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HomeMy WebLinkAbout2.0 Resolution 76-49Joi • BEFORE THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO RESOLUTION 76 SL? WHEREAS, Susan Mackie and Richard and Peggy Piffer have petitioned the Board of County Commissioners of Garfield County for an exemption under C.R.S. (1973) Section 30-28- 101 (10) (d) as amended and the Subdivision Regulations of Garfield County, Colorado adopted September 1, 1972 and amended April 14, 1975, for the division of 63.5 acres into 2 tracts of approximately 58 and 5 acres, more or less, described as follows: Wz of Lot 13, Sec. 18, T. 7 S., R. 87 W., of the 6th P.M. and Lot 5, Sec. 13, T. 7 S., R. 88 W. of the 6th P.M., together with any and all water and water rights and ditches and ditch rights belonging to or used in connection with said real property including but not exclusively, 200 shares in the Needham Ditch in Water District No. 38. a. Excepting, however, from the above described real property, 2.04 acres, more or less, heretofore conveyed to Lester L. Snethen and Opal J. Snethen, by Deed recorded as Doc. No. 229323 in Book 365 at Page 121 of the Garfield County, Colorado, records; and b. Also, excepting the following described tract of land: A tract of land in Lot 5, Section 13, Township 7 South, Range 88 West of the 6th Principal Meridian, described as follows: Beginning at the NE corner of said tract on the North line of said Lot 5, from which the NE corner of Section 13, Township 7 South, Range 88 West bears N. 29°02'22" E. 889.00 feet; thence S. 07°31'03" W. 600.00 feet to the SE corner; thence N. 82°28'57" W. 363.00 feet to the SW corner; thence 07°31'03" E. 576.79 feet to the NW corner; thence along the North line of Lot 5 S. 86°10'03" E. 363.87 feet to the point of beginning, containing 4.91 acres, more or less. WHEREAS, the petitioners have shown to the satisfaction of the Board of County Commissioners of Garfield County, Colorado that they desire said exemption for the purpose of adding to the parcel described in the exception (a) to the description set out above; and • • • WHEREAS, petitioners have demonstrated to the satisfaction of the Board of County Commissioners that said request for exemption is for the purpose of transferring agricultural land and not for the purpose of creating a new building parcel; that the 5 acre parcel shall hereafter be conveyed only with the parcel above described as exception (a) above; that such 5 acre parcel is described generally as being bounded on the west by County Road 130, on the east by the parcel described in exception (b) above, and on the north and south by extensions north to the said County road of the north and south boundary lines of said exception (b); that there is adequate ingress and egress to said tracts; 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) Section 30-28-101 (10) (d) as amended; NOW THEREFORE, upon motion of Pete Mattivi, seconded by Lynn Hill, and unanimously carried said 63.5 acre tract of land is hereby exempted from such definition and transfer of said tract may be made by division into 2 tracts of 5 and 58 acres, more or less, all as is more fully described in the Petition pertaining hereto. A copy of the instrument or instruments of conveyance when recorded shall be filed with this Resolution. Dated this 16th day of August, A.D. 1976. THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO Attest: Chairman r" Commissioner Commissioner Garfield Cgbnty Clerk