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HomeMy WebLinkAbout3.0 ResolutionRecorded at 1:47 P.M. October 5, 1972 Book 436 Reception No. 255565 Ella Stephens,Recorder.Page 285 RESOLUTION WHEREAS', Colorado Mountain Junior College District has petitioned .the Board of County Commissioners of Garfield County, Colorado, for an exemption under C.R.S. 1963, 106-2-33(3)(d), as amended, concerning a five -acre tract of land located in Garfield • County, Colorado, which was described on the Petition as follows: A tract of land contained in the NE*SW+ of Section 4, Township 7 South, Range 88 West of the 6th Principal Meridian, said Tract being more particularly described • as follows: . Beginning at a. point whence the Southwest corner of the Northeast Quarter of the Southwest Quarter bears S. 39°49'00" W.• 281.52 feet; thence N. 15°41'10" E. 137. 70 feet; thence N. 84°08'00" W. 233.03 feet; thence N. 00°19'36" W. 244.20 feet; thence N. 39°47'45" E. 551.22 feet; thence S. 82°45'03" E. 65. 88 feet; thence S. 01°33'50" E. 393.00 feet; thence along the South side line of said NE4SW+ S. 89°49'00" W. 431.33 feet to the point of beginning, containing 5. 00 acres, more or less, but which land is more accurately described as follows: A parcel of land situate in the NES'--SW4 of Section 4, Township 7 South, Range 88 West of the 6th Principal Meridian, being more particularly described as follows: Beginning at the SE corner of said Section 4; thence N. 72021'48" W. 4226. 11 feet to the SW corner of said NE'SW: ; thence S. 89°53'11" E. 281.52 feet along the South line of said NE*SW4 to the TRUE POINT OF BEGIN- NING; thence N. 15058'59" E. 137. 70 feet; thence N. 83°50'11" W. 233.03 feet; thence N. 00001'47" W. 244.20 feet; thence S. 89054'26" E. 551.22 feet; thence S. 32°27'14" E. 65. 88 feet; thence S. 01°16'01" E. 393.00 feet; thence N. 89°53'11" W. 431.33 feet along the South line of said NE4SW4 to the TRUE POINT OF BEGINNING, containing 5.00 acres, more or less; and WHEREAS, the aforesaid Petitioner has presented evidence to the Board demonstrating with reasonable certainty the following: (1) That said tract of land will be used for no purpose other than the construction and operation of an apartment development consisting of three buildings and approximately seventy-two residential units `Book 436 Page 286 to serve primarily the students, faculty and other employees of the College District; (2) That thewater and sewer facilities of the apartment development will be connected to the existing College District water distribution system and sewer treatment facilities, which are capable of handling the additional requirements of the apartment development; (3) That sufficient roadway access and walkway connections between the West Campus of Colorado Mountain College and the apartment development will be constructed and maintained; (4) That utility mains in use and in place can be connected to with a minimum of cost and inconvenience; and (5) That the proposed development of said property is in harmony with the master development plan of the entire West Campus of Colorado Mountain College; and WHEREAS, the Board is convinced that the sale of said property as more accurately described above and the resulting division of land is not within the purposes and intent of C.R.S. 1963,106-2-1, et seq., as amended, and should be exempt from the definitions of the terms "subdivision" and "subdivided land" as the same appear in C.R.S. 1963, 106-2-33 (3)(a), as amended. . NOW THEREFORE, upon motion of LX y, vt ;ll seconded by ��� ¢ , 77 y, , and unanimously carried, the property as more accurately above described is hereby exempted from such definitions, and transfer of said five -acre tract may be made by the Petitioner to the purchasers as named in the Petition For Exemption filed herein, only upon condition, however, that the water and sewer facilities of the apartment development are connected to the existing College District water distribution system and sewer treatment facilities, and that sufficient roadway access between the West Campus of Colorado Mountain College and said property is constructed. This Resolution supercedes and replaces in toto that certain Resolution Book 436 Page 287 unanimously adopted by the Board of County Commissioners of Garfield County, Colorado at its regular meeting on July 17, 1972 affecting the 5.00 acre more or less tract of land herein described, a certified copy of which previously enacted Resolution is recorded as Reception No. 254583 in Book 433 at Page 260 in the office of the Garfield County Clerk and Recorder. STATE OF COLORADO ) ss. COUNTY OF GARFIELD ) CERTIFICATION The Clerk of Garfield County, Colorado hereby certifies that the foregoing Resolution was unanimously adopted by the Board of County Commissioners of Garfield County, Colorado at its regular meeting on Dated t" "t • •J , 1972, ,, (SEAL'OF•;GARFIELD COUNTY) , 1972. . 3 dr I:uss.CL/ Garfie�County Clerk