HomeMy WebLinkAbout2.0 Resolution 79-162•
Reception Wo 300544 pii:tured t1ealtar PReiaair
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF
GARFIELD COUNTY, COLORADO
RESOLUTION N0.79-162
BOOK 541 PAGE 6O`?
WHEREAS, Joseph Piegel has 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,
adopted January 2, 1979, Sections 2.02.21 (d) and 3.02.01 for the division of
a 40.0 acre tract described as follows: the SW4 NW4 of Section 28, T.7S.,
R.87W. of the 6th P.M. into 4 tracts of approximately 9.52, 18.57, 6.24, and
5.74 acres each, more or less, which proposed divided tracts are more parti-
cularly described as follows:
Tract A: A tract of land situated in the SW4NW4 of Section 28,
Township 7 South, Range 87 West of the 6th Principal Meridian,
Garfield County, Colorado, being more particularly described as
follows:
Beginning at a Brass Cap found in place and properly marked for
the WQ Corner of said Section 28; thence N.00°44'00" E 1345.05
feet along the Westerly line of the SW4NW4 of said Section 28;
thence S.88°41102" E. 300.00 feet along the Northerly line of
the SW4NW4 of said Section 28; thence South 1343.17 feet to a
point on the Southerly line of the SWq NW4 of said Section 28;
thence N.89°04130" W. 317.18 feet along the Southerly line of the
SW4NW4 of said Section 28 to the Wq Corner of said Section 28,
the point of beginning, containing 9.52 acres more or less, and
together with and subject to a 20 foot wide easement recorded
July 6, 1979 in Book 531 at Page 123 of the records of the Clerk
and Recorder of Garfield County, Colorado.
Tract B: A tract of land situated in the SW4NW4 of Section 28,
Township 7 South, Range 87 West of the 6th Principal Meridian,
Garfield County, Colorado, being more particularly described as
follows:
Beginning at a point on the Southerly line of the SW4NW4 of said
Section 28 whence a Brass Cap found in place and properly marked
for the W4 Corner of said Section 28 bears N.89°04'30" W. 317.18
feet; thence North 1343.17 feet to a point on the Northerly line
BOOK 541 PAGES'
of the SWq NW 4 of said Section 28; thence S.88°41'02" E. 580.31
feet along the Northerly line of the SWkNW4 of said Section 28;
thence South 108.12 feet to a point on the centerline of a County
Road as built and in place; thence along the centerline of a 30
foot wide access easement on the following courses: S.08°50'49"
W. 47.67 feet; thence S.11°42'01" E. 156.36 feet; thence S.11°02'56"
W. 66.08 feet; thence S. 16°58'46" E. 119.79 feet; thence S.30°12'34"
E. 192.83 feet; thence leaving said access easement centerline on
a course bearing West for 130.23 feet; thence South 685.03 feet
to a point on the Southerly line of the SWaNW4 of said Section 28;
thence N.89°04130" W. 593.73 feet along the Southerly line of the
SWQNW4 of said Section 28 to the point of beginning, containing 18.57
acres more or less, except that part of the above described parcel
conveyed to the Board of County Commissioners by instrument recorded
February 6, 1931 in Book 159 at Page 217 of the records of the
Clerk and Recorder of Garfield County, Colorado, and also subject
to a 20 foot wide easement described in Book 531 at Page 123 of the
records of the Clerk and Recorder of Garfield County, Colorado and
also subject to and together with the above described 30 foot wide
access easement.
Tract C: A tract of land situated in the SW4NW4 of Section 28,
Township 7 South, Range 87 West of the 6th Principal Meridian,
Garfield County, Colorado, being more particularly described as
follows:
Beginning at a point on the Westerly line of the SW1/4NWk of said
Section 28 whence a Brass Cap found in place and properly marked
for the W4' Corner of said Section 28 bears S.01°07'03" W. 537.36
feet and N.89°04'30" W. 1297.47 feet; thence N.60°00'00" W. 308.03
feet to a point on the centerline of a 30 foot wide access ease-
ment; thence along said access easement centerline on the following
courses: N.30°12'34" W. 192.83 feet; thence N.16°58'46" W. 119.79
feet; thence N.11°02'56" E. 66.08 feet; thence N.11°42'01" W.
156.36 feet; thence N.08°50'49" E. 47.67 feet to a point on the
centerline of a County Road as built and in Place; thence North
108.12 feet to a point on the Northerly line of the SWgNW4 of
said Section 28; thence S.88°41'02" E. 426.18 feet along the
Northerly line of the SW4NW4 of said Section 28 to the Northeast
BOOK 541 PAGE609
Corner of the SAN*, of said Section 28; thence S.O1°07'03" 14. 798.77
feet along the Easterly line of the SW1/4NW1/4 of said Section 28 to the
point of beginning, containing 6.24 acres more or less, except that
part of the above described parcel conveyed to the Board of County
Commissioners by instrument recorded February 6, 1931 in Book 159 at
Page 217 of the records of the Clerk and Recorder of Garfield County,
Colorado, and also subject to the above described 30 foot wide access
easement.
Tract D: A tract of land situated in the SW4NW4 of Section 28,
Township 7 South, Range 87 West of the 6th Principal Meridian, Garfield
County, Colorado, being more particularly described as follows:
Beginning at a point on the Southerly line of the SW4NW4 of said
Section 28 whence a Brass Cap found in place and properly marked for
the W1 Corner of said Section 28 bears N.89°04'30" W. 910.91 feet;
thence North 685.03 feet; thence East 130.23 feet; thence S.60°00100"
E. 308.03 feet to a point on the Easterly line of the SW4NW4 of said
Section 28; thence S.O1°07'03" W. 537.36 feet along the Easterly line
of the SW4NW4 of said Section 28 to the Southeast Corner of the
SW4NW4 of said Section 28; thence N.89°04130" W. 386.56 feet along
the Southerly line of the SW-Mkof said Section 28 to the point of
beginning, containing 5.74 acres more or less, and together with a
30 foot wide access easement described above for Tract C.
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 the 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 regu-
lations of the State of Colorado and the County of Garfield, and should,
therefore, be exempted from the definition of the terms "subdivision and
BOOK 5c11 PAGED_--'
ubdivided;:land" as set forth in C R.S 1973, 30-28-101 (10) (a) -(d), as
emended;
NOW,THEREFORE, BE IT RESOLVED that the division of the above described
rafts "•'A"
,gyp 11.
"C", and "D from the above described 40.0 acre tract is
hereby exempted from such definitions and said tract may be divided into
tracts "A", "B", C ,and "D", 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 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", "B",
"C"
and "D", and that a copy
of the instrument or instruments of conveyance when recorded shall be filed
with this Resolution.
Dated this 24thday of , December, A.D. 1979.
THE BOARD OF COUNTY COMMISSIONERS
OF GARFIELD COUNTY, COLORADO
B
ATTEST: ,LL
De uty' e of the Bo
of Coun Commissioners
Garfield County, Colorado
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