HomeMy WebLinkAbout2.0 Resolution 79-724</-572-- �f JUL 5 1979
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Jopti,on No 1 iidrod A ndorf, Recorder
BOOK 530 PAGE889
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF
GARFIELD COUNTY, COLORADO
RESOLUTION NO. 79-72
WHEREAS, Harold R. Lyons 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 7.84
acre tract described as follows: that tract of land as described in Document
No. 268489 as filed in the Office of the Clerk and Recorder of Garfield County,
Colorado into 2 tracts of approximately 5.84 and 2.00 acres each, more or less,
which proposed divided tracts are more particularly described as follows:
Tract A: A parcel of land situate in Lot 15 of Section 7,
Township 7 South, Range 88 West of the 6th Principal Meridian
being more particularly described as follows:
Beginning at a point on the southerly boundary line of a tract
of land described in Document No. 260508 of the records of the
Clerk and Recorder of Garfield County, Colorado, said point also
being on the westerly right-of-way line of a county road asbuilt
and in place whence the southeast corner of said Section 7 bears
S 47°43'16"E. 2126.81 feet; thence N 14°35'37" W. 294.63 feet
along said westerly right-of-way line; thence west 283.76 feet
to a point on the easterly right-of-way line of Colorado State
Highway No. 82; thence S 06°08'10"E. 286.77 feet along said
easterly right-of-way line to said southerly boundary line of a
tract of land described in Document No. 260508; thence along
said southerly boundary line east 327.34 feet to the point of
beginning, containing 2.00 acres more or less.
Except all that portion conveyed to the Board of County Commissioners
by Document No. 102744.
Tract B: A parcel of land situate in Lot 15, Section 7, Township 7
South, Range 88 West of the 6th Principal Meridian being more parti-
cularly described as follows:
Beginning at a point on the westerly right-of-way line of a county
road as built and in place whence the southeast corner of said Section
3W3K 580 F r 8' ,k0
7 bears S 43°50'24" E 2379.00 feet; thence along said westerly right-of-
way line the following courses: thence N 14°35'37" W 83.88 feet; thence
88.88 feet along the arc of a 364.52 foot radius curve to the right
which arc subtends a chord bearing N 07°36'30" W 88.66 feet; thence
N 00°37'23" W 62.18 feet; thence 27.08 feet along the arc of a 70.00 foot
radius curve to the left which arc subtends a chord bearing N 11°42'17"
W 26.91 feet; thence N 22°47'11" W. 83.61 feet; thence 65.39 feet along
the arc of a 235.00 foot radius curve to the right which arc subtends
a chord bearing N 14°48'54" W 65.18 feet; thence N 06°50'37" W 212.63
feet; thence 176.73 feet along the arc of a 141.24 foot radius curve
to the right which arc subtends a chord bearing N 29°00'11" E 165.43
feet; thence N 64°50'59" E 63.99 feet; thence 67.77 feet along the arc
of a 321.58 feet radius curve to the right which arc subtends a chord
being N 70°53'14" E. 67.65 feet to a point on the boundary line of a
tract of land described in Document No. 260508 of the records of the
Clerk and Recorder of Garfield County, Colorado thence along said
boundary line the following courses: N 10°45'04" W 129.20 feet; thence
N 89°13'30" W 384.83 feet; thence S 00°36'37" W 541.95 feet to the
easterly right-of-way line of Colorado State Highway No. 82; thence
S 06°08'10" E 395.29 feet along said easterly right-of-way line; thence
east 283.76 feet to the point of beginning containing 5.84 acres more
or less.
Except all that portion conveyed to the Board of County Commissioners by
Document No. 102744.
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
SOOK 53 PSGr_�•-�_�
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 7.84 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 sub-
division statutes and regulations; provided, however, that this exemption is
granted or, the condition and with the express understanding and agreement of the
Petitioner that no further exemptions be allowed on said tracts "A" and "B", and
that one share of the Cattle Creek Water Association be conveyed with each tract,
and that a copy of the instrument or instruments of conveyance when recorded
shall be filed with this Resolution.
Dated this 2nd day of July , A.D. 1979.
THE BOARD OF COUNTY COMMISSIONERS
OF GARFIELD COUNTY, COLORADO
Bye 1.
Chai rmal
ATTEST: l/Yl.[ lad�,{,e
Depu _y Cllie df the Board'J
of County Commissioners '-
Garfield County, Colorado