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HomeMy WebLinkAbout2.0 Resolution 79-103i SEP n 5 ltw.: $iekoorded at ....r.. o' o o ..4 __ . "a.ception No . _ _n:A.A.... "`—`. t Mile'- ^a Al selorf, Recorder BEFORE THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO RESOLUTION NO. 79-103 BOOK 535 F GE921 WHEREAS, Andrew Julius 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 January 2, 1979, Sections 2.02.21 (d) and 3.02.01 for the division of a 35.0 acre tract described as follows: that parcel of land as described in Document No. 243127 as filed in the Office of the Clerk and Recorder of Garfield County, Colorado into 2 tracts of approximately 7.0 and 28.0 acres each, more or less, which proposed divided tract is more particularly described as follows: Tract A: A parcel of land situated in the SW1/4SE4 of Section 18, Township 6 South, Range 92West of the Sixth Principal Meridian, and more particularly described as follows: Beginning at the Southwest Corner of said Section 18; thence along the South line of Section 18 N. 88°22'36" E. 1620.91 feet to the North-South Centerline of said Section 18 the True Point of Beginning; thence along the North-South Centerline of said Section 18 N. 00°27'29" W. 57.88 feet to the Southerly right-of-way of a proposed 100.00 foot road; thence along the Southerly and Easterly right-of-way of said road along the arc of a curve to the left 286.95 feet, with a radius of 450.00 feet, the chord of which bears: N. 40°36'13" E. 284.00 feet; thence N. 22°12'31" E. 267.90 feet; thence leaving said right-of-way East 474.06 feet; thence South 500.00 feet to the South line of said Section 18; thence along said South line of said Section 18 S. 88°22'36" W. 760.00 feet to the True Point of Beginning. Said parcel of land contains 7 acres more or less in the State of Colorado and County of Garfield; and WHEREAS, the Petitioner has 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 Petitioner wishes to give Tract "A" to his son; and WHEREAS, the Petitioner has demonstrated to the satisfaction of the BOOK 535 P4.GE922 Board of County Commissioners of Garfield County, Colorado, 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 not part of an existing or larger development and does not fall within the general purposes and intent of the subdivision regula- tions 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 tract "A" from the above described 35.0 acre tract is hereby exempted from such definitions and said tract may be divided into tract "A", 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 regu- lations; 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 tract "A", 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.D. 1979. THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO ,Bye ATTEST: JetlIt} /'LLiU/ Dep ty Cl- k .f the Board) of County Commissioners Garfield County, Colorado