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HomeMy WebLinkAbout3.0 Resolution 78-72• • BEFORE THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO RESOLUTION NO. - 78 -7 Z WHEREAS, Robert E. Hardy 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 September 1, 1972 and amended April 14, 1975, Sections 1.02.17(d) and 3.02.01 for the division of a seventy (70) acre tract into three (3) tracts of approximately thirty (30) acres hereinafter tract "A", twenty (20) acres hereinafter tract "B" and twenty (20) acres hereinafter tract "C" more or less, and said seventy (70) acre tract is more particularly described as follows: The W1/2SW4, Section 13, conveyed out by Document Numbers 238615 and 239272. Together with an easement and right-of-way for the purpose of ingress and egress over and across the existing road- way as constructed and in place extending in a Westerly direction from the subject property to County Road 112. WHEREAS, the Petitioner has demonstrated to the satisfaction of the Board of County Commissioners of Garfield County, Colorado, that he desires said exemption for the purpose of re -sale of said tracts "A", "B", and "C" into single-family residential acreage; and WHEREAS, the Petitioner has demonstrated to the satisfaction of the Board of County Commissioners of Garfield County, Colorado, that there is reasonable probability of locating domestic water on each of said tracts "A", "B", and "C", 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, 0 -28 -101(10)(a) -(d) as amended; NOW, THEREFORE, upon the motion of Richard C. Jolley,seconded by Flaven Cerise, and carried, said seventy (70) acre tract of land is hereby exempted from such definitions and said tract may be divided into three (3) tracts of thirty (30), twenty (20) and twenty (20) acres, more or less, 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 aforesiad subdivision statutes and regulations, provided however, that said exemption is conditioned upon the Petitioner obtaining a proper legal description of said tracts prior to any conveyance thereof. This exemption is granted with the express condition that no further exemptions be allowed on tracts "B" and "C", and further that approval for exempt wells is given by the State Division of Water Resources. A copy of the instrument or instruments of conveyance when recorded shall be filed with this Resolution. Dated this 17th day of July, A.D., 1978. Attest: 411. Duty Cil -r of the Bo of Coup r Commissioners Garfield County, Colorado - 2 THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO By: ''tar as quez-Chair an.