HomeMy WebLinkAbout4.0 Resolution 79-58Recorded at
Reception No .
838 Mildred Alsdorf, Recorder
'clock
4- M JUN 1 2 1979
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF
GARFIELD COUNTY, COLORADO
RESOLUTION NO. 79-58
BOOK
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 (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 70
acre tract described as follows: W1/2SW4 of Section 13, T.7S., R.88W. of the 6th
P.M. except those portions conveyed out by Document Numbers 238615 and 239272
into 3 tracts of approximately 42.0, 10.6, and 16.7 acres each, more or less,
which proposed divided tracts are more particularly described as follows:,
Tract A: A tract of land situate in the W1 of the SW4 of Section 13,
Township 7 South, Range 88 West of the 6th Principal Meridian being
more particular-iy described as follows:
Beginning at a point of the North line of said W1 of the SW4 of
Section 13 whence the West 4 corner of said Section 13 bears
S 89°29'59" W. 963.20 feet; thence N. 89°29'59" E. 418.35 feet
along said North line of the W1 of the SW- to the Northeast corner
of the W1 of the SW4; thence S. 01°27'52" E. 1936.27 feet along
the East line of said W 1 of the SW 4; thence S. 86°55'51" W. 394.93
feet; thence 174.79 feet along the arc of a 360.00 foot radius non -
tangent curve to the left which arc subtends a chord bearing
N. 05°35'19" W. 173.08 feet; thence N. 19°29'54" W. 302.56 feet;
thence 225.19 feet along the arc of a 330.00 foot radius curve to
the right which arc subtends a chord bearing N. 00°03'02" E. 220.84
feet; thence N. 19°35'59" E. 168.39 feet; thence 222.29 feet along
the arc of a 1240.00 foot radius curve to the right which arc
subtends a chord bearing N. 24°44'07" E. 221.99 feet; thence N.
29°52'15" E. 27.81 feet; thence 142.75 feet along the arc of a
265.00 foot radius curve to the left which arc subtends a chord
bearing N. 14°26'20" E. 141.03 feet; thence N. 00°59'35" W. 317.35 -
feet; thence 250.92 feet along the arc of a 2389.72 foot radius curve
to the left which arc subtends a chord bearing N. 04°00'04" W. 250.81
feet; thence 186.03 feet along the arc of 230.00 foot radius curve
BOOK 529 rAcE693
to the left which arc subtends a chord bearing N. 30010'47" W. 181.00
feet; thence N. 53°21'02" W. 50.11 feet to the point of beginning
containing 16.766 acres more or less.
Tract B: A tract of land situate in the WZ of the SW4 of Section 13,
Township 7 South, Range 88 West of the 6th Principal Meridian being
more particularly described as follows:
Beginning at a point whence the West 4 corner of said Section 13 bears
N. 28°03'34" W. 2203.75 feet; thence N. 86°55'51" E. 394.93 feet to
the East line of said W1/2 of the SW4i thence S. 01°27'52" E. 697.43
feet along said East line to the Southeast corner of said W of the
SW4; thence N. 89°54'45" W. 675.36 feet along the south line of said
W4 of the SW4; thence N. 02°28'50" W. 660.00 feet along the East line
of a tract of land described in Rec. No. 238615 of the records of the
Clerk and Recorder of Garfield County, Colorado; thence N. 86°55'51"
E. 292.16 feet to the point of beginning, containing 10.609 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 impact
created is not large enough to proceed through full subdivision review; and
WHEREAS, the Petitioner has demonstrated to the satisfaction of the
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
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;
NOW, THEREFORE, upon the motion of R.C. Jolley , seconded by
Larry Velasquez , and carried, the division of the above described
tracts "A" and "B" from the above described 70 acre tract is hereby exempted
BOOK 529 FaGE 699
rom.such definitions and said tract may be divided into tracts "A" and "B",
:more fully described above, and; said divided tract may be conveyed
e. form of such smaller tracts without further compliance with the
.aforesai''d subdivision statutes and regulations; 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
racts "A" and "B", and that a copy of the instrument or instruments of
conveyance when recorded shall be filed with this Resolution.
Dated this llthday of June , A.D. 1979.
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ATTEST: '/1�J1.�,/ ({�• -
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De uty C rk of the Board()
of County Commissioners
Garfield County, Colorado
THE BOARD OF COUNTY COMMISSIONERS
OF GARFIELD COUNTY, COLORADO
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