HomeMy WebLinkAbout2.0 Resolution 80-39""* - t
STATE OF COLORADO
County of Garficld f"
At a....,...$.9.9U.1.e.f..,........ ....meeting of the Board of County Commissioners for Garfield County, Colorado,
Marqn- -..*.I*;Ilt'ffirxtli:i,'#
::: ::rffi:nerchairman
..........8.1.+.ySn....J."....99.f.i.S9...-...-...... , commissioner
.....Ar.t-hu.r...4..-.-..AbP].e.ng.]p.r.....J.{.t..... , county Attorney-.'...............-.. r vve..r, ..5.v...v,
.........N.e.n9y....9.p.r+.sh....F-*.9s........ , clerk of the Boarr
when the following proceedings, among others were had and done, to-wit:
RESoLUTI0N N0. 80-39
RESOLUTION CONCERNED I,IITH GRANTING AN EXEMPTION FROM THE GARFIELD COUNTY
SUBDIVISION REGULATIONS FOR RICHARD l,l. AND MRGARET NIDAY
WHEREAS, Richard l^l. and Margaret Niday have petitioned the Board of County
Commissioners of Garfield County, Colorado, for an exemption from the definition
of the terms "subdivision" and i'subdivided land" under C.R.S . 1973, 30-28-.l0'l('10)(a)-(d), as amended, and the Subdivision Regulations of Garfield County, Colorado,
adopted January 2,1979, Section 2.02.21(d) and 3.02.0.I for the division of a
4.92 acre tract described as follows: That parcel of land as described in
Document No. 249692 as filed in the 0ffice of the Clerk and Recorder of Garfield
County, Colorado into 2 tracts of approximate'ly 2.0'l and 2.9.I acres each, more
or less, which proposed divided tracts are more particularly described as follows:
Tract A: A tract of land situated in Lot .l3, Section 33 and Lot 18,
Setion 32, aI'l in Township 7 South, Range 87 West of the Sixth Principal
Meridian, more particularly described as follows:
Beginning at a point on the northerly light-of-way Iine of Colorado State
Highway l'io. 82, said point bears N. 64007 '05" l,,,. 5881 .276 feet from the
soutfreist Corner of sitcl Section 33; thence l,l. no47'02" l,I. 345.'12 feet
along the northelly right.of-way Iine of said Colorado State Highway Nc.
82; thence N. 160221.|7" E.218.86 feet to a fence as constructed and in
plice; thence S. 8203I'51" E. 356.43 feet, alonn said fence to the^inter-
iecti6n of a cross lence as constructed ana tn place; thence S. 17049'00"
l,l. 285.22 feet along said fence to the point of beginning, containing
2.0145 acres, more or less.
Tract"B: A tract of land situated in Lot 18, Section 32, Township 7
S5iiIfr,-Range 87 t^lest of the Sixth Principa't Meridian, rpre particularly
described as follows: ' . \
Beginning at a point on the northerly right-of-uray line of Colorado State
Highway No. 82, said point bearing N. 64v32'31" ht. 6223.48 feet from the
Southeast Corner of Section 330 Township 7 South, Range.87 West of the
Sixth Principal Meridian; thence N. 71u47'02" hl. 1I59.56 feet along the
norther'ly right-of-way line of said Colorado State Highway No. 82; thence
Ieaving said highway right-of-way S. 82031'5.l" E. 415.66 feet to a fence
as constructed and in p'lace; the[ce continuing along said fence S. 8203]'
51" E.757.43 feet; thence S. 16022'17" t.l. 218.86 feet to the point of
beginning, containing 2.91 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 fal'l within the purposes of Part l, Article 28, Title 30, Colorado
Revised Statutes 1973, as amended, for the reason that the impact created is not
Iarge enough to proceed through the full subdivision review; and
IIHEREAS, the Petitioners have demonstrated to the satisfaction of the Board
of County Cornmissioners of Garfie'ld County, Colorado, that there-is a reasonable
probabi'lity of locating donestic water on each of sa'id tracts, that there is
adequate inEress and egress to said tracts, that the location of septic tankswill be permitted by the Colorado Department of Health, that the requested division
is not part of an existing or larger developmeni and does not fall within ihe
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'
30-28-10l (10)(a)-(d) o as amended;
NOW, THEREFORE, BE IT RESOLVED that the division of the above described
tracts "A" and "8", from the above described 4.92 acre. tract is hereby exempted
from such definitions and said tract may he divided into tracts nA" and "B", all
as is npre fully described above, and said divided tract may be conveyed in the
form of such smaller tracts without further compliance with the aforesaid sub-
division statutes and regulations; provided, however, that this exemption is
granted on the condition and with the express understanding and agreement of the
Petitioners that no further exemptions be allowed on said tracts "A" and ttgtr, dfid
that a copy of the instrument or instruments of conveyance when recorded shall
be filed with this Resolution.
THE BOARD OF COUNTY COMMISSIONERS
OF GARFIELD COUNTY, COLORADO
of Count
Garfield
Cormi ss i oners
County, Colorado
upon mo,rcn y.:::.::.ii_r-flH_*::fl:':3tiit"f::..:.:.-1.:y::...::.IJ:n": *",
-""FitfhY3luE3}itu - --fl:
STATEOFCOLORADO Ilss
County of Garfield I
Cornmissionerr
I,., County. Clerk and exofficio Clerk of the Board of County Commirsionss
ln and for tha County and Stat€ aforesaid do hereby certlfy that the annexed and foregoing Order ls truly copied from the Rccords ot
tte Proceedings of the Board of County Comrnissioners for said Garfield County, now in my office.
lN WITI{ESS IITHEREOF, I havc hereu$to set
thb.................... iay ot -......
my hand end alfixed the seal of sald County, at Glcnurood Sprln$,
, A. D. 19..............
County Clerk and ex-officio Clerk of tho Board of Couaty Commlssloner*