HomeMy WebLinkAbout2.0 Resolution 79-44Recorded at . _ o' clock ! M MAY 1 71979
Reception No . ,-44- *- ' Mildred Alsdori', Recorder
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF
GARFIELD COUNTY, COLORADO
RESOLUTION NO. 79-44
BOOK
528 FADE 31
WHEREAS, Ralph Michels 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 1.96 acre tract described as follows: that parcel of land
described in Document No. 218366 on file in the Office of the Clerk and
Recorder of Garfield County, Colorado into 4 tracts of approximately 0.21,
0.29, 0.29 and 1.17 acres more or less, which proposed divided tracts are
more particularly described as follows:
Tract A: A parcel of land situated in the NW SW4, Section 2, Township 6
South, Range 89 West of the Sixth Principal Meridian, lying westerly of the
easterly boundary of said NW1/4SW4, southerly of the Interstate 70 southerly
right-of-way, and easterly of the Highway U.S. 6 and 24 northeasterly right-of-
way, is more particularly described as follows:
Beginning at the witness corner to the West Quarter Corner of said Section 2,
a brass cap found in place; thence S. 59046100" E., 977.67 feet to an iron
pipe in place, the "True" point of beginning; thence N. 25°31'00" E., 83.43
feet; thence S. 80°16'00" E. 133.10 feet; thence S. 78°55'00" E., 109.39 feet;
thence N. 00°55'00" E., 167.32 feet to a point on said southerly right-of-way;
thence S. 77°27'26" E., 76.57 feet along said right-of-way to a point on
said easterly boundary, a rebar and cap in place; thence leaving said right-
of-way, S. 00°55'00" W., 266.90 feet along said boundary; thence leaving
said boundary, N. 78055100" W. 201.11 feet; thence N. 80°16'00" W. 152.46
feet; thence West, 227.30 feet to a point on said northeasterly right-of-way;
thence North, 20.00 feet along said right-of-way; thence leaving said right-
of way, East, 227.30 feet to an iron pipe in place, the "True" point of
beginning.
The above described parcel contains 1.17 acres, more or less.
Tract B: A parcel of land situated in the NW1/4SW4, Section 2, Township 6
South, Range 89 West of the Sixth Principal Meridian, lying southerly of
the Interstate 70 southerly right-of-way, is more particularly described as
follows:
BOOK 528 ?MGE532
Beginning at the witness corner to the West Quarter Corner of said Section 2,
a brass cap found in place, thence S. 59°46'00" E., 977.67 feet to an iron
pipe in place; thence N. 25°31'00" E. 83.43 feet; thence S. 80016'00" E.,
133.10 feet, thence S. 78°55'00" E., 33.20 feet to the "True" point of beginning;
thence N. 00°55'00" E., 169.30 feet to a point on said southerly right-of-way;
thence S. 77°27'26" E., 76.57 feet along said right-of-way; thence leaving
said right-of-way S. 00°55'00" W., 167.32 feet; thence N. 78°55'00" W., 76.19
feet to the "True" point of beginning.
The above described parcel contains 0.29 acres, more or less.
Tract C: A parcel of land situated in the NW4SW4, Section 2, Township 6 South,
Range 89 West of the Sixth Principal Meridian, lying southerly of the Inter-
state 70 southerly right-of-way, is more particularly described as follows:
Beginning at the witness corner to the West Quarter Corner of said Section 2,
a brass cap found in place; thence S. 59°46'00" E., 977.67 feet to an iron
pipe in place; thence N. 25°31'00" E., 83.43 feet; thence S. 80°16'00" E.
90.27 feet to the "True" point of beginning; thence N. 00°55'00" E., 172.31
feet to a point on said southerly right-of-way; thence S. 77°27'26" E., 76.57
feet along said right-of-way; thence leaving said right-of-way, S. 00°55'00"
W. 169.30 feet; thence N. 78°55'00" W., 33.20 feet; thence N. 80°16'00" W.,
42.83 feet to the "True" point of beginning.
The above described parcel contains 0.29 acres, more or less.
Tract D: A parcel of land situated in the NW4SW4, Section 2, Township 6
South, Range 89 West of the Sixth Principal Meridian, lying southerly of the
Interstate 70 southerly right-of-way, is more particularly described as follows:
Beginning at the witness corner to the West Quarter Corner of said Section 2,
a brass cap found in place, thence S. 59°46'00" E., 977.67 feet to an iron pipe
in place; thence N. 25°31'00" E., 83.43 feet to the "True" point of beginning;
thence N. 25°31'00" E., 118.92 feet; thence N. 24°18'00" E., 58.54 feet to
a point on said southerly right-of-way, a rebar and cap in place; thence S. 77°
27'26" E., 16.81 feet along said right-of-way; thence leaving said right-of-
way, S. 00°55'00" W., 172.31 feet; thence N. 80°16'00" W., 90.27 feet to the
"True" point of beginning.
The above described parcel contains 0.21 acres, more or less, in the State of
Colorado and the County of Garfield.
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,
BOOK 528 PAG: S33
:Statutes'.1973, as amended, for the reason that the impact
e enough to proceed through the subdivision procedures; and
the Petitioner has demonstrated to the satisfaction of the
-County 'Commissioners of Garfield County, Colorado, that there is
reasonable probability of locating domestic water on each of said tracts,
hat 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 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
" 11 ' 11 _. " " IID ��
tracts` A B C and D from the above described 1.96 acre tract is
hereby:. exempted from such definitions and said tract may be divided into
tracts 'A", "B" "C and "D" 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 tracts "A", "B", "CH and "D", and that a copy
of the instrument or instruments of conveyance when recorded shall be filed
with this Resolution.
Dated -this 14th day of May , A.D. 1979.
ATTEST: &i/t. t.t,
De uty Cl tf the Bond
of Count 'Commissioners
Garfield County, Colorado
THE BOARD OF COUNTY COMMISSIONERS
OF GARFIELD COUNTY, COLORADO
By:
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