 leoorded at.x.._.,:.:..._. o, c+loes •&�. . Reception 2No . t:ildrod Alsdorf, • Reno BEFORE THE BOARD OF COUNTY,COMMISSIONERS OF GARFIELD COUNTY, COLORADO RESOLUTION NO.79-116 WHEREAS, David C. Beck, Julie M. Beck, Charles. A. Beck, an Mona Beck, have petitioned the Board of County Commis-sioners Garfield County, Colorado, to amend its resolution dated March 17, 1975 to provide for the division from that real property owned by Charles A. Beck and Mona Beck, described in deed recorded as Reception No. 220330 in Book 347 at Pages 75-77, a tract of land containing approximately 11.54 acres, as more particularly described on Exhibit "A" attached hereto and incorporated herein. by this reference, which amendment is necessary due to an error in the survey description as contained in said March 17, 1975 resolution;. and WHEREAS, the Petitioners have further petitioned said Board of County Commissioners for an exemption from the definition of the terms "subdivision" and "subdivided land" under C.R.S. 197:3.,. 30-28-101 (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 the tract of land described on Exhibit "A" attached hereto, and that real property described in United States Patent recorded as Reception No. 296931, in Book 533 at Page 885 of the Garfield County Records, into three tracts containing approximately 5.197 acre.-,, 6.603 acres and 17.613 acres respectively, which proposed divided tracts are situate in Garfield County, Colorado, and are particularly described as Tracts "A", "B", and "C" on Exhibit "B" attached hereto and incorporated herein by this reference; and WHEREAS, the Petitioners have 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 review and for the further reason that the division and creation of that Tract described on Exhibit "A" attached hereto, is merely for the BOOK 535 pAGE901 purpose of correcting an erroneous description contained in the above• described resolution of this Board of County Commissioners dated March 17, 19751 and WHEREAS, the Petitioners have requested that Tract "A" as described on Exhibit "B attached hereto, be and become an undivided part of that real property now owned by Bobby R. Burkett and Donna M. Burkett and described in deed recorded as Reception No. 259209 in Book 447 at Page 250 of the Garfield County •Records; and WHEREAS, the Petitioners have demonstrated to the satisfaction of the Board of County Commissioners of Garfield County, Colorado, that the domestic water requirements of each of said tracts is provided for, that there is adequate ingress and egress to said tract, that the location of septic tanks, if any, 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 definitions of the "subdivision" and "subdivided land" as set forth in C.R.S. 1973, 30-28-101 (10) (a) -(d) as amended; WHEREAS, the admendment of the above referenced resolution of this Board and the division of that Tract of land described on Exhibit "A attached, and the division of Tracts "A", "B" and "C" as described on Exhibit "B" attached, is hereby exempted from such definitions and said property may be divided into Tracts "A", "B" and "C" as described on Exhibit "B" attached and said tracts, as divided, may be conveyed 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 petitioners, that no further exemptions be allowed on said Tracts "A", and "B", that Tract "B" shall be and become a part of that real property owned by Bobby R. Burkett and Donna M. Burkett as above described, and that a copy of the instrument or instruments of conveyance when s ,44 j, e filed with:;. -this; . reso Lution • 'ate d this 2,4th day of September BOOK :? 535 PAGE THE BOARD OF COUNTY COMMISSIONER' OF. GARFIELD''COUNTY , LORADO 7 -ty C zhc fof the .Boord Colin Commissioners arfield . County, ; Colorado Chairman EXHIBIT "A" To David C. Beck, Julie M. Beck Charles A. Beck and Mona Beck Board of County Commissioners Resolution BOOK 535 FAGE9O3 A tract of land located in Section 17, Township 7 South, Range 88 West of the .6th Principal Meridian described as follows: Beginning at the center quarter corner of said Section 17; thence along the Southerly line of the northwest quarter of said Section 17, N. 89°16'12" W. 824.25 feet to the southeasterly right of way line of a county road; thence continuing along said southeasterly right of way line N. 59°44'31" E. 570.64 feet; thence continuing along said southeasterly right of way line N. 53°47'53" E. 843.59 feet; thence S. 05°45'55" E. 805.86 feet; thence N. 89°16'12" W. 430.43 feet to the point of beginning containing 10.96 acres more or less. This deed is given for the purpose of correcting the description contained in that certain deed recorded April 9, 1975 as Reception No. 266913 in Book 471 at Page 236 of the records of the Clerk and Recorder of Garfield County, Colorado. BOOK 535 Pac€904 EXHIBIT "B" To David C. Beck, Julie M. Beck Charles A. Beck and Mona Beck Board of County Commissioners Resolution Trac* "q': A tract of land located in Section 17, Township• 7 South, Pantie dd %est of the Sixth Principal Meridian, further described as follows: Beginning at a Point whence the Center Quarter Corner of the Northeast Quarter of said Section 17 bears N. 89°16'12" W. 56.00 feet; thence S. 00°22'31" W. 653.79 feet; thence N. 89"03'17" W. 56.00 feet; thence N. 00°22'31" E. 653.585 feet to the Center Quarter Corner of Section. 17; thence along the Southerly line of the"T;orthwest Quarter of Section 17 to the Southeasterly Pight—of—way line of a County Poad as constructed and ir. rlace N. 89°16'12" w. 824.25 feet; thence continuing along said Southeasterly Fight—of—wry line N. 59"44131" 570.64 feet: thence N. A8°15.21• F. 389.40 feat: thence S. 00'22'31" W. 310.62 feet to the Point of Beginning and containing 5.197 acres. ': A tract of land located in Section 1%, Townshir. 7 South, Range 88 West of the Sixth Principal Meridian, further described as follows: Beginning at a Point whence the Center Quarter Corner of the Northeast Quarter of Section 17 bears N. 89°16'12" W. 56.00 feet; thence N. 00°22'31" E. 310.62 feet; thence to the Southeasterly Pight—of—way line of a County Poad as constructed and in Place S. 88°15'21" W. 389.49 feet; thence along said Southeasterly Tight—of—way N. 53°47'53" E. 843.59 feet; thence S. 5" 5'55 E. 805.86 feet; thence N. 89°16'12" W. 374.43 feet to the Point of Beginning and containing 6.603 acres. ., • tract of land located in the Northeast Quarter of Section 17, Township 7 South, Pange 88 :':est of the Sixth Tr 1 r further inci:� Meridian, described follows: Beginning at a Point whence the Center Quarter Corner of said hortheast Quarter of Section 17 bears N. 89°16'12" W. 56.00 feet; thence S. 89°16'12" E. 1160.73 feet; thence S. 01°09'42" E. 658.58 feet; thence h. 89°03'17" W. 1178.43 feet; thence N. 00°22'31" E. 653.79 feet to the Point of Beginning and containing. 17.613 acres.