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HomeMy WebLinkAbout2.0 Resolution 78-122.5-o Recorded at Reception. No . MAY 301979 o r�+ 224_7 Mildred Alsdorf, BEFORE THE BOARD OF COUNTY COMMISSIONERS OF ---GARFIELD COUNTY,-COL:ORADO RESOLUTION 78 - WHEREAS, Dan H. and Patricia J. Levan 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 Sub- division Regulations of Garfield County, Colorado, adopted September 1- 1972 and amended April 14, 1975 Sections 1.02.17 (d) and 3.02.01, for the division of a 1.176 acre tract into two (2) tracts of approxi- mately 1.056 acres (hereinafter tract "A") and 0.12 acres (hereinafter tract "B") more or less, and said 1.176 acre tract is more particularly described as follows: A tract of land situated in the E1/2SE4 of Section 21, Tp. 6 S., R. 89 W., of the 6th P.M., described as follows: Beginning at the point whence an iron post with a brass cap properly marked for the East Quarter Corner of said Section bears N. 10° 10'00" E. 1782.79 feet; thence N. 37°25'00" W. 350.00 feet; thence N. 61°46'00" E. 96.00 feet; thence S. 37°28'00" E. 348.20 feet; thence S. 60°40'00" W. 96.00 feet to the point of beginning in the State of Colorado and County of Garfield. The above -described tract of land contains 0.77 acres, more or less. A tract of land situated in the SEA SE4 of Section 21, Township 6 South, Range 89 West of the 6th Principal Meridian, said tract being described as follows: Beginning at a point whence an iron post with brass cap found in place and properly marked for the East 1/4 corner of said Section 21 hears N. 10°10'00" E. 1782.79 feet; thence S. 60 40'00" W. 50.50 feet; thence N. 37°25'00" W. 350.98 feet; thence N. 61°45'00" E. 50.65 feet; thence S. 37°25'00 E. 350.00 feet to the point of beginning in the State of Colorado and County of Garfield. The above -described tract of land contains 0.406 acres, more or less. WHEREAS, the Petitioners have demonstrated to the satisfaction of the Board of County Commissioners of Garfield County, Colorado, that they desire said exemption for the purpose of transferring said. tract "B" to Don and Karen Miller in order to adjust the property line ween parcels belonging to Don and Karen Miller and the Petitioners; and further, that the transfer of said tract will not create any third party ownership; and, HEREAS,'.the.Petitioners have demonstrated to the satisfaction of 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 in accordance with 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 Flaven J. Cerise, seconded by Richard C. Jolley, and carried, said 1.176 acre tract of land is hereby exempted from such definitions and said tract may be divided into two (2) tracts of 1.056 and 0.12 acres, more or less, 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 said exemption is conditioned on the Petitioners obtaining a proper legal description of said tracts prior to any conveyance thereof. A copy of the instrument or instruments of conveyance when recorded :. shall be filed with this Resolution. Dated this 4th day of December, A.D. 1978. THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO By: Larry ATTEST: Deuty Cl•r f the oa of Countycommissioners Garfield County, Colorado