HomeMy WebLinkAbout2.0 Resolution 79-109BEFORE THE BOARD OF COUNTY
GARFIELD COUNTY,
RESOLUTION NO.
COMMISSIONERS OF
COLORADO
79-109
WHEREAS,JamesP.andSharohL.NieslanikhavepetitionedtheBoardof
county comnissioners of Garfield county, co'lorado, for an exemption from t}e
definition of the terms "subdivision" and "subdivided 'land" under c.R.s-
1973,30-28-l0t (.l0) (a)-(a), as amended, and the Subdivision Regulations of
Garfield County, Colorado, adopted January 2, 1g7g, Sections 2 '02'21 (d) and
3.02.0I for the division of a 240.0 acre trac.t described as fol'lows: that
parcel of land as described in Document No. 259527 as fi'led in the 0ffice
of the clerk and Recorder of Garfield county, co]orado into 2 tracts of
approximately 235.0 and 5.0 acres each, more or'less, which proposed divided
tract is more particularly described as follows:
Tract A: The real property wh'ich is the subiect of this resolu-
tion may be conveyed to the imrnediate purchaser thereof by applicant
by deed containing a reservation using the fol'lowing description:
Reserving unto the sa'id parties of the first part all that part
of the above descriSt6 141-'NE% of Section l7'T'65"R881'l' of the 6th P'M'
Iyi.ng northerly and easterly of a fence line existing and in p'lace, con-
sisting of 5 acres, more or less, together with an easement for roadway
access and utilities from Garfield County Road No. ll5 to the above
described tract over and across the roadway presently constructed
and in P'lace.
Provided, however, that the aforesaid 5 acre parcel shall not be
conveyed by the applicant until such time as such parcel has been
surveyed and a surveyed lega'l description by metes and bounds set
forth in the deed of conveyance.
W{EREAS, the petitioners have denpnstrated to the satisfaction of the
Board of county commissioners of'Garfield county, colorddo, that the prooosed
division does not fall within the purposes of Part I, Article 28, Tit'le 30,
Colorado Revised Statutes 1973, as anrcnded, for the reason that the impact
created is not large enough to proceed through the full subdivision review; and
WHEREAS, the petitioners have denonstrated 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 egres.s 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.1g73,3O-28-l0l (10) (a)-(d), as
amended;
[dHEREAS, the division of the above described tract "A" from the
described 240.0 acre tract is hereby exempted from such definitions
tract may be divided into tract rrA'r, a1'l as is npre fully described
and said divided tract may be conveyed in the form of such smaller
without further compliance with the aforesaid subdivision statutes
regulations; provided, however, that this exemption is granted on
and with the express understanding and agreement of the Petitioner
above
and said
above,
tracts
and
the condition
further exemptions be allowed on said tract "A", and that a copy of
that no
the
instrument or instruments of conveyance when recorded shall be filed with
this Resolution.
Dated this lOth day of September , A.D. 1979.
THE BOARD OF COUNTY COMMISSIONERS
OF GARFIELD COUNTY, COLOMDO
ATTEST:
of County Commi ss ioners
Garfield County, Colorado