HomeMy WebLinkAbout2.0 Resolution 79-160•
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF
GARFIEL.D COUNTY, COL CJRADO
RESOLUTION N0.79-160
WHEREAS, Edward T. and Cora J. Lopez have petitioned the Board of
County Commissioners of Garfield County, Colorado, for an exemption from the
definition of the terms "subdivision" and "subdivided lard" 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 100.0 acre tract described as follows: that parcel of land
as described in Document No. 259076 as filed in the Office of the Clerk and
Recorder of Garfield County, Colorado into 3 tracts of approximately 13.31,
31.0, and 56.69 acres each, more or less, which proposed divided tracts are
more particularly described as follows:
Tract A: A tract of land contained within the SE4 of Section
19, and the NE' of Section 30, Tp. 4 S., R.91W. of the 6th P.M.;
being a portion of H.E.S. No. 183 and H.E.S. No. 61, lying
Northerly of County Road 245, more particularly described as
follows:
Beginning at Corner No. 1 whence the stone marking Corner No.
2 of H.E.S. No. 183 bears N.52°13' W. 182.0.00 feet; thence
S. 37°47'W. 580.00 feet to Corner No. 2; thence S.07°13'E. 220.00
feet to Corner No. 3; thence S.37°47'W. 626.42 feet to Corner No.
4 on the Northerly R.O.W. line of County Road 245; thence
Southerly along said County Road R.O.W. (30 feet from and parallel
to the centerline), S.47°07' E. 123.38 feet; thence along the arc
of a curve to the right, having a central angle of 32016', a
length of 103.02 feet and a radius of 184.94 feet; thence S.14°51'E.
57.31 feet; thence along' the arc of a curve to the left, having a
central' angle of 14°54'30", a length of 89.30 feet and a radius of
343.21 feet to Corner No. 5; thence leaving said R.O.W. line,
N.37°47'E. 1488.96 feet to Corner No. 6, which is on the line between
Corners No. 2 and 3 of H.E.S. No. 183; thence alone said line N.52°
13'W. 495.95 feet to Corner No. 1; the point of beginning,
containing 13.31 acres, more or less.
Tract B: A tract of land contained within the SE' of Section 19,
the NE' of Section 30 and the NW'r, of Section 2.9, all in Tp. 4 S.,
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R. 91W. of the 6th P.M., being a portion of H E.S. No. 183 and
H.E.S. No. 61, lying Northerly of County Road No. 245, more
particularly described as follows:
Beginning at a point on the Northeasterly line of H.E.S. No. 183,
whence the stone marking Corner No. 2 of H.E.S. No. 183 bears
N. 52°13'W., 2315.95 feet; thence S.52°13'E. 937.53 feet, along
said Northeasterly line to the most Northerly corner of that
tract of land described in Document No. 216784 of the Garfield
County records; thence along the line described in said document
S.03°16'W. 268.36 feet; thence $.63°14'W. 188.61 feet; thence
S.28°24'W. 114.91 feet; thence S.33°08'W. 267.20 feet; thence
S.08°22'E. 361.17 feet to the South line of H.E.S. No. 183;
thence along said South line to the Northerly right-of-way line
of County Road No. 245; thence along said Northerly right-of-way
line in a Northwesterly direction approximately 1360 feet; thence
N.37°47'E. 1488 96 feet to the point of beginning, containing
approximately 31 acres.
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, Coiorad,, 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
does not fall within the general purposes and intent of the subdivision regula-
tions 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, BE IT RESOLVED that the division of the above described
tracts "A" and "B" from the above described 100.0 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
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in the form of such smaller tracts without further compliance with the aforesaid
subdivision statutes and regulations; provided, however, that a copy of the
instrument or instruments of conveyance when recorded shall be filed with this
Resolution.
Dated this 24th day of December, A.D. 1979.
ATTEST: lie /I'! 17/U- L' "
D uty',ler`k of the 6 -rd
of CouWty Commissioners
Garfield County, Colorado
THE BOARD OF COUNTY COMMISSIONERS
OF GARFIELD COUNTY, COLORADO
B
Chairman(