HomeMy WebLinkAbout2.0 Resolution 78-71III
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF
GARFIELD COUNTY, COLORADO
RESOLUTION NO. 78 - 7 1
WHEREAS, William R. Slattery and Judith J. Slattery have 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 adjustment of property lines in a 1.65 acre tract to
combine five (5) tracts into four (4) tracts of approximately 0.60, 0.34,
0.48 and 0.23 acres, more or less, and siad 0.60, 0.34, 0.48, and 0.23 acre
parcels are more particularly described as follows:
SEE ATTACHED EXHIBIT "A"
WHEREAS, THE Petitioners have demonstrated to the satisfaction of the
Board of County Commissioners of Garfield County, Colorado that they desire
said exemption for the purpose of realignment of lot lines in a more
efficient and useable configuration, and to enable Mr. Slattery to transfer
parcel D described in Exhibit "A" to Mr. Merle Carver to be used in conjunction
with adjoining property already owned by Mr. Carver, and further more that
transfer of said 0.23 acre parcel will not create a third party ownership, and
WHEREAS, the Petitioners have demonstrated to the satisfaction of the
Board of County Commissioners of Garfield County that there is adequate domestic
water to each of said 0.60, 0.34, 0.48, and 0.23 acre tracts, that there is
adequate ingress and egress to said tracts, that a variance has been obtained to
allow septic systems on said tracts, 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 that said division will actually
restrict the density of development within said area 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 the motion of Dick Jolley, seconded by Flavin
Cerise and carried said 1.65 acre tract of land is hereby exempted from such
definitions and transfer of said tract may be made by realignement and division
into tracts of 0.60, 0.34, 0.48, and 0.23 acres, more or less, all as more
fully described in Exhibit "A". This exemption is granted upon the conditions
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that a zone change from Residential/General/Suburban Density to Commercial/
General is granted, and further that a setback variance is obtained prior to
application for a building permit. A copy of the instrument or instruments
of conveyance when recorded shall be filed with the Resolution.
Dated this 17th day of July, 1978.
Attest: 0
e uty Cl rk the Boar
of Count Commissioners,
Garfield County, Colorado
-2
THE BOARD OF COUNTY COMMISSIONERS
OF GARFIELD COUNTY, COLORADO
By:
Larr V- _squez, rai lia-n -
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EXHIBIT "A"
PARCEL A:
A parcel of land situated in Lot 9 of Section 1, Township 7
South, Range 89 West of the Sixth Principal Meridian, lying
Southwesterly of the Southwesterly right-of-way line of the
Denver and Rio Grande Western Railroad (Aspen Branch) and
Northeasterly of the Northeasterly right-of-way line of a
County Road being old State Highway No. 82, said parcel is
described as follows:
Beginning at a point on the Southwesterly right-of-way line of
said Railroad whence a brass cap found in place and properly
marked for the Northwest corner of said Lot 9 bears: N. 57°36'
00" W., 294.72 feet, and N. 39°19'49" E., 82.43 feet; thence
S. 57°36'00" E., 665.20 feet along the Southwesterly right-of-
way line of said Railroad; thence 188.39 feet along the
Southwesterly right-of-way line of said railroad, on a curve
with an arc to the right, having a radius of 1809.86 feet, and
a chord of which bears S. 54°37'05" E., 188.30 feet; thence S.
00°34'00" E., 54.14 feet to a point on the Northeasterly right-
of-way line of said County Road; thence N. 53°28'51" W., 420.44
feet along the Northeasterly right-of-way line of said County
Road; thence 204.94 feet along the Northeasterly right-of-way
line of said County Road, on a curve with an arc to the left,
having a radius of 1513.90 feet and a chord of which bears N.
57°21'32" W., 204.78 feet; thence N. 61°14'13".W., 256.53 feet
along the Northeasterly right-of-way line of said County Road;
thence N. 28°45'47" E., 40.51 feet to a point on the Southwesterly
right-of-way line of said Railroad, the Point of Beginning.
The above described parcel of, land contains 0.60 acres more or
less.
PARCEL B:
A parcel of land situated in Lot 9 and Lot 10 of Section 1,
Township 7 South, Range 89 West of the Sixth Principal Meridian,
lying Southwesterly of the Southwesterly right-of-way line of the
Denver and Rio Grande Western Railroad, and Northeasterly of the
Northeasterly right-of-way line of a County Road being old State
Highway No. 82, said parcel is described as follows:
Beginning at a point on the Southwesterly right-of-way line of
said Railroad, whence an iron post with a brass cap found in
,place and properly marked for the Northwest corner of said Lot
9 being also the Northeast corner of said Lot 10 bears: N.
39°19'49" E., 82.43 feet; thence S. 57°36'00" E., 294.72 feet
along the Southwesterly right-of-way line of said Railroad; thence
S. 28°45'47" W., 40.51 feet to a point on the Northeasterly
right-of-way line of said County Road; thence N. 61°14'13" W.,
200.00 feet along the Northeasterly right-of-way line of said
County Road to a point on the line common to said Lots 9 and 10;
thence N. 61°49'00" W., 48.91 feet along the Northeasterly right-
of-way line of said County Road; thence N. 60°23'31" W., 46.09
feet along the Northeasterly right-of-way line of said County
Road; thence N. 29°36'29" E., 59.03 feet to a point on the
Southwesterly right-of-way line of said Railroad the Point of
Beginning.
The above described parcel of land contains 0.34 acres more or
less.
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EXHIB1T "A" - page 2
PARCEL C:
A parcel of land situated in Lot 10 and Lot 35 of Section 1,
Township 7 South, Range 89 West of the Sixth Principal Meridian,
County of Garfield, State of Colorado, lying Southwesterly of the
Southwesterly right-of-way line of the Denver and Rio Grande
Western Railroad (Aspen Branch), and Northeasterly of the
Northeasterly right-of-way line of a County Road being old State
Highway No. 82, said parcel of land is described as follows:
Beginning at a point on the Northeasterly right-of-way line of
said County Road whence an iron post with a brass cap found in
place and properly marked for the Southwest corner of said Lot
35 bears: S. 70°05'36" W., 137.12 feet; thence N. 27°53'21" E.,
69.03 feet to a point on the Southwesterly right-of-way line
of said Railroad; thence 217.92 feet along the said Railroad
right-of-way line on an arc of a curve to the right, having
a radius of 2525.14 feet and a chord of which bears: S. 60°05'
42" E., 217.86 feet to a point on the Southerly line of said
Lot 35; thence S. 57'36'00" E., 119.16 feet along the Southwesterly
right-of-way line.of said Railroad; thence S. 29°36'29" W., 59.03
feet to a point on the Northeasterly right-of-way line of said
County Road; thence N. 60°23'31" W., 233.82 feet along the
Northeasterly right-of-way line of said County Road; thence N.
62°06'39" W., 101.03 feet along the Northeasterly right-of-way
line of said County Road; to the Point of Beginning.
The above described parcel of land contains 0.48 acres more or
less.
PARCEL D:
A parcel of land situated in Lot 35 of Section 1, Township 7
South, Range 89 West of the Sixth Principal Meridian, County
of Garfield, State of Colorado, lying Southwesterly of the
Southwesterly right-of-way line of the Denver and Rio Grande
Western Railroad (Aspen Branch), Northeasterly of the Northeasterly
right-of-way line of a County Road being old State Highway No.
82, and Easterly of the Westerly line of said Lot 35, said parcel
of land is described as follows:
Beginning at a point on the Northeasterly right-of-way line of
said County Road, said point being on the Westerly line of said
Lot 35 whence an iron post with a brass cap found in place and
properly marked for the Southwest corner of said Lot 35 bears:
S. 01°31'00" E., 114.30 feet; thence N. 01°31'00" W., 72.24 feet
along the Westerly line of said Lot 35 to a point on the South-
westerly right-of-way line of said railroad; thence 183.93 feet
along the arc of a curve to the right, having a radius of 2525.14
feet, the chord of which bears; S. 58°23'38" E., 183.89 feet;
thence S. 27°53'21" W., 69.03 feet to a point on the Northeasterly
right-of-way line of said County Road; thence N. 62°06'39" W.,
93.57 feet along the Northeasterly right-of-way line of said
County Road; thence N. 64°12'15" W., 54.70 feet along the
Northeasterly right-of-way line of said County Road to a point
on the West line of said Lot 35, the Point of Beginning.