HomeMy WebLinkAbout3.0 Resolution 78-81BET'ORE TM BOARD OF COUNTY COMMISSIONERS OT
a{RFTELD CoUiiTY, C0L0MD0
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IIHEREAS, Ca::ol Richands and Elizabeth Rosgen. have petitioned the Board
cf County Ccmmissioners of Garfietd County, Colorado, fon an exem-otion from
the definition of the terms "subdivision" and "subdivided landrr under
C.R.S. 1973 30-28-101(10)(a)-(d) as amended, and the Subdivision Regulations
of Garfield Cor.rnty, Colorado, adopted September 1, 1972 and amended Ap:'iI 14'
1975, Sections 1.02.17(d) and 3.02.01, fon the division of a 10'18 acre
t:ract of land into two (2) tracts of 7.99 acres (hereinafter tract 'tAr'), and
2.19 acr:es (hereinaften tract "8")., more or 1ess, and said 10'18 acre tract
and said tract t,B,t are more particula::ty described as follows:
A pancel of land situated in the SEtNWk and the 1Jg1-*$'t'11-,n of
section 24, Township 5 South, Range 91 l,/est of the si)*h
Pnincipal Meridian, County of Garfield, State of Colorado'
said parcel of land is described as folJ-ows:
Beginning at the center of said Section 24, as monumented;
thence S .00011 t 17t' F . 5l-8 . 50 feet a:ong the North-Sor:th
centerline of said section 24 ; the;rce N. 80o 36 r 50t' I^J. I98. 60
feeti thence N.78o57'?5't I.l. 343.91 feet to a point in a ditch
as constructed and in plaee; thence along said ditch
N,3l.o32 r4O'? E . 62.50 feet: thence I.l,02"10 r16" !1. 88.17 feet;
thence lI .21o37!r,-.ril r.!. eg.2?- fr:si.; thence N.04c42'0i.'l W. il_f .56
feet; ttreni. lt.ooosrioii ,. 54.50 feet; thence N.160111 36"
W.149.51 feet; thence N.04o37t32" E. 25.77 feet, more or Iess
to a point on the East-West Centerline of said Section 24;
thence S.Bgo14'12" W. 174.24 feet along said cerlterline;
thence (lt.+Sooo'Oo" E. ,85.81 feet; thence S.22005 '33'r E- 260'40
feet to a point in the center of East E1k Cr:eek;) thence
N.61o33rOO" E. along the center: of said creek, 98.85 feet to a
point on the Westerly::ight-of-way line of County Road I'lo. 241;
thence 95.97 feet along the arc of a curve to the right,
having a nadius of 147.10 feet, the chord of which bears:
S.42o02t12" W. 94.26 feetl thence 187.52 feet along the arc
of a cunve to the left, having a radius of 232.32 feet, the
cho:rd of which bears; S.37030r55" li. L82.37 feet; thence 14I.33
feet along the ar:c of a cr.lnve to the left,^having a radius of
63g.1I feet the chord of which bears; S.O8oOSr47: W. 141.04
feet, more ou less to a point on the East-West Centerline cf
said section 24; thence tt.89cI+tl.2tt E. along said centerline,
209.40 feet, more on less to the center of said Section 24,
the point of beginning, containing 11.00 acres, fi)ore or less.
Exeepting therefrom a strip of land 60 feet in width situated
in tie Nikswk of Section 2+, being Coun'cy Foad No' 2tt1, said
road described as follows, being 30 feet in width on each side
of the following descr:ibeC centerline:
Beginning at a point in the eenter of said county road said
point being in the East-West Centerline of said Section 24
when.e the center of said Section 24 as monumented bears;
N.8go14r12" E. 209.40 feet; thence along the centerline of
said county Road No. 2+I, 1.29 feet along the arc of a curve
to the lefi, having a radius of 603.1I feet, the chord of which
bears; S.Oto+O'3O'r W. 1.29 feet; thence 99.Bl feet along the
a:rc of a cunve to the left, having a radius of 662.87 feet'
the chond of whicir bears: S.02036r45rr E. 99.'12 feet; thence
S.06055r34r' E. 123.26 feet; thence 146.15 feet along the arc
of a curve to the right, having a radius of 263.94 feet, the
chor,<i of which bears: S.06"56'13'r W. i44.29 feet; thence
S.24o4BrOO" W. 1.51.37 feet;'thence 69.92 feet along the anc of
a cunve to the left, having a radius of 376.71 feet, the chord
ofwhich beans: s.19o29r01'r E. 69.81- feet to a point on the
Southenly line of the above described parcel of Iand, leaving
a total of 10.18 acres, tnore or less.
TRACT IIB'I
Fr.om the I'ditchrr head gate as shown in the IIEP on file in the
County Planning Office.
North 55.50 feet thence North 45o0or00" East 570.81 feet,
thence South 22o5t 33rrEast 250.40 feet to a point in the Center
of EIk Creek Running the center of Ell< Creek back to the Head
C,ate.
Encorrpassing at least 971500 squalle feet or 2.19 acresr more or
Iess.
WHEREAS, the Petitioner:s have demonstrated to the satisfaetion of the
Boand 6f County Commissioners of Garfietd Cor:nty, Colorado, that they desire
said exemption for the purpose of constructing a single-family nesidence on
tract ftBtt; and , .
WHEREAS, the Petitionens have dernonst::ated to the satisfaction of the
Board of County Commissioners of Garfield County, Colonado, that there is
adeguate ingress an<1 egress to said tracts, that the location oi septic tanks
will be permitted by the Colorado Depantment of Health, that the nequested
division is in accordance with the general purposes and intent of the
Subdivision Regulations of the State of Colonado and the County of Garfield,
and should, thenefone, be exempted from the definition of the te::ms
rrsubdivision" and I'subdivided land" as set forth in C. R. S. 1973
30-28-101(10)(a)-(d) as amended l and,
NOW, THEREFORE, upon the motion of Richa:rd c. Jolley, seconded by
Flaven J. Cenise, and ca::ried, said 10.18 acre tract of land is hereby
exempted from such definitj.ons and said tnact IIBy be divided into two (2)
tnacts of 7.99 and 2.19 acnes, more or'Iess, all as is nrcne fulIy descnibeo
above, and, said divided tract may be conveyed in the form of such smalIe::
tracts without firrther compliance with the afonesaid sr-rbdivision statutes
and negulations; prrcvided, however, that said exenption is conditioned on'
the Petitionens obtaining a proper legaI descnipticn of said tracts tfArr and
rBrr pnion to any conveyance thereof. FurEher, this exemption is granted
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l@nd with the express undenstanding and agreement of the Petitioners that no
furthen exemptions be allowed on said tracts rrArt and, rrBrr. A copy of the
instnument on instruments of conveyance when necorded sha1l be filed with the
Resolution.
Dated this 21st
.-/
. i:"
day of August, A.D.' :1978.
THE BOARD OF COUNTY COMMISSIONERS
GARPIELD COUNTY, COLOMDO
OF
Attest:
Attest:
of the
ss].onens o
County, Colorado
AMENDED THIS 2Lst DAY 0F MARCH, A.D. , L979 .
THE BOARD OF COUNTY
OF GARFIELD COUNTY,
COMMISSIONERS
COLORADO
Chainma:
uty
Codnty
Garfield