HomeMy WebLinkAbout2.0 Resolution 79-39BEFORE THE BOARD OF COUNTY COMMISSiONERS OF
GARFIELD COUNTY, COLORADO
RES0LUTI0N N0. ?4-34
WHEREAS, David Moore has petitioned the Board of County Conrnissioners
of Garfield County, for an exemption from the definition of the terms
"subdivision" and "subdivided land" under C.R.S. 1973, 30-28-'l0l (10) (a)-(d),
as arended, and the Subdivision Regulations of Garfield County, Colorado,
adopted January 2, 1979, Sections 2.02.21 (d) and 3.02.0.l for the division
of a 7.36 acre tract described as follows: that property as described in
Book 492 and Page 854of the 0ffice of the Clerk and Recorder into 3 tracts
of approximately 2.0 acres each, more or less, which proposed divided tracts
arE more particularly described as follows
Tract A: A tract of land situate in the NE t/4 of the NE 1/4
of Section l0,.Township 6 South, Range 92 West of the 6th Prin-
cipal Meridian, being Inore particularly described as follows:
Beginning at the intersection of the west line of said NE l/4
of the NE I/4 of Section l0 and the southerly right-of-way line
of U.S. Highway No. 6 & 24, whence the northwest corner sf said
NE l/4 of the NE I/4 of Section l0 bears North 665.13 feet; also
whence the survey monument at the intersection of the center lines
of Ninth Street and Grand Avenue in the Town of Silt, Colorado,.
bears N 630 50'39" l{ I5I0.77 feet; w'ith a'll bearings contained
herein being relative to a bearing of East on said Grand Avenue
center line; thence S 890 41' '15" E 400.15 feet along said southerly
right-of-way line of U.S. Highway No. 6 8;24 to a fence line;
t{rence S 02o 07' 10" E 227,55 feet alono said fence; thence N 87o
24'15'ul 408.97 feet to a point on said west line of the NE l/4
of the NE l/4 of Section I0; thence North 211.06 feet a'long said
west line of the NE 1 4 ot the NE 1/4 of Section'10 to the point
of beginning, containing 2.034 acres more or less.
Together with an easernnt for ingress, egress and util,ity purpqses
situate in the NE l/4 of the NE 1/4 of Section 10, Township 6 South,
Range 92 ttest of the 6th Principal Meridian being more particularly .
described as follows:
Beginning at a point on the northerly right-of-way Iine of the
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.i.
Denver and Rio Grande Western Railroad whence the norrthwest
corner of said NE l/4 of the NE l/4 bears N 2Oo 22' 57"
[.I 1197.23 feet also whence the survey monument at the inter-
section of the center lines of Ninth Street and Crana Avenue
in the Town of Silt, Colorado bears N 57o 38' 54'i l.l 2og8.Bz
feet with all bearings contained herein being relative to a
bearing of East on the center'line of said Grand Avenue; thence
S 85o 12' 00" E 297.08 feet along said northerly right-of-way
Iine to the west right-of-way'line of a county road described
in Rec. No. 34112 of the records of the Clerk and Recorder of
Garfield.County, Colorado; thence North 50.18 feet along said
west right-of-way line; thence N 85o 12'00" l^I 298.95 feet;
.thence N 02o 07' .I0" W 177.34 feet; thence N 87o 24' 15" t.l.
30.10 feet; thence S 02o 07' 10" E 226.54 feet to said northerly
right-of-way line of the Denver and Rio Grande tJestern Railroad;
thence S 85o 12' 00" E 30.22 feet along said northerly right-of-
way Iine to the point of beginning.
Tract B: A tract of land situate in the NE l/4 of the NE l/4
of Section 10, Township 6 South, Range 92 tlest of the 6th Prin-
cipal Meridian, being more particularly desiribed as follows:
Beginning at a point on the west line of said NE l/4 of the
NE I/4 of Section 10, whence the northwest corner of said NE I/4
of the NE I/4 of Section l0 bears North 876.19 feet; also
whence the survey monument at the intersection of the center
lines of Ninth Street and Grand Avenue in the Town of Silt,
Colorado, bears N 57o 06' 27" ll 1614.96 feet; with all bearings
contained herein being relative to a bearing of East on said
Grand Avenue center line; thence S 87o 24' 15" E 408.97 feet
to a fence line; thence S 020 07' I0" E 227.71 feet along said
fence line to a point on the northerly right-of-wa.y line of the
Denver and Rio Grande Western Railroad; thence N 850 12' 00"
1r 418.44 feet a'long said northerly right-of-way line of the Denver
and Rio Grande Western Railroad to said west line of the NE l/4
of the NE I/4 of Section I0; thence North 211.07 feet along said
west line of the NE 1/4 of the NE l/4 of Section I0 to the point
of beginning, containing 2.075 acres more or less.
Subject to a utility easement being-10 feet in width, and lying
easterly of, adjacent to and para'l1ei to the west boundary of the
above described tract of land, a'lso being l0 feet in width and
lying northerly of , adjacent to and para'l1e'l to the south boundary
of the above described tract of land:
Also subject to an easement for ingress, egress and utility
purposes being 30 feet in width and lying westerly of, adjacent to
and parallel to the east boundary of the above described tract of
land.
Tract C: A tract of land situate in the NE l/4 of the
Section 10, Township 6 South, Range 92 tlest of the 6th
Meridian, being more particular'ly described as fo1lows:
Beginning at a point on the northerly right-of-way line of the
Denver and Rio Grande Western Railroad whence the northwest
corner of said.NE I /4 of the NE 1/4 of Section l0 bears N 2Oo 22'
57'l.I 1197.23 feet; also whence the survey monument at the inter-
section of the center lines of Ninth Street and Grand Avenue in the
Town of silt, colorado, bears N 57o 38',54" l^l 2098.82 feetl with
alt bearings contained herein being relative to a bearing of East
on said Grand Avenue center line; thence S 85o 12' 00" E 2g7.OB
feet along said northerly right-of-way line of the Denver and
Rio Grande Railroad to a point on the westerly right-of-way line
of a county road as described in Rec. No. 34112 of the records
df the Cler:k and Recorder of Garfield County, Colorado; thence
ilorth 478.11 feet along said westerly right-of-way Iine described
in Rec. No. 34112 to the southerly right-of-way line of U.S. Highway
6 &24; thence N 89o 4l' 15" I,I 312.88 feet along said southerly
right-of-way line of U.S. Highway 6 & 24 to a fence line; thence
S 020 17' I0" E 455.26 feet a'tong said fence line to the point of
beginning, containing 3.258 acres npre or less.
Subiect to an easement for ingress,'egress and utility purposes being
50 feet in width and lying northerly of, adjacent to and parallel to
the south boundary of the above described tract of land in the State
of Colorado and County of Garfield; and
IIHEREAS, the Petitioner has demonstrated to the satisfaction of the
Board of County Conrnissioners of Garfie'ld County, Colorado, that the proposed
NE l/4 of
Princi paI
division does not fall within the purposes of Part'!, Article 28, Title 30,
Colorado Revised Statutes 1973, as amended, for the reason that the impact
is not large enough to proceed through the subdivision procedure; and
I,IHEREAS, the Petitioner has demonstrated to the satisfaction of the
Board,.of County Commissioners of Garfield County, Colorado, that there is a
reasonab'le probability of Iocating 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 not part of an existinq 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 "subdivision" and
"subdivided'land" as set forth in C.R.S. I973,3}-28-l0l (10) (a)-(d), as
arended;
' NOl,l, THEREFQRE, upon the nrotion or l-OrnlVelaS1tv.-seconded by
Qlr.Jiltgr, and carried, the division of the above desffibed
tracts "A", "B", and "C" from the above described 7.36 acre tract is hereby
exempted from such definitions and said tract may be divided into tracts
"A", "8", a.nd "C", all as is npre 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,
hovever, that this exemption is granted on the condition and with the express
understanding and agreenent of the Petitioner that no further exemptions be
alloweid on said tracts "A", "B" and "C", and that a copy of the instrurent
or instrurrents of conveyance when recorded shall be filed with this Reso'lution.
THE BOARD OF COUNTY COMMISSIONERS
OF GARFIELD COUNTY, COLORADO
thted this 30tl,r,day or fual , A.D. 1s7s.
of County
Garfiel d
the Boa
ss ioners
ATTEST:
County, Colorado