HomeMy WebLinkAbout2.0 Resolution 80-51STATE OF COLORADO
County of Garfield l"
RESOLUTION NO. 80.5I
RESOLUTION CONCERNED I^IITH GRANTING AN EXEMPTION FROM THE GARFIELD COUNTY
SUBDIVISION REGULATIONS FOR IMO R. MCDONALD
WHEREAS, Inp R. McDonald has petitioned the Board of County Comnrissioners
of Garfield County, Colorado, for an exemption from the definition of the terms
"subdivision" and "subdivided land" under C.R.S. 1973, 30-28-I0I (10) (a)-(d),
as amended, and the Subdivision Regulations of Garfield County, Colorado )
adopted January ?, 1979, Sections 2.02.21 (d) and 3.02.01 for the division of
a 24.54 acre tract described as follows: that parcel of land as described in
Docunrent No. 278039 as filed in the Office of the Clerk and Recorder of Gar-field County, Colorado into 2 tracts of approximately 24.0..and 0.54 acres each,
more or lessn which proposed d'ivided tract is more particularly described as
fol 1 ows :
Tract A: A tract of Iand situate, lying and beihg located in the
StSEk of Section 34, Township 5 South, Range 89 West of the Sixth
Principal Meridian, Garfield County, Colorado, being mlre parti-
cularly described as follows i
Beginning at a point on the south line of Section 34, Township
5 South, Range 89 [{est of the Sixth Principal Meridian from which
the southeast corner of said Section 34 bears N.89o50'00" E. a
distance of 1374.48 ft., said point being corner No. 4 as describedin Book 495 at Page 698 of the Garfield County records.
Thence N.89o50'00" E. along the south line of said Section 34 a
distance of-205.94 ft.
Thence N.02o25'02" E. a distance of 83.56 ft.
Thence N.71016'09" lI,,. a distance of 37.57 ft.
Thence N.63055'14" l'I. a distance of 124.68 ft.
Thence N.42o52'13" hl. a distance of 9l.47 ft. to a point on the
easterly line of the l,lestern HilIs Subdivision.
Thence 3.OOoOS'00" E. along the easterly Iine of said l,lestern Hills
Subdivision a distance of 2.l8.00 ft. to the point of beginning,
containing 0.65 acres more or less, in the State of Colorado and
County of Garfield; and
WHEREAS, the Petitioner has demonstrated to the satisfaction of the Boardof County Commissioners 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 anended, for the reason that the impact created is not
Iarge enough to proceed through the full subdivision review; and
},HEREAS, the Petitioner has demonstrated to the satisfaction of t}e Boardof County Commissioners of Garfield County, Colorado, that there is a reasonable
probability of locating donrestic 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 Departnent 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 regulations of the State of Colorado and
the County of Garfield, and should, therefore, be exempted from the definition of
the ter;:s "subdivisicn" and "subdivided lanC" as set forth in C.R.S. I973,
30-28-101 (.l0) (a)-(a), as anended;
N0t,, THEREFORE, BE IT RES0LVED that the division of the above describedtract "A" from the above described 24.54 acre tract is hereby exempted from
such definitions and said tract may be divided into tract rrArr, al'l as is morefully 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 qranted on
the condition and with the express understanding and agreement of the Petitioner
that no further exemptions be allowed on said tract "A", and that a copy of the
instrunent or instruments of conveyance when recorded shall be filed with this
ResoI ution.
THE BOARD OF COUNTY COIVIIqISSIONERS
OF GARFIELD COUNTY, COLORADO
Garfiel d County, Colorado
a
ssl oners
upoa notioo duly made -ftfA:i$;t t:
Coun&donan
I)s
I
......, County Clerk and ex-officio Clerk of thc Board of County Commirsioners
ln and for th? County and State aforesaid do hereby ceriify that tbe araexed and foregring Older ts truly copied from thc Reordr of
thc Proceedings of the Board of County Commission€rs for said Garficld County, now in my office.
IN WIII.IESS UIHEREOF, I havc hereunto rst my hand and affixed the scal of said County, et Glcnuood SEir{$
, A. D. 19...-.........
County Clerk-and cx-officio Clerk of tht Board of County Conmkdoncrr.
Resolution was adopted by the following vote:
STAI'E OF COLORADO
@uty of Garfield
&1s.................... day ol