HomeMy WebLinkAbout3.0 Resolution 79-120feoorded at o' alook . ! SEP 2
Reception No. '• ` Mildrod Alsdarf, Recorder
BEFORE THE BOARD OF COUNTY COMMISSIONERS:OF
GARFIELD COUNTY, COLORADO
RESOLUTION NO. 79-120
5 wit
BOOK 535 PAGE9_t8, "
WHEREAS, Ross D. Jeffery and Donald A. Caldwell 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 January 2, 1979, Sections
2.02.21 (d) and 3.02.01 for the division of a 2.296 acre tact described
as follows: that parcel of land as described in Document No. 285621 as
filed in the Office of the Clerk and Recorder of Garfield County, Colorado
into 2 tracts of approximately 1.33 and 0.96 acres each, more or less,
which proposed divided tracts are more particularly described as follows:
Tract A: A parcel of land situate in Section 6, Township 6 South,
Rance 89 West of the 6th Principal Meridian, being more
particularly described as follows:
Beginning at the southwest corner of Section 34, Township 5 South,
Range 89 West of the 6th Principal Meridian; thence S. 27°41'40" E.
1488.66 feet to the northerly right-of-way line of Interstate 70;
thence along said northerly right-of-way line the following courses:
N. 74°57'30" E. 172.60 feet; thence 13.60 feet along the arc of a
1482.40 foot radius non tangent curve to the right which arc subtends
a chord bearing N. 75°13'37" E. 13.60 feet to the true point of be -
°inning:
Thence 114.60 feet along the arc of a 1,482.40 foot radius curve to
the right whose arc subtends a chord bearing N. 77°42'17" E. a distance
of 114.57 feet; thence S. 10°05'00" E. 10.00 feet; thence
N. 80°34'30" E. 32.01 feet to the westerly boundary of a parcel
of land described in Reception No. 203932 in Book 314 at Page 218
of the records of the Clerk and Recorder of Garfield County,
Colorado; thence N. 01°06'00" W. 283.81 feet along said westerly
boundary line, thence S. 88°11'41" W. 147.37 feet; thence S. 01°26'38" E.
298.99 feet to the true point of beginning, containing .966 acres more
or less.
Tract B: A parcel of land situate in Section 6, Township 6 South,
Range 89 West of the 6th Principal Meridian being more particularly
described as follows:
BOOK 535 PAGE919
Beginning at a point of the northerly right-of-way line of Interstate
70 whence the southwest corner of Section 34, Township 5 South, Range
89 West of the 6th Principal Meridian bears N. 27°41'40" W. 1,488.66
feet; thence along said right-of-way line the following courses:
N. 74°57'30" E. 172.60 feet; thence 13.60 feet along the arc of a 1,482.40
foot radius non -tangent curve to the right whose arc subtends a chord
bearing N. 75°13'37" E. a distance of 13.60 feet; thence leaving said
right-of-way line on the following course: N. 01°26'38" W. 298.99 feet
to a board fence; thence S. 88°11'41" W. 181.00 feet along said hoard
fence to a wire fence; thence S. 01°26'38" E. 341.57 feet along said wire
fence to the point of beginning, containing 1.330 acres more or less.
Tract "A" and Tract "B" are located in the State of Colorado and
County of Garfield; and
WHEREAS, the Petitioners have 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; and
WHEREAS, the Petitioners have 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;
WHEREAS, the division of the above described tracts "A" and "B" from
the above described 2.296 acre tract is hereby exempted from such definitions
and said tract may be divided into tracts "A" and "B", 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 the condition and with the express understanding and agreement
BOOK 535 pacE920
of the Petitioners that no further exemptions be allowed on said tracts
A" and "B", and that a'•copy of the instrument or instruments of conveyance
when recorded shall be filed with this Resolution.
Dated, this24th day of Septembez• A.D. 1979.
THE BOARD OF COUNTY COMMISSIONERS
OF GARFIELD COUNTY, COLORADO
TTEST: (-141 , U L et- ��-
Duty Cly rk of the Board'
of Count Commissioners
Garfield County, Colorado
By:
6227
Chairman