HomeMy WebLinkAbout2.0 Resolution 79-73I
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BEFORE THE BOARD OF COUNTY
GARFIELD COUNTY,
RESOLUTION NO.
COMMISSIONERS OF
COLORADO
79-73
WHEREAS, Robert Oxenberg has petitioned the Board of County Commissioners
of Garfield County, Co'lorado, for an exemption from the defin'ition of the terms
"subdivision" and "subdivided land" under C.R.S. .|973, 30-28-l0l (.|0) (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 4.36
acre tract described as follows: that parcel of land as described in Document
No. 288.159 as filed in the 0ffice of the Clerk and Recorder of Garfield County,
Colorado into 2 tracts of approxinratel y 2.18 and 2..l8 acres each, more or 'less,
which proposed divided tract is more particularly described as follows:
Tra.ct A: A parcel of land situated in Lot B, Sectjon 29,
Township 7 South, Range 88 West of the Sixth Principal Meridian,
nnre particularly described as follows:
o Commencing at the Northwest Corner of said Section 29, thence S.
56028'23" E.2296.38 feet to the True Point of Beg'inning; thence
. 50043'05" E.337.19 feet; thence S. 3.l009'00" E. 153.65 feet;
thence S. 30020'00" t^l. 395.87 feet; thence WEST 149.87 feet; thence
N. 02003'.|7" E. 259.85 feet to the True Pqint of Beginning; containing
2.185 acres, nxlre or less.
Tract B: A parcel of 'land situated in Lots 3 & 8, Section 29,
Township 7 South, Range 88 l^lest of the Sixth Principal Meridian,
more parti cu'larly descri bed as fol I ows :
Commencing at the Northwest Corner of said Section 29, thence S.
62045'03" E.2164.48 feet to the True Point of Beginnihg; thence
N.02003',17" E.409.60 feet; thence S. 39055'.l2" E.29..l5 feet
thence s. 30059'30" E.354.2.l feet; thence S.02os8'48" hl. 8.l.88
. feet; thence S. gloog'00" E . 76.42 feet; thence S. 50043'06" l,l.
337.19 feet; thence N. 02003'17" E. 277.50 feet to the True Point
Colorado and County of Garfield; and,
I,IHEREAS, the Petitioner has denpnstrated 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 l, Article 28, Title 30, Colorado
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Revised rruarru,.l973, as amended, for the reason that the impact created is
not large enough to proceed through the ,'ull subdivision review; and,
WHEREAS, the Petitioner has demonstrated to the satisfact'ion 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 sajd tracts, that the location of septic tanks
will be permitted by the Colorado Departnent of Health, that the requested
division is not part of an exist'ing 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. .I973, 30-28-l0l (10) (a)-(d), as amended;
N0l,l, THEREFORE, upon the motion of Larry Ve'lasquez , seconded by
R. C. Jo1 'ley , and carried, the division of the above described
tracts "A", and "B", from the above described 4.36 acre tract is hereby exempted
from such definitions and said tract may be divided into tracts "A", and "8",
all as is npre fu11y described above, and said divided tract may be conveyed
in the forri of such smaller tracts without further compliance with the afore-
said subdivisioh statutes and regu'lations; 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" and
"B", and that a copy of the instrument or instruments of conveyance when
recorded shal I be fi I ed with thi s Resol ut'ion.
Dated this 2nd day of July, A.D. 1979.
THE BOARD OF COUNTY COMMISSIONERS
OF GARFIELD COUNTY, COLORADO
ATTEST:
Garfie'ld County, Colorado
vcl rk of the Bog
of Coun Commi s si oners