HomeMy WebLinkAbout2.0 Resolution 81-177STATE OF COLORADO
County of Garfield f"
At a......f,.g-g1i.I.;1.f ............. ...meeting of the Board of County Commissioners for Garfietd County, Colorado,
.......rIun'e.... .'.....A. D. I9...'..'8'l' , there were Pres€nt:
.......J..arry....Y9.Ias.9u.e.4................ , commissioner chairman
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......Arfi h.u.r....4"....4h.p.].en9.1p.,'-'J'8 """"", countv Attornev
........g.hg.ry.I....ilr.....K.9'9'p.r.'...-D..g.P.*Iy............. , clerk of the Board
utran the followlng proceedings, among others were had and done, to+rit:
RESOLUTTON NO. 81-177
RESOLUTION CONCERNED WIllI GRANTING AI{ E]GMPTION TRO}4 fiIE GARFIELD COUNIY STIBDI\ISION
BEGITI.ATIONS FOR ORA W. MC\IEY.
I,IEEREAS, Ora W. I{cVey has petltioned the Board of County Comlssioners of Garfield
County, Coforaao,lfot "r, ex.*ptflr, from the definitlol 9f-!1" terms ltsubdlvision[ aod
,,subdlvision 1and" under C.R.S. 1973, 30-28-1Ol (10) (a)-(d)' as ameoded, and the Sub-
division Regul-ations of Garfield County, Colorado, adopted January 2, L979, S,ectioas
2.OZ.Z! (d) and 3.02.01 for rhe divisiln of a79.42 acre tract descrlbed as follows:
That parcel of land as descrlbed in Document No. 265290
rhe clerk and Beeorder of Garfield county, colorado irito
as filed in the 0fflce of
3 traets of aPProxloatel-Y
4r 2, and asmainlng 73.42 acres each, Itrore or less, wtrlch
are uK,re'particularly described as foLlows:
proposed. divided tract (s)
Trict A: A Parcel of
Range 88 West of'the
described as follows:
Beginning at a polnt on the southefly rlght-of-uay of Gounty Road No' 113' whence
the l^lest one-quarrer correr of said """tioo 12 bears North 06"56t23tt tr{est; 460'44
feet, ttrenee l.Ioxth 74"52'53" East. 2L2.08 feet on the southerly right-of-waY cf,
sald county Road No. 113, thence south 0o"oor00" East. 910.31 feet, thence south
76"59119,, West. ZZg.93 feet, thence North 01"13t07t' East. 906.97 feet to the place
of beginnlng. Sald parcel contains 4.460 acresr more of l-ess''
Tract B: A parcel of land located ln
88 West of the 6th Principal }Erldian.
land located ln Lots 6 and 7, of section 12, Tor.mship 7 south'
6th Principal l@rtdian. Said parcel being more sPeciflcally
Lot 5 of Sectioa' 12, Townshlp 7 South, Range
Sald parcel being nrore sPeeifically des-
cribed ae folLotss:
Beginaing at the West one-quarter corner of said Section 12, thenee North 89"23t15"
East. 260.38 feet along the East-West centerllne of section 12, th:nle S::Ih..
00"00'00" East. 363.10 feet to the north right-of-way of County Road No. 113, thence
io,rtr, 74"s2,53', w;;;:' itt 16 feet on rhe north right-of-""I 9!- said county Road No'
113, thence ttorth 01"13107r'Easr. 18.73 feet, thence south 74"52r53tr I'Iest.- 59'57 feet'
atu.i". North 00o03'07" west. 411.94 feet along the west'erly line of said section
ii-1"-.ii"-;i";; ot ueginning. said parcel conialns 2.346 acres, mote or less.
Tract C: The reuaining 73.42 acres
I^IEEREAS 'the Petitloner has demonstrated to the satisfactlon of the Board of County
";;.;;i;i;-;;;"ty,
-olorado, that the proposed divislon does not fall within
Sornrni ggfqngag
the purPoses "f-p.rr f, Artfcil'iA, 11tl" iO, CoLoradt Re\rised Statutes 1973, as amended,
for the reason that the lmpact created does not Lrarrant further subdiviston revlew, ad
!mEREA.S; the petLtioner has demonstrated to the satisfaction of the Board of County
courr""io;;;'.f--c"iri.ia corrray, cororado, that there is a reasonabre probabillty of loc-
atlng domestic water on each of said tracts, that there is adequate ingress and egress to
said, tracts, that the Location of septlc tanks r,rtl-l be pernitted by the Colofado Department
of HeaLth, that the requested divlsion is not part of an existing or larger developuent and
does not fal1 wichin the genera} purposes and intent of the subdivislon regulations of the
State of Co]-orado and the County of LarfleLd, and should, therefore, be exeupted from the
i"riiiai." or it" rerms "subdivislon" and "subdivideid land" as set forth in c'R's' 1973,
3O-28-f01 (10) (a)-(d), as amended;
NCI,i, I'IIEREFORE BE IT RESoLVED, rhar the divislon of rhe above described tracts rrA",t'Btt, and ttC" from the above described 79.42 acre tract ts hereby exempted from such def-Lnitions and said tract may be divlded lnto tracts t'Att, ttBtt, and ttC,t, a1-1 as is morefuL1y descrlbed above, and said divided tract may be conveyed ln the form of such smallertracts wi.thout further compl-iance with the aforesaid subdlvlslon statutes and regulations;provided, however' that this exemption ls granted on the condition and with the e:<presstnderstanding and agreement of the Petitioner(s) that no furthir exemptions be allowed onsaid tract(s) 'rAtr, rrBrr, ard ttCtt, and that a copy of the instrument or instrtrments of con-veyance when recorded shall be filed \,rith thls Resolutlon.
BOARD OF COI]NTY COMMISSIONERS
GARFIELD COITNIY, COLORADO
ATTEST:
Upon notion duly madc and secorrded the foregoing Resolution was adopted by the foltowing votelLa
Commlssioners
STATE OF COTORADO
County of Garlield l"
l, -...-.-........ ....., County Oerk and ex.officio Oerk of the Board of County Commlssironers
tn and for thc County and State aforesa:d dc hereby certify that the annexed and foregoing order ls truly copied from the Recordt of
tho Proceedlng of the Board of County Commissioners for said Garfi,eld County, now in my office.
IN WITI{ESS WHEREOF, t have hercunto s€t my hand and aflixcd tha seal of caid County, at Glearvood Spriag,
County Clerk and cxofficio Clerk of th. Board of County Commlrsioncrr.
Deputy Clerk
GarfieLd Countyr. CoLorado