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HomeMy WebLinkAbout2.0 Resolution 78-4• • RES 0 L U T I ON 7t3 WHEREAS, CHARLES W. BAKER, has petitioned the Board of County Commissioners of Garfield County, Colorado, for an exemption under C. R. S. (1973) Section 30-28-101 (10) (a) - (d) as amended, and the Subdivision Regulations of Garfield County, Colorado, adopted September 1, 1972 and amended April 14, 1975, Sections 1.02.17 (d) and 3.02.01, for the division of a 52 acre tract of land into three parcels of approximately 15, 15, and 22 acres, more or less, and said 52 acre tract is more particularly described as follows: A parcel of land situated in the S1/2SW4 of Section 23, and in the N1/2NW4 of Section 26, all in Township 7 South, Range 92 West of the Sixth Principal Meridian, County of Garfield, State of Colorado, lying Southerly of a County Road right-of-way fence as constructed and in place and Easterly of the Westerly line of said Sections 23 and 26, said parcel of land is described as follows: Beginning at a point whence a rock corner found in place and properly marked for the Southwest Corner of said Section 26 bears: S. 09° 47' 12" W. 5304.86 feet; thence S. 300 08' 19" W. 1441.67 feet to a point in a fence as constructed and in place; thence S. 89° 08' 22" W. along said fence, 176.41 feet to a point on the Westerly line of said Section 26; thence N. 000 01' 17" E. along the Westerly line of said Section 26, 1324.57 feet to the Section Corner common to Sections 22, 23, 26, and 27; thence N. 000 13' 43" E. along the Westerly line of said Section 23, 1312.03 feet to a point on the Southerly right-of-way fence of said County Road; thence S. 89° 03' 02" E. 1428.19 feet along said right-of-way fence; thence S. 21° 22' 07" W. 1464.15 feet, more or less to the point of beginning. Together with three shares of the Porter Ditch and all of first parties' interest in the Bell Depler Ditch and the water rights connected therewith. WHEREAS, the Petitioner has demonstrated to the satisfaction of the Board of County Commissioners of Garfield County, Colorado, that he desires said exemption for the purpose of re -sale into single-family residential acreage; and, WHEREAS, the Petitioner has demonstrated to the satisfaction of the Board of County Commissioners 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 in accordance with 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 "subdivision" and "subdivided land" as set forth in C. R. S. (1973) Section 30-28-101 (10) (a) - (d) as amended; NOW THEREFORE, upon motion of IIec seconded by PL -1.)e4 Le.'i,e., and carried, said 52 acre tract of land is hereby exempted from such definition and transfer of said tract may be made by division into three tracts of 15, 15, and 22 acres, more or less, all as is more fully described above and further, that said exemption is conditioned upon the Petitioner obtaining a proper legal description of said tracts prior to any conveyance thereof. A copy of the instrument(s) of conveyance when recorded shall be filed with this Resolution. Dated this day of January, A. D. 1978. Attest: 1, t ` Ltd_7 Dep ty Clgrk`of the BO rd of County Commissioners Garfield County, Colorado 2 THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO (EY- ayry(VeTasquez, as -r -ma