HomeMy WebLinkAbout2.0 Resolution 79-110• BEFORE TllE BOARD OF COUNTY COM MI~S IONERS OF
GARFIELD COUNTY, COLORADO
. RESOLUTIO N NO . 79-110
WHEREAS, John H. Jacobsen has petition ed the Board of County Commissioners
of Garf i eld County, Colorado, for an exe mpti on from the definition of the terms
"sub division" and "subdivided land" unde:--C.R.S. 1973, 30-2 8 -101 (HJ) (a)-(d),
as amended, and the Subdivision Regulations of Garfield County, Colorado,
adcpted January 2, 1979, Sections 2.02.21 (d) and 3.02.01 for the division of
a 20.0 acre tract described as follows: that parcel of land as described in
Document No. 279289 as filed in the Office of the Clerk and R~corder of
Garfield County, Colorado into 2 tracts of approximately 10.0 acres each, more
or less, which proposed divided tracts Gre more particularly described as follows:
Tract A: All that part of the fol1owing described property lying
East of the line common to Sections 34 and 35, Township 7 South,
Range 88 West of the Sixth Principal Meridian:
A parcel of land situated in part of Lot 8, Section 34 and in
part of Lot 4 Section 35, all in Township 7 South, Range 88
West of the Sixth Principal Meridian, more particularly described
as follows:
Beg i nning at a rebar and cap on the westerly 1 ine of said Lot
8 whence the witness corner to the South Quarter Corner of
said Section 35 bears S. 53°30'43 11 E. 4278.58 feet; thence
·East 1393.08 feet to a rebar and cap; thence southerly to
a point on the East-West centerline of said Section 35; thence
westerly along said Centerline to the West Quarter Corner of
Section 35; thence westerly along the East-West Centerline
of said Section 34 to the Southwest Corner of said Lot 8;
thence N. 00°49'00" E. alo:ig the l1lest line of said Lot 8
to the point of beginning. Containing 10 acres, more or less.
Tract B: All that part of the following described property
lying West of the line common to Sections 34 and 35, Township 7
South Range 88 West of th2 Sixth Principal Meridian:
A parcel of land situated in part of Lot 8, Section 34 and
in part of Lot 4 Section 35, all in Township 7 South, Range 88
West of the Sixth Principal Meridian, ~ore particularly de-
scribed as follows:
Beginning at a rebar and cap on the westerly line of said Lot
8 whence the witness corner to the South Quarter Corner of
said Section 35 bears S. 53°30'43" E. 4278.58 feet; thence
East 1393.08 feet to a rebar and cap; thence southerly to
a point on the East-West centerline of said Section 35; thence
westerly along said Centerline to the West Quarter Corner of
Section 35; thence westerly along the East-West Centerline
of said Section 34 to the Southwest Corner of said Lot 8;
thence N. 00°49'00" E. along the ~fost line of said Lot .8
to the point of beginning. Containing 10 acres, more or less.
Tract "A" and Tract "B" are located in the State of Colorado
and C0unty of Garfield; and
WHEREAS, the Petitioner has demonstrated to the satisfaction of the
Board of County Commissioners of Garfield County, Colorado, that the proposed
divis i on aoes not fall within the purposes of Part l, Article 28, Title 30,
Colorado Revised Statutes 1973, ~s amended, for the reason that the impact
created is not large enough to proceed through the full subdivision review;
and
WHEREAS,.the Petitioner has demonstrat~d to the satisfaction of the
Board of County Commissioners of Garfield County, Colorado, that there is
a reasonable probability of locating domestic water on .;ach of said tracts,
that t here 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;
WHEREAS, the division of the above described tracts "A" and "B" from
the above described 20 acre tract is hereby exempted from such definitions
and said tract may be divided into tracts 11 A11 and "B", all as is more fully
described above, and said divided tract may be 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 tracts "A" and 11 8 11
,
and that a copy of the instrument or instruments of conveyance when recorded
shall be filed with this Resolution.
Dated this 10th day of September , A.O. 1979.
THE BOARD OF COUNTY COMMISSIONERS
OF GARFIELD COUNTY, COLORADO
Byfi.k'!,~
~ Chair n