HomeMy WebLinkAbout2.0 Resolution 79-163BEt-0t{[ 'ilrI tr0Atrr] 0]- c0rJNry c0r'1F1tssl0Nil{s 0t:
GARITIILD COUNTY, C()LCITADO
RESOLUTION NO. 79-163
NHEREAS, Rohert E. and Dorothy G.Pretti have petitioned the Board of
County Commissioners of Garfield Count.y, Colorado, f.or an exemption from
the defini tion of the terms "subdiv'ision" and "subd'ivided land" under C.R.S.
.l973, 30-28-10.l (.l0) (a)-(d) , as arircnded, and the Subdjvision Regul ations of
Garfield County, Colorado, adopted January 2, 1g7g, Sections 2.02.21 (d) and
3.02.0.I for the division of a .106.0 acre tract described as follows: that
parcel of land as described in Document No. 284108 as filed in the 0ffice of
the Clerk and Recorder of Garfield County, Colorado into 2 tracts of approxi-
mately 16.42 and 90.0 acres each, more or less, which proposed divided tract'
is more parti.rtu.ty described as follows:
Tract A: A parcel of land situated in the SI-.SE% of Section 30,
Township 5 South, Range 9l l^Jest of the Sixth Frincipal Meridian,
Garfield County, Colonado, lying Norther'ly of the l',lortheriy
right-of-way fence line of County Road No.25O, Easter'ly of the
Easter]y barrk ci a drainage g,;1ch being approxirnately 40 feet
from its centerline, and Southwesterly of the Southwesterly toe
of slope of the East Lateral of the Farmers Irrigation Conpan.y
Ditch, said parcel of land is more ful]y ciescrjbed as fol lows:
Beginning at a point in sajd right-of-way fence; whence the
Southwest Corner of said Section 30 bears: S.Bgo3l'36"W.
3089.62 feet; (the trdest Quarter Corner of said Section 30 bears:
N.50004'58"W.. 4052..I0 feet); thence, a'lon(i said bank, N.62048'.l8"E.
82.36 feet; thence N.07o55'5.| "E. 74.gg feet; thence N.54013'39"E.
185.62 feet; thence N.46047'37"E. .!05.39 feet; thence N.l7oo3'4.| "E.
81.07 feeti thence N.50o0B'00"E. i28.16 feeti thence N.27037'49"E.
116.0C feet; thence N.46015'00"E..l29.86 feet; thence N.38o4B'5.|"E.
96.03 feet to a point in a corral fence; thence, Jeavjng sajd bank,
S.77o31'39"E. 3l.90 feet along said corral fence; thence S.86033'48"E.
8.l.90 feet along said corral fence; thence N.0600l'48"E. 98.45 feet
to a point in a fence as novr constructed and in place; thence
S.B7o33'58"E. 5i.40 feet alonq said fence; thence ru.44050'04'iE. I
18.60 feet along said fence; thence S.83024'22"8 along said fence,
62.66 feet to a cedar tree; beinq a point at the toe of slope of
sai d di tch; thence,
feet to a pine 'tree;
s.55028'56"E. 39.59
s . 7+o5g '09,'E . 71 ,61
s.4lool'48"E. I09.60
s.570]7'I0"E. I86..l4
s.04040'4g"U. 145.92
s.4lol0'04,'E. llB.47
s . 38042 ' 58"E . 'lg. 5B
thence, leav'i ng sai d
aiottg said toc of s1ope, S.07 +5'4.|"E. 92..l8
'Lherrce S.39024'.l6"E. 37.78 feet; thence
feet; thence s.54ogB'22"8. 68.59 feet; thence
feet; thence S.64024'36"E . 37.'14 feet; thence
feet; thence S.64057'l0"E . 64.84 feet; thence
feet; thence S.29003'5l"E. 42.40 feet; thence
feet; thence s . I Bo37 '4l " E. 4'l . 37 feet ; thence
feet; thence S.40002'38"E. 77.51 feet; thence
feet to a point in said right-of-way fence;
toe of siope, N.Bgo5l'20"1^,. along said right-
of-way fence, 1567.73 feet to the point of beginning, containing
16.42 acres, more or less.
WflEREAS, the Petitioners have demon:trated to
Board of County Commissioners of Garfjeld County,
the satisfaction of the
Colorado, that the proposed
l, Article 28, Title 30,division
Col orado
crea ted
and
does not fall within the purposes of Part
Revised Statutes .l973, as amended, for the reason that the impact
is not large enough to proceed throuJrh the full subdivision revjew;
I,{HEREAS, the Petitioners have demonstrated to the satisfaction of the
Board of County Cornmissioners of Garfjeld County, Colorado, that there is a
reasonable probabifity 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 develorrment and does
not fall within the general purposes and intent of the subdivision regulations
of the State of Colorado and the County of Garfie'ld, and should, therefore, be
exempted from the definitjon of the terms "subdi.vision" and "subdivided land"
as set forth in C.R.S. .l973, 30-28-101 (10) (a)-(d), as amended;
NOl^l' THEREF0RE, BE IT RESOLVED that the d'ivision of the above described
tract "A" from the above described .106.0 acre tract is hereby exempted from such
definitions and said tract nray he divided into tract "Arr, all as is more ful1y
described above, and saicl djvided tract nra.y be conveyed in the form of such
smaller tracts without further comp'liance with the aforesaid subdivision statutes
and regu'lations; provided, however, that this exemption is grantecl on the condi-
tion and with the express understanding and agreement of the Petitioners that no
further exemptions be alloweci on saicl ii"ac'u "A", an.l that a copy of the instru-
ment or instrurrrents of conveyance when recorded shal'l be filed with this
Resol u L'i on.
Da ted th 'is 2 4 tll dav of Decenii:cq A.D. 1979.
THE BOARD OF COUNTY
OF GARFIELD COUNTY,
COMMI SS I ONERS
COLORADO
ATTEST:tvc
of Coun
Ga rfi el d
of the Boa
Commi ss ioners
County, Colorado