HomeMy WebLinkAbout2.0 Resolution 79-59BEFORE THE BOARD OF COUNTY COMMISSIONERS OF
GARFIELD COUNTY, COLORADO
RESOLUTION NO. 79-59
WHEREAS, John G. O'Brien 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 a division of a
32.0 acre tract described as follows: A parcel of land situated in Lots 2, 3
the SE4NW49 NE4SW4 and the SE4SW4 of Section 14, Township 7 South, Range 88
West of the Sixth Principal Meridian lying southwesterly of the southwesterly
right-of-way line of a county road as constructed and in place, said parcel
of land is described as follows:
Beginning at the West Quarter Corner of said Section 14 being a rock found in
place and properly marked, thence S. 70°15'47" E. 1825.31 feet to the True
Point of Beginning; thence N. 00°03'30" W. 1153.46 feet to a point on the
easterly right--of-way line of a 30 foot road easement; thence 162.44 feet along
said 30 foot right-or-wav on the arc of a curve to the left, having a radius
of 436.11 feet and a chord which bears S. 10°43'45" E. 161.51 feet; thence
S. 21°24'00" E. 128.13 feet along said 30 foot right-of-way; thence N. 39°09'00"
E. 300.00 feet; thence N. 17056'22" E. 361.84 feet to a point on the south-
westerly right-of-way line of said county road; thence S. 48°07'03" E. 678.42
feet along the southwesterly right-of-way line of said county road; thence
leaving said county road right-ofi9way S. 00°03'30" E. 884.54 feet; thence
S. 11°54'32" E. 946.39 feet; thence N. 53°02'11" W. 1348.89 feet to the True
Point of Beginning. The above described parcel of land contains 32.00 acres
more or less, into 3 tracts of approximately 16.0, 5.0, and 11.0 acres each,
more or less, which proposed divided tracts are more particularly described
as follows:
Tract A: A parcel of land situated in the SE4NW4 and NE4SWof
Section 14, Township 7 South, Range 88 West of the Sixth Principal
Meridian, Garfield County, Colorado, lying southerly of the southerly
line of a County Road as constructed and in place, and northerly of
the centerline of a 30 foot road easement as constructed and in
place. Said parcel of land is described as follows:
Beginning at the West Quarter Corner of said Section 14, thence
S. 88°58'16" E. 1973.73 feet and N. 89°56'30" E. 106.81 feet to
a point on the centerline of said road easement, the True Point
of Beginning; thence 125.43 feet along the centerline of said road
easement on the arc of a curve to the left, having a radius of
343.88 feet and a chord of which bears N. 43°37'48'° W. 124.73 feet;
thence N. 54°04'44" W.
126.46 feet along said
right, having a radius
N. 37°44'22" W. 124.75
thence N. 39°09'00" E.
feet to a point on the
S. 48°07'03" E. 678.42
County Road; thence S.
170.46 feet along said centerline; thence
centerline on the arc of a curve to the
of 221.72 feet, and a chord of which bears
feet; thence N. 68°36'00" E. 15.00 feet;
300.00 feet; thence N. 17°56'22" E. 361.84
southerly line of said County Road; thence
feet along the southerly line of said
00°03'30" E. 417.85 feet; thence S. 89°56'30"
W. 519.88 feet to the True Point of Beginning.
The above described parcel of land contains 10.16 acres more or less.
Tract B: A parcel of land situated in the SE4NW4 and the NE4SW4
of Section 14, Township 7 South, Range 88 West of the Sixth Principal
Meridian, Garfield County, Colorado, lying easterly of the westerly
line of said SE4NW4 and NE4SW4 and southerly in part of the centerline
of a 30 foot road easement, said parcel of land is described as follows:
Beginning at the West Quarter Corner of said Section 14 thence
S. 88°58'16" E. 1973.73 feet to the True Point of Beginning; thence
S. 00°03'30" E. 160.00 feet; thence N. 89°56'30" E. 160.00 feet;
thence S. 00°03'30" E. 306.69 feet; thence N. 89°56'30'° E. 466.69
feet; thence S. 11°54'32" E. 946.39 feet thence N. 53°02'11" W. 1348.89
feet to a point on the westerly line of said SE4NW4 and NE4SW4 of said
Section 14; thence along said line N. 00°03'30" W. 1038.10 feet to a
point in the center of said road easement; thence 51.36 feet along
the arc of a curve to the left, having a radius of 451.11 feet and a
chord of which bears S. 18°08'17" E. 51.33 feet; thence S. 21°24'00"
E. 128.13 feet along the center of said road easement; thence 126.46
feet along the arc of a curve to the left, having a radius of 221.72
feet, and a chord of which bears S. 37°44'22" E. 124.75 feet; thence
S. 54°04'44" E. 170.46 feet along said road easement; thence 125.43
feet along the arc of a curve to the right, having a radius of 343.88
feet and a chord of which bears S. 43037'48" E. 124.73 feet; thence
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leaving said road easement S. 89°56'30" W. 106.81 feet to the True
Point of Beginning.
The above parcel of land contains 16.12 acres more or less.
Tract C: A parcel of land situated in the NE4SW4 of Section 14, Town-
ship 7 South, Range 88 West of the Sixth Principal Meridian, said parcel
of land is described as follows:
Beginning at a point whence the West Quarter Corner of said Section 14
bears: N.88°58'16" W. 1973.73 feet; thence N.89°56'30" E. 626.69
feet; thence S.00°03'30" E. 466.69 feet; thence S.89°56'30" W. 466.69
feet; thence N.00°03'30" W. 303.69 feet; thence S.89°56'30" W. 160.00
feet; thence N.00°03'30" W. 160.00 feet, to the point of beginning,
containing 5.59 acres, more or less, in the State of Colorado and
County of Garfield; and
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 for 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 probabili:,y of locating domestic water on each of said tracts, that
there is adequate ingress and egress to said tracts, t:at 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 regula-
tions 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 R.C. Jolley , seconded
by Larry Velasquez , and carried, the division of the above
described tracts "A", "B", and "C" from the above described 32.0 acre tract
is hereby exempted from such definitions and said tract may be divided into
tracts "A", "B", and "C", 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
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the express understanding and agreement of the Petitioner that no further
exemptions be allowed on said tracts "A", "B", and "C", and that a copy of
the instrument or instruments of conveyance when recorded shall be filed
with this Resolution.
Dated this llthday of June
ATTEST: �I / ae
Deputy Clerk., of the Board
of County Commissioners
Garfield County, Colorado
, A.D. 1979.
THE BOARD OF COUNTY COMMISSIONERS
OF GARFIELD COUNTY, COLORADO