HomeMy WebLinkAbout4.0 Resolution 79-163DEC_('1G ' _DEC 2 1979 : BOOK 541 PAGE.
Reception 'No. 3005415_ !H.ildri d Alsdorf, Recorder
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF
GARFIELD COUNTY, COLORADO
RESOLUTION NO. 79-163
WHEREAS, Robert E. and Dorothy G. Pretti 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 Subdivision Regulations of
Garfield County, Colorado, adopted January 2, 1979, Sections 2.02.21 (d) and
3.02.01 for the division of a 106.0 acre tract described as follows: that
parcel of land as described in Document No. 284108 as filed in the Office of
the Clerk and Recorder of Garfield County, Colorado into 2 tracts of approxi-
mately 16.42 and 90.0 acres each, more or less, which proposed divided tract
is more particularly described as follows:
Tract A: A parcel of land situated in the S1/2SE4 of Section 30,
Township 5 South, Range 91 West of the Sixth Principal Meridian,
Garfield County, Colorado, lying Northerly of the Northerly
right-of-way fence line of County Road No. 250, Easterly of the
Easterly bank of a drainage gulch being approximately 40 feet
from its centerline, and Southwesterly of the Southwesterly toe
of slope of the East Lateral of the Farmers Irrigation Company
Ditch, said parcel of land is more fully described as follows:
Beginning at a point in said right-of-way fence; whence the
Southwest Corner of said Section 30 bears: S.89°31'36"W.
3089.62 feet, (the West Quarter Corner of said Section 30 bears:
N.50°04'58"W. 4052.10 feet); thence, along said bank, N.62°48118"E.
82.36 feet; thence N.07°55'51"E. 74.99 feet; thence N.54°13'39"E.
185.62 feet; thence N.46°47'37"E. 105.39 feet; thence N.17°03'41"E.
81.07 feet; thence N.50°08'00"E. 128.16 feet; thence N.27°37'49"E.
116.00 feet; thence N.46°15'00"E. 129.86 feet; thence N.38°48'51"E.
96.03 feet to a point in a corral fence; thence, leaving said bank,
S.77°31'39"E. 31.90 feet along said corral fence; thence S.86°33'48"E.
81.90 feet along said corral fence; thence N.06°01'48"E. 98.45 feet
to a point in a fence as now constructed and in place; thence
S.87°33'58"E. 51.40 feet along said fence; thence N.44°56'04"E.
18.60 feet along said fence; thence S.83°24'22"E. along said fence,
62.66 feet to a cedar tree; being a point at the toe of slope of
BOOK 541 PaGEfl2
said ditch; thence, along said toe of slope, 5.07°45'41"E. 92.18
feet to a pine tree; thence 5.39°24'16"E. 37.78 feet; thence
5.55°28'56"E. 39.59 feet; thence 5.54°38'22"E. 68.59 feet; thence
5.74°59'09"E. 71.67 feet; thence 5.64°24'36"E. 37.14 feet; thence
5.41°01'48"E. 109.60 feet; thence 5.64°57'10"E. 64.84 feet; thence
5.57°17'10"E. 186.14 feet; thence 5.29°03'51"E. 42.40 feet; thence
5.04°46'48"W. 145.92 feet; thence 5.18°37'41"E. 41.37 feet; thence
5.41°10'04"E. 118.47 feet; thence 5.4002'38"E. 77.51 feet; thence
5.38°42'58"E. 19.58 feet to a point in said right-of-way fence;
thence, leaving said toe of slope, N.89°51'20"W. along said right-
of-way fence, 1567.73 feet to the point of beginning, containing
16.42 acres, more or less.
WHEREAS, the Petitioners have 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 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 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, BE IT RESOLVED that the division of the above described
tract "A" from the above described 106.0 acre tract is hereby exempted from such
definitions and said tract may be divided into tract "A", all as is more fully
described above, and said divided tract may he 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 condi-
tion and with the express understanding and agreement of the Petitioners that no
further exemptions be allowed on said tract "A", and that a copy of the instru-
ment or instruments of conveyance when recorded shall be filed with this
BOOK .5 41 PAC E6 3
THE -BOARD OF COUNTY COMMISSIONERS
OF GARFIELD`COUNTY , COLORADO