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HomeMy WebLinkAbout2.0 Resolution 79-106% CSY% R,3 E,ep t ±+7:. rY ZS*4305 .. Jori Recordor BEFORE THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO RESOLUTION N0. 79-106 WHEREAS, Norman Hammar 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 40.28 acre tract described as follows: Lot 3 of Section 30, Township 5 South, Range 91 West of the Sixth Principal Meridian into 3 tracts of approximately 4.74, 12.92, and 22.38 acres each, more or less, which proposed divided tracts are more particularly described as follows: Tract A: A parcel of land situated in Lot 3 of Section 30, Township 5 South, Range 91 West of the Sixth Principal Meridian, Garfield County, Colorado, being more fully described as follows: Beginning at the Southeast Corner of said Lot 3; whence the Northwest Corner of said Lot 3, being a stone found in place and properly marked for the West Quarter Corner of said Section• 30 bears: N. 45°47'17" W. 1866.76 feet; thence S. 89°31'15" W. 664.45 feet along the Southerly line of said Lot 3; thence N. 00°22'40" W. 361.61 feet, thence N. 89°31'15" E. 116.67 feet; thence S. 77°42'20" E. 561.55 feet, more or less to a point on the Easterly line of said Lot 3; thence S. 00°21'24" E. along said Easterly line, 237.45 feet, more or less, to the point of beginning. The above described parcel of land contains 4.74 acres, more or less. Tract B: A parcel of land situated in Lot 3, Section 30, Township 5 South, Range 91 West of the Sixth Principal Meridian, Garfield County, Colorado, being more fully described as follows: Beginning at the Northeast Corner of said Lot 3; whence the West Quarter Corner of said Section 30 bears: S. 89°37'30" W. 1329.90 feet, more or less; thence S. 00°21'24" E. 1073.00 feet; thence N. 77°42'20" W. 561.55 feet; thence N. 01°26'00" W. 950.01 feet, more or less, to a point on the Northerly line of said Lot 3; thence N. 89°37'30" E. along said Northerly line, 565.77 feet t the point of beginning. The abovedescribed parcel of land BOOK 535 PAGE3 contains 12.92 acres, more or less. Tract C: A parcel of land situated in Lot 3 of Section 30, Township 5 South, Range 91 West of the Sixth Principal Meridian, Garfield County, Colorado, being more fully described as follows: Beginning at a stone found in place and properly marked for the West Quarter Corner of said Section 30, thence N. 89°37'30" E. 764.13 feet along the Northerly line of said Lot 3; thence S. O1°26'00" E. 950.01 feet; thence S. 89°31'15" W. 116.67 feet; thence S. 00°22'40" E. 361.61 feet, more or less, to a point on the Southerly line of said Lot 3; thence S. 89°31'15" W. along the Southerly line of said Lot 3, 664.46 feet, more or less, to a point on the Westerly line of said Lot 3; thence N. 00°24'00" W. along the Westerly line of said Lot 3, 1312.87 feet, more or less to said Quarter Corner, the point of beginning. The above described parcel of land contains 22.38 acres, more or less. 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 impact created is not large enough to proceed through the full subdivision review process; and WHEREAS, the Petitioner has demonstrated to the satisfaction of the Board of County Commissioners of Garfield County, Colorado, that there is a reason- able 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 thesubdivision 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", "B", and "C" from the above described 40.28 acre tract is hereby exempted from such definitions and said tract may be divided into tracts "A", "B", and "C", 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 BOOK 535 PAGES 1 condition and with the express understanding and agreement of the that no further exemptions be allowed on said tract "A" and copy of the instrument or instruments of conveyance when recorded filed with this Resolution. ated this 10thday of September, A.D. 1979. THE BOARD OF COUNTY COMMISSIONERS OF.GARFIELD COUNTY, COLORADO Chairman EST: Deputy C (irk t1of the Bo of County' Commissioners` Garfield County, Colorado