HomeMy WebLinkAbout3.0 Resolution 78-115S71 DEC
Recorded
.at o'ciock..h . M..
Reception
.E7...e�,.�a. Ella Stephens. Aeoorder
BEFORE THE BOARD OF COUNTY COMMISSI.ONERS`OF
.GARFIELD COUNTY, COLORADO
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,.RESOLUTION NO. .78
PAGE2.1.
WHEREAS, Patrick L. Groom and Edward E. Weatherly, by and through
their agent, John L. Kemp, have 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 53.89acre tract into
three (3) tracts of approximately 18.01 acres. (hereinafter tract "A"),
24.52 acres (hereinafter tract "B"), and 10.28 acres (hereinafter tract °C''),.:
more or less,and said 53.89 acre tract is more particularly described as
follows:
Lots 7, 8, 9 and 21, Section 28, Township 7South, Range 88
West of the 6th Principal Meridian.
EXCEPT parcels of land conveyed or taken for road or highway
purposes by instruments recorded as Document Nos. 76383 and
76384, 122676, 125255, 134671, 200374, 202156,- 242493, 247347
.and 247347 and 263238., but
INCLUDING the portion of State Highway 82 abandoned by the
State Highway Commission by Resolution recorded August 11,1970
in Book 412 at page 248 as Reception No. 247109.
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 resale of said tract "A" into single-
family residential acreage and tracts "B" and "C" into commercial acreage -
and,
WHEREAS, the Petitioners havedemonstrated to the satisfaction of
the Board of County Commissioners of Garfield County, Colorado, that there.:.
is a reasonable probability of locating domesticwater on each of said.
tracts, thatthere isadequate ingress and egress to said tracts, that
the location of septic tanks will be permitted by the Colorado Health
Department, 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
"subdivision �rland"r
definition of the terms subdivision _ and ti subdivided as set forth
in C.R.S. 1973,,30-28-101 (10) (a)-(d)°as amended;..:
Tr
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upon the:motion .of FleVen-'3•.--;-Cerise . seconded by
Richard C Jolley, and:Oarrie0.,1-, said 58..89 acre tract of land is hereby
exempted .from,..such definitions- and said -tract - may: be divided into -three: (3) -
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tracts of 18.0i,.24."52. and. l0,38 acres, Trpre .or less,.all as is more :fully -L.,:
described above, and -said divided tract Tha.y be conveyed in the form of
such -smaller .tradts without ftitrther compliance with the aforesaid subdivision
_ _ statutes and regulations-; provided, however, that said exemption- is condi- •
tioned on the Petitioners obtaining a proper •legal description of said
tracts .. • • •
prior: to,. any conveYenoe-. thereof exempt ion 15 granted -
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-on the condition and with the express understanding of the Petitioners that
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no further exemptions be allowed on said tracts "B" and "C" and, that the
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.;granting_of said exemption is conditioned on BIM approval of right-of-way
access to to tract "A". A copy of the instrument or instruments of conveyance.-
•, -when recorded shall' be filed with this Resolution.
Dated this
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?Oth.. day .of • November, A .J 4978:.
111°
ife 'the
putY
o Coun
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County, : •••••
o B. s
:r
Commissione
Gar •
THE BOARD OF COUNTY COMMISSIONERS
OF GARFiELD' COUNTY COLORADO -'• :••
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