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HomeMy WebLinkAbout2.0 Resolution 78-31R E S 0 L U T I 0 N -#-7 0 -3 l WHEREAS, ROBERT L. and JEANNE HOFFMEISTER have pet i tioned 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 l.02.17(d) and 3.02.01, for the division of a 38.302 acre tract of land into four tracts of 9.57 acres each, more or less, and said 38.302 acre tract is more particularly described as follows: A parcel of land situated in the W~SE~ of Section 13, also the NW~NE~ of Section 24, all in Township 5 South, Range 91 West of the Sixth Principal Meridian, lying Southerly of the East-West centerline of said Section 13, Easterly of the North-South centerline of said Section 13 and Westerly of the approximate center of East Elk Creek, said parcel of land is described as follows: Beginning at a point on the East-West centerline of said Section 13 whence the East Quarter Corner of said Section 13 bears: N. 89° 00' 15 11 E. 2051.26 feet; thence S. 02° 23 1 34 11 E. 390.41 feet to a point in the center of said creek; thence along the center of said creek S. 19° 21' 48 11 E. 23.44 feet; thence S. 27° 52 1 16 11 E. 199.41 feet; thence S. 33° 14' 01 11 W. 273.38 feet; thence S. 11° 20' 53 11 E. 547.64 feet; thence S. 040 19' 00 11 W. 270.00 feet; thence S. 020 38' 00 11 E. 200.00 feet; thence S. 15° 50' 00 11 E. 315.00 feet; thence S. 05° 59' 00 11 W. 95.00 feet; thence S. 290 27' 00 11 E. 190.00 feet; thence S. 060 30' 07 11 W. 223.07 feet, more or less to a point on the Southerly line of said Section 13; thence S. 400 50' 00 11 E. 144.24 feet; thence leaving said creek N. 83° 41' 00 11 W. 316.74 feet; thence N. 32° 09' 08 11 W. 81.30 feet, more or less, to a point on the Northerly line of said Section 24; thence S. 880 48' 57 11 W. 508.30 feet along the Northerly line of said Section 24, to the Quarter Corner between Sections 13 and 24 in said township and range; . thence N. 00° 27' 25 11 E. along the North-South centerline of said Section 13,2617.34 feet to the center of said Section 13; thence N. 890 00' 15 11 E. along the East-West centerline of said Section 13, 549.09 feet to the point of beginning. The above described parcel of land contains 38.302 acres, more or less. Together with a strip of land being 60 feet 'in width to be used as a road easement said strip being 30 feet on each side of the following described centerline: Beginning at a point on the Westerly right-of-way line of East Elk Creek County Road whence the East Quarter Corner of said Section 13 bears N. 52° 32' 50 11 E. 1941.80 feet; thence along said centerline West 483.00 feet, more or less, to a point on the Easterly line of the above described parcel of land. The above land is subject to the reservation of one half (~) of all oil, gas, and minerals, and to restrictions and easements of record prior to the date herein. • 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 11 subdivision 11 and "subdivided land" as set forth in C.R.S . (1973) Section 30-28-101 (10) (a) -(d) as amended; NOW TH ERE FORE , upon motion of _]?_..__~-C_,,___. J-=-><o"---'-'-t/=e._c..>olj.,__----s econ de d by _--::f_.._.;_fcu;;.__.....;~~~.J_._~~ex __ ~5_f!...._~_ and carried, said 38.30t:'. acre tract of land is hereby exempted from such definition and transfer of said tract may be made by division into four tracts of 9.57 acres each, 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;J~ day of fhM-~ of the Boar Cammi ss i one rs County, Colorado , A.O. 1978. THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO By : ~ -· . ---!?-..--) ~ ~~ '-farvel asq u e;/L Ciliman by Flaven J. Cerise, Chairman Pro-Tern - 2 -