HomeMy WebLinkAbout2.0 Resolution 79-61. .f 2 g "JUN 1 9 1979
Recorded a,t ___ .::_o'cloclt_:f! .. M.-------
e:;1Ql::'1f'.-~18 v Reception Ho. {1.Je-H.])1..;·e..• ' Mild.rod Alsdorf, Recorder
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF
GARFIELD COUNTY, COLORADO
RESOLUTION NO. 79-61
BOOK 530 PAGE 98
WHEREAS, Jerome Osentowski has petitioned the Board of County Commissioners
of Garfield County, Colorado, for an exemption from the definition of the terms
11 subdivision 11 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 1.85
acre tract described as follows: that tract of land as described in Document
No. 287617 as filed in the Office of the Clerk and Recorder of Garfield County,
Colorado into 2 tracts of approximately 1.26 and 0.58 acres each, more or less,
which proposed divided tracts are more particularly described as follows:
Tract A: A parcel of land situated in the SE~NE~ of Section 21,
Township 6 South, Range 89 West of the Sixth Principal Meridian, Garfield
County, Colorado, lying easterly of the easterly right-of-way 1 ine of
a county road as constructed and in place and westerly of the westerly
bank of the Roaring Fork River; said parcel of land is described as
follows:
Beginning at the East Quarter Corner of said Section 21; thence
N. 87°05 1 00 11 W. 820.90 feet along the southerly line of said SE~NE~
and N. 16°17 1 00 11 W. 82.15 feet to the True Point of Beginning; thence
N. 87005•00 11 1,~. 220.31 feet; thence N. 74°17 1 34 11 W. 29.00 feet; thence
S. 68°45 1 48 11 W. 86.32 feet to a point on the easterly right-of-way
line of said county road; thence N. 12°14 1 00 11 E. 200.93 feet along the
easterly right-of-way 1 i ne; thence S. 87°05 1 00 11 E. 322. 53 feet to a
point on the westerly bank of said river; thence S. 16°17 1 00 11 E. 174.76
feet along the westerly bank of said river to the True Point of Beginning.
The above described parcel of land contains 1 .26 acres, more or
1 ess.
Tract B: A parcel of land situated in the SE~NE~ of Section 21,
Township 6 South, Range 89 West of the Sixth Principal Meridian,
Garfield County, Colorado, lying easterly of the easterly right-of-way
of a county road as constructed and in place and westerly of the
westerly bank of the Roaring Fork River, and northerly of the southerly
line of said SE~NE~; said parcel of land is described as follows:
BOOK 530 PAGE 99
Beginning at the East Quarter Corner of said Section 21, thence
N. 87°05'00 11 W. 820.90 feet along the Southerly line of said
SE14NE14 to the Tn!e Point of Beginning; thence N. 87°05'00" I•/.
341 .20 feet along the southerly line of said SE~NE~ to its
intersection with the easterly right-of-way line of said County
Road; thence N. 12°14 1 00 11 W. 50.44 feet along the easterly
line of said county road; thence N. 68°45'4811 E. 86.32 feet;
thence S. 74°17 1 34 11 E. 29.00 feet; thence S. 87°05 1 00 11 E.
220.31 feet to a point on the westerly bank of said river;
thence S. 16°17 1 00 11 E. 82.15 feet along the westerly bank
of said river to the True Point of Beginning.
The above described parcel of land contains 0.58 acres, more or
1 ess.
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, Colorado Revised Statutes 1973, as amended, for the reason that
the impact created is not large enough to proceed through full subdivision
review; and
WHEREAS, the Petitioner has 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 11 subdivision 11 and ''subdivided land 11 as set forth in C.R.S.
1973, 30-28-101 (10) (a)-(d), as amended;
NOW, THEREFORE, upon the rnoti on of __ R~. -=-C-'-._..;:J....:oc..:l::;...:l~e=:..y,___ __ , seconded by
~L~a_r_r~y~V_e_l_a_s~q_u_e_z ___ , and carried, the division of the above described
tracts "A" and 11 B11 , from the above described l .85 acre tract is hereby
exempted from such definitions and said tract may be divided into tracts
11
A
11
and
11 B11 , all as is more fully described above, and said divided tract may be conveyed
BOOK 530 r.~m:100
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 under-
standing and agreement of the Petitioner that no further exemptions be
allowed on said tracts 11 A11 and 11 811
, and that a copy of the instrument or
instruments of conveyance when recorded shall be filed with this
Resolution.
Dated this 18th day of _ __::J:.....::u=n=e~-· A. D. 1979.
THE BOARD OF COUNTY COMMISSIONERS
OF GARFIELD COUNTY, COLORADO·