HomeMy WebLinkAbout2.0 Resolution 79-78ouL ti
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Reception No 2AVILL Mildred Aledorf, Reoo41101r
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF
GARFIELD COUNTY, COLORADO
RESOLUTION NO. 79-78
WHEREAS, John Huebinger 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 3.09 acre tract described as follows: that parcel of land as described in
Document No. 282247 as filed in the Office of the Clerk and Recorder of
Garfield County, Colorado into 2 tracts of approximately 1.05 and 2.04 acres
each, more or less, which proposed divided tracts are more particularly described
as follows:
Tract A: A parcel of land situated in Lot 36 of Section 1, Township 7
South, Range 89 West of the Sixth Principal Meridian, Garfield County,
Colorado, lying Westerly of the Easterly line of said Section 1,
Easterly of the Easterly right-of-way line of State Highway 82,
Southerly of the Southerly right-of-way line of County Road No. 114,
and Southerly of the centerline of the Public Service Company's trans-
mission line, said Parcel also partly described by Document No. 282247
of the Garfield County, Colorado records, said parcel of land is more
fully described as follows:
Beginning at an iron pipe with a brass cap properly marked for the
East Quarter Corner of said Section 1; thence S.00°15'00"W. along
said Section line, 269.75 feet to a point on said centerline trans-
mission line, the TRUE POINT OF BEGINNING; thence S.00°15'00"W. 70.25
feet along said Section line; thence N.88°15'00"W. 369.28 feet to a
point on said highway right-of-way line; thence along said highway
right-of-way line, N.37°25'OO"W. 40.62 feet; thence N.31°42'30"W.
251.30 feet; thence N.58°17'30"E. 40.00 feet; thence N.31°42'30"W.
52.20 feet; thence N.37°25'00"W. 13.61 feet (record 13.98 feet) to
a point on said County Road right-of-way line; thence along said
County Road right-of-way line, 70.32 feet (record 68.69 feet) along
the arc of a curve to the right, having a radius of 327.28 feet, the
chord of which bears: N.85°32'41"E. 70.18 feet (record N.85°44'15"E.
68.56 feet); thence S.88°18'00"E. 19.62 feet; thence 141.27 feet
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along the arc of a curve to the right, having a radius of 914.93
feet, the chord of which bears: S.75°01'48"E. 141.13 feet; thence
leaving said County Road right-of-way line, S.25°40'46"E. 272.55
feet to a point on said centerline transmission line; thence
S.87°36135"E. along said centerline, 180.00 feet to a point on
said Section line, the TRUE POINT OF BEGINNING.
The above described Parcel No. 1 contains 2.04 acres, more or less.
Tract B: A parcel of land situated in Lot 36 of Section 1, Township
7 South, Range 89 West of the Sixth Principal Meridian, Garfield
County, Colorado, lying Westerly of the Easterly line of said
Section 1, Northerly of the Centerline of the Public Service Company's
transmission line, and Southerly of the Southerly right-of-way line
of County Road No. 114, said Parcel also partly described by Document
No. 282247 of the Garfield County, Colorado records, said parcel of
land is more fully described as follows:
Beginning at an iron pipe with a brass cap properly marked for the
East Quarter Corner of said Section 1; thence S.00°15'00"W. along
said Section line, 269.75 feet to a point on the centerline of said
transmission line, the TRUE POINT OF BEGINNING; thence N.87°36'35"W.
180.00 feet along said centerline; thence N.25°40'46"W. 272.55 feet
to a point on said County Road right-of-way line; thence 320.56 feet
along the arc of a curve to the right, having a radius of 914.93
feet, the chord of which bears: S.69°24'58"E. 318.92 feet, to a
point on said Section line; thence S.00°15'00"W. along said Section
line, 141.01 feet to a point on said centerline transmission line,
the TRUE POINT OF BEGINNING.
The above described Parcel No. 2 contains 1.05 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; 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
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• i! 532 °arr 1 '76
vision 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 Larry Velasquez , seconded by
R.C. Jolley , and carried, the division of the above described
tracts "A" and "B" from the above described 3.09 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 of
the Petitioner that no further exemptions be allowed on said tract "A" and "B",
and that a copy of the instrument or instruments of conveyance when recorded
shall be filed with this Resolution.
Dated this 16thday ofJulA.D. 1979.
ATTEST:
/01
D: puty C ' - k 'of the Boar
o Coun Commissioner's'
Garfiel County, Colorado
THE BOARD OF COUNTY COMMISSIONERS
OF GARFIELD COUNTY, COLORADO