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HomeMy WebLinkAbout3.0 Resolution 78-13s • RESOLUTI0N4i7 -I3 WHEREAS, DAVID and GENEVA INGERSOLL have petitioned the Board of County Commissioners of Garfield County, Colorado, for an exemption under C.R.S. (1973) Section 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 division of a 11.246 acre tract of land into two tracts of 5 and 6.246 acres, more or less, and said 0.78 acre tract and 10.466 acre tract are described as follows: A tract of land situated in the NE4SW1 of Section 30, Township 5 South, Range 91 West of the Sixth Principal Meridian, lying easterly of a county road right-of-way fence as constructed and in place, said tract of land being described as follows: Beginning at a point in the easterly right-of-way fence of said road, whence a stone found in place and properly marked for the West Quarter Corner of said Section 30 bears: N. 50° 15' 53" W. 1807.78 feet; thence N. 05° 55' 50" E. 110.00 feet along said right-of-way fence; thence S. 82° 08' 12" E. 340.07 feet; thence S. 000 44' 47" W. 88.38 feet; thence N. 85° 48' 03" W. 348.02 feet to a point in said fence, the point of beginning. The above described tract of land contains 0.78 acres, more or less. A tract of land situated in the NE1/4SW4 of Section 30, Township 5 South, Range 91 West of the 6th Principal Meridian lying easterly of a County road right-of-way fence as constructed and in place, southwesterly of the right-of-way line of the Ware and Hinds Ditch, and westerly of a fence as constructed and in place, said tract being described as follows: Beginning at a point on the easterly right-of-way fence of said road whence a stone found in place and properly marked for the W. 4 corner of said Section 30 bears N. 47u 13' 25" W. 1888.31 feet; thence N. 09° 02' 30" W. 32.20 feet along said right-of- way fence; thence N. 050 39' 08" E. 265.49 feet along said right-of-way fence; thence N. 050 15' 54" W. 128.81 feet along said right-of-way fence; thence N. 04° 28' 17" W. 212.62 feet along said right-of-way fence; thence N. 010 09' 14" E. 39.28 feet along said right-of-way fence; thence N. 08° 16' 56" E. 93.04 feet along said right-of-way fence; thence N. 20° 44' 59" E. 112.48 feet along said right-of-way fence; thence N. 17° 19' 02" E. 36.70 feet along said right-of-way fence; thence N. 54° 49' 23" W. 40.50 feet along said right-of-way fence; thence N. 44° 53' 05" W. 63.67 feet along said right-of-way fence; thence N. 68° 20' 22" W. 19.40 feet along said right-of-way fence; thence N. 02° 58' 04" E. 83.94 feet along said right- of-way fence to the southerly right-of-way line of the Ware and Hinds Ditch; thence S. 78° 55' 20" E. 98.51 feet along said right-of-way line; thence S. 500 01' 03" E. 30.19 feet along said right-of-way line; thence S. 48° 41' 24" E. 181.91 feet • • along said right-of-way line; thence S. 57° 12' 51" E. .101.91 feet along said right-of-way line; thence S. 53° 40' 40" E. 266.75 feet along said right-of-way line; thence S. 610 30' 38" E. 37.11 feet along said right-of-way line to a fence as constructed and in place, thence S. 000 40' 55" W. 632.02 feet along said fence; thence S. 87° 49' 47" W. 547.17 feet to the point of beginning. The above described tract of land contains 10.466.acres, more or less. WHEREAS, the Petitioners have demonstrated to the satisfaction of the Board of County Commissioners of Garfield County, Colorado, that they desire said exemption for the purpose of re -sale into single-family residential acreage; and, WHEREAS, the Petitioners have 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 egress to said tracts, that the location of septic tanks will be permitted by the Colorado Department 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 amended; NOW THEREFORE, upon motion of -'' .C.. seconded by F Ia v e v\-. C�.r-►� and carried, said 11.246 acre tract of land is hereby exempted from such definition and transfer of said tract may be made by division into two tracts of 5 and 6.246 acres, more or less, all as is more fully described above, and further, that said exemption is conditioned upon the Petitioners 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 ;71- YA day of February, A.D. 1978. Attest: 44/1 De uty C -r "'of the Boar County Commissioners, Garfield County, Colorado -2 THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO By: arr Velasgr C