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HomeMy WebLinkAbout2.0 Resolution 78-38• • R E S 0 L U T I 0 N :Jf 7£ -3 f) WHEREAS, JOHN H. JACOBSEN has petitioned the Board of County Comnissioners of Garfield County: Colorado, for an exemption under C.R.S. (1973) Section 30- 28-101 (10) (a) -(d) as aJTEnded, and the Subdivision Regulations of Garfield County, Colorado, adopted September 1, 1972 and amended April 14, 1975, Sections l.02.17(d) and 3.02.01, for the division of a 38 acre tract of land into two tracts of 18 and 20 acres, more or less, and said 38 acre tract of land is more particularly described as follows: A parcel of land being a part of Lots 8 and 9 of Section 34 and part of Lots 4 and 10 of Section 35 all in Township 7 South, Range 88 W2st of the Sixth Principal Meridian, said parcel of land is described as follows: Beginning at a point on the Westerly line of said Lot 8 whence the Witness Corner to the South Quarter Corner of said Section 35 bears: S. 53° 30 1 43" E. 4278. 58 feet; thence East 1393.08 feet; thence South 1195.59 feet to a point on the Southerly line of said Lot 10; thence N. 88° 50 1 48" W. along the Southerly lines of said Lots 9 and 10, 1410.00 feet to the Southwest Corner of said Lot 9; thence N. 00° 49' 00" E. along the Westerly lines of said Lots 8 and 9, 1167.33 feet to the point of beginning. Together with non-exclusive roadway and utility access to and from said tract of land to and from the County Road lying Southerly thereof, over and across the roadway presently constructed and in place. Together with a 1.2/4.3 proportionate interest in and to the Slough Ditch and Banning Lateral, being Ditch No. 193, and the 4.3 cubic feet of water per second of time adjudicated thereto under Priority No. 274. WHEREAS, the Petitioner has deroonstrated to the satisfaction of the Board of County Commissioners of Garfield County, Colorado, that he desires said exemption for the purpose of re-sale into single-family residential acreage; and, WHEREAS, the Petitioner has demonstrated to the satisfaction of the Board of County Commissioners that there is a reasonable probability of locating domestic water on each of said tracts, that there is adequate ingress and e~ress to said tracts, that the location of septic tanks will be permitted by the Colorado Departrnent 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) Section 30-28-101 (10) (a) -(d) as arrended; NOW THEREFORE, upon motion of -p_ .f!. · Jot/~ seconded by • • Jl~ J. ~e.... and carried, said 38 acre tract of land is hereby exempted from such definition and transfer of sai d tract may be made by division into two tracts of 18 and 20 acres, more or less, all as is more fully described above and further, that said exemption is conditioned upon the Petitioner obtaining a proper legal description of said tracts prior to any conveyance thereof. A copy of the instrument(s) of conveyance when recorded shall be filed with this Resolution. Dated this$rd... day of __,_~~-----L=-----' A.O. 1978. THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO - 2 -