HomeMy WebLinkAbout2.0 Resolution 79-61I
BEFORE THE BOARD OF COUNTY
GARFIELD COUNTY,
RESOLUTION NO.
COMMISSIONERS OF
COLORADO
79-67
. WHEREAS, Edwin and De]l Pace have petitioned the Board of County
Conrnissioners of Garfie'ld County, Co1orado, for an exemption from the
definition of the terms "subd'ivision" and "subdivided Iand" under C.R.S.
1973, 30-28-.l01 (10) (a)-(d), as amended, and the Subdivision Regulations
of Garfield County, Colorado, adopted January 2, 1979, Sections 2.02,21 (d)
and 3.02.0'l for the divisi,on of a 10.49. acre tract described as follows:
the SI{%SI,J'.^SE\ of Section 33, Township 5 South, Range 92 West of the 6th P.M.
into 3 tracts of approximately 3.38,4.lC and 3.01 acres each, more or less,
vrtrich proposed divided tracts are more particularly described as fo'llows:
Tract A: A parcel of land situated in the Stf<SW%SEk of
Section 33, Tow;tship 5 South, Range 92 West of the Sixth Principal
Meridian, Garfie'ld County, Co'lorado, being the sarne as Tract No.
6l as shown on the Antlers Orchard Development. Company's Plat No.
l, recordqd JuI.v ?.3, 1909 as Document No. 37488 of the Garfie'ld
County, Colorado records, lying Northerly of County Road No. 233'
said Parcel No. I is more fully described as 'cl'lows:
Beginning at an iron pipe with a brass cap proper'ly marked for the
South Quarter Corner of said Section 33, also being the Southwest corner
of said Tract No. 61, located in said County Road; thence N.00o03'32"W.
30.00 feet to a point on the Northerly right-of-way line of said County
Road; thence N.89053'30"E. along said right-of-way Iine 30.00 feet
to the TRUE P0INT 0F BEGINNING; thence N.00003'32"1,,. a'long the Easterly
line of a 30 foot utility and road easement,20.00 feet; thence
N.55o4l'04"E. 300.00 feet, more or less, to a point in the centerline
of a small drainage basin; thence N.57ol3'52"E. 459.97 feet to a point
on the Easter]y line of said Tract No. 6l;'thence 5.00009'37"E. along
the Easterly line of said Tract No. 6.l,436.88 feet to a point on'the
Northerly right-of-way line of said County Road, whence the Southeast
corner of said Tract No. 6l bears: S.O0o09'37"E. 30.00 feet; thence
S.89053,30"W. along said right-of-way 1ine, being a line parallel to
the Southerly line of said Tract No. 61, 635.75 feet to the TRUE POINT
OF BEGINNING.
The above described Parcel No. 'l contains 3.38 acres,'Imre or 'less. '
.t'
Tract B: A parcel of land situated in the S1ll%S!,rzSEt6 of Section 33, r r
Township 5 South, Range 92 tJest of the Sixth Principa'l Meridian,
Garfield County, Colorado, being the same as Tract No. 6l as shown
on the Antlers Orchard Development Company's Plat llo. l, recorded
July 23, .1909 as Document No. 37488 of the Garfield County, Colorado
records, Iying Wester'ly of the centerline of a small drainage basin,
said Parcel No. 2 is mcre fully described as follows:
Beginning at an iron pipe with a brass cap properly marked for the
South Quarter Corner of said Section 33, also being the Southwest
corner of said Tract No. 6l, located in County Road No. 233, thence
N.00o03i32"W. 30.00 feet to a point on the Northerly right-of-way
Iine of said County Road, the TRUE P0INT 0F BEGINNING: thence
N.00003'32"W. along the North-South Centerline of said Section 33,
being the Westerly line of said Tract 61, 687..l2 feet to the Northwest
colrer of said Tract No. 6l; thence N.B9o54'43"E. along the Northerly
line of said Tract No. 6.l, 332.27 feet to a point in the center of
said drainage; thence S.06009'37"hI. 501.34 feet along said drainage,
rore or'less; thence S.55o4l'04"W. 300.00 feet to a point on the
Easterly Tine of a 30 foot utility and road easement; thence S.00o03'32"E.
along said easement Iine 20.00 feet to a point on said right-of-way Iine;
thence S.89053'30',U. a'long said right-of-way 1ine,30.00 feet to a
point on the North-South Centerline of said Section 33, the TRUE POINI
OF BEGINNING.
The above described Parcel No. 2 contains 4.10 acres, more or less.
Tract C: A parcel of land situated in the St,l%Sl,|kSEk of Section 33,
Township 5 South, Range 92 West of the Sixth Principal Meridian,
Garfield County, Colorado, being the same as Tract No..6'l as shown on
the Antlers Orchard Development Company's P'lat No. I, recorded JuIy 23,.1909
as Document No. 37488 of the Garfield County, Colorado records lying
Easterly of the center'line of small drainage basin, said Parcel llo. 3
i s nrcre f uI ly descri bed as fo1 I ows :
Beginning at an iron pipe with a brass cap properly marked for the
South Quarter Corner of said Section 33, also being the Southwest corner
of said Tract No. 6'l , located in County Road No. 233; thence N.00o03'32"W.
along the North-South Centerline of said Section 33, being the Westerly
line of said Tract No. 6.l, 7I7.I2 feet to the Northwest corner of said
Tract No. 6I; thence N.B9o54'43"E. along the Northerly Iine of said
Tract No. 6.|, 332.27 feet to a point in the center 0f said drainage,
the TRUE P0INT 0F BEGINNING; thence N.89054'43"E. along the Northerly
line of said Tract No. 6.I, 332.27 feet to the Northest Corner of said
Tract No. 6l; thence S.00009'37"E. aiong the Easterly Iine of said
Tract No. 61, 250.00 feet; thence S.SZol3'52"W. 45g.g7 feet to a point
in the center of said drainage; thence N.06009'37"E. along said drain-
age, 501.34 feet to a point on the Northerly line of said Tract No. 61,
the TRUE POINT 0F BEGINNING.
The above described Parcel No. 3 contains 3.0I acres, rpre or less.
WHEREAS, the Petitioners have demonstrated to the satisfaction of the Board
of County Conrmissioners of Garfield County, Colorado, that the proposed division
does not fall 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 large enough to proceed through full subdivision review; and,
WHEREAS, the Petitioners have demonstrated to the satisfaction of the
Board of County Conrnissioners 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 wflI be permitted by the Colorado Department of HeaIth, 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 "subdivisionl' and "subdivided 'land"
as set forth in C.R.S. 1973,30-28-lOl (10) (a)-(d), as amended;
N0l^l, THEREFORE, upon the rntion of Larry Velasquez seconded
by R.C. Jolley and carried, the division of the above described
tracts "A", "8", and "C" from the above described 10.49 acre tract is hereby
exempted from such definitions and said tract may be divided into tracts "A",
"B", and "C"o 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 understandlng
and agreement of the Petitioners that no further exemptions be allowed on said
tracts 1'A", "8", and "C", and that a copy of the instrument or instruments of
conveyance when recorded shall be fi'led with this Resolution.
Dated this 2nd day of July , A.D. 1979
THE BOARD OF COUNTY
OF GARFiELD COUNTY,
COMMI SS I ONERS
COLORADO
of ommissioners
Garfi el d County, Colorado