HomeMy WebLinkAbout2.0 Resolution 78-129BEFORE THE BOARD OF COUNTY COMMISSIONERS OF
GARFIELD COUNTY, COLORADO
RESOLUTION NO. 78 - /,)J/
WHEREAS, Albert T. and Marie A. Herring 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, for the division of a 3.8 acre
tract into three tracts of not less than 1.0 acre each (hereinafter tracts
"A", "B" and "C"), more or less, and said 3.8 acre tract is more parti-
cularly described as follows:
A parcel of land situated in the Southerly 300 feet of Lot
15 and in the Northerly portion of Lot 5 all in Section 7,
Township 7 South, Range 88 West of the Sixth Principal
Meridian lying Northerly of the Northerly right-of-way line
of a County Road as constructed and in place, said parcel
of land is described as follows:
Beginning at
feet of said
line of said
said Lot 15;
line of said
point on the
thence along
the Northeast Corner of the Southerly 300
Lot 15; thence S.00°36'30" W. along the Easterly
Lot 15, 300.00 feet to the Southeast Corner of
thence East 125.12 feet along the Northerly "`
Lot 5; thence S.13°00'00" E. 244.48 feet to a
Northeast right-of-way line of said County Road;
said County Road, 155.66 feet along the arc of
a curve to the right, having a radius of 470.82 feet, the
chord of which bears: N.66°49'20" W. 154.95 feet; thence
N.57°21'03" W. 184.56 feet; thence 140.31 feet along the arc
of a curve to the right, having a radius of 5,368.83 feet,
the chord of which bears: N.56°07'38" W. 139.89 feet;
thence N.59°10'14" W. 331.99 feet; thence N.53°08'57" E.
215.95 feet; thence leaving said County Road right-of-way
East 349.23 feet to a point on the Easterly line of said
Lot 15, the point of beginning in the State of Colorado and
County of Garfield.
WHEREAS, the Petitioners have demonstrated to the satisfaction of
the Board of County Commissioners of Garfield County, Colorado, that they
desire said exemption for the purpose of resale of said tract "A" with
existing improvements and for the purpose of bringing the tracts "A",
"B" and "C" into closer conformance with the Garfield County Zoning
Rest,' Ly-im-�
Ordiaancc; 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 in accordance with
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, upon the motion of Richard C. Jolley, seconded by
Flaven J. Cerise, and carried, said 3.8 acre tract of land is hereby
exempted from such definitions and said tract may be divided into three
(3) tracts of not less than 1.0 acres each, more or less, all as is
more fully described above, and said divided tract may be conveyed in
the form of such smaller tracts without further compliance with the
aforesaid subdivision statutes and regulations; provided, however that
said exemption is conditioned on the Petitioners obtaining a proper
legal description of said tracts prior to any conveyance thereof.
Further, this exemption is granted on the condition and with the express
understanding and agreement of the Petitioner that tracts "A", "B" and
"C" shall be not less than 1.0 acres each. A copy of the instrument or
instruments of conveyance when recorded shall be filed with this
Resolution.
Dated this llth day of December, A.D., 1978.
ATTEST:
De
ciR
r :f the Boar
of count 'Commissioners
Garfield County, Colorado
THE BOARD OF COUNTY COMMISSIONERS
OF GARFIELD COUNTY, COLORADO
By: