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HomeMy WebLinkAbout2.0 Resolution 78-111DEC 1 3 1973 Recorded �f,._L? ~ .,,o'clock . M Re i. 290724 724 Re3order BEFORE -THE BOARDOF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO RESOLUTION NO. 78:-1/1 BOoX 520 CAGE2O3 WHEREAS, Craig and Peronelle Robbins have petitioned the Board of County Commissioners of Garfield County, Colorado, for an exemption from the definition of the terms "subdivision" and "subdivided land" under C.R.S. 1973, 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 41.71 acre tract into one tract of approximately 35 acres (hereinafter tract "A") and three (3) tracts of approximately two (2) acres each (hereinafter tracts "B", "C" and "D"), more or less, and said 41.71 acre tract is more particularly described as follows: A parcel of land being all of Lot 1 and a part of Lot 8 of Section 34, and a portion of Lots 3 and 4 of Section 35, all in Township 7 South, Range 88 West of the Sixth Principal Meridian, said parcel of land being more particularly described as follows: Beginning at the Section Corner common to Sections 26, 27, 34 and 35 in said township and range; thence S. 89020'43 E. 684.18 feet along the Northerly line of said Section 35; thence South 1300.48 feet; thence West 1337.67 feet to a point on the Westerly line of said Lot 8; thence N. 00°49'00" E. along the Westerly lines of said Lots 1 and 8, 1319.00 feet to the Northwest Corner of said Lot 1, said corner being on the Northerly line of said Section 34;.thence S. 89°02'47" E. along the Northerly line of said Section 34, 634.32 feet to the Northeast Corner of said Section 34, the point of beginning, containing 39.91 acres, more or less. A parcel of land situated in Lots 13 and 14 in Section 27, in Lots 1 and 2 of Section 34, also in Lot 3 of Section 35, Township 7 South, Range 88 West of the Sixth Principal Meridian, County of Garfield, State of Colorado, said parcel of land is described as follows: Beginning at a point whence the Witness Point to the South Quarter Corner of said Section 35 bears: S.35°54'44" E. 5820.57 feet; thence N.02°21'00" E. 289.00 feet to a point in the Roaring Fork River; thence S.50°31100" E. 280.06 feet to a point in said river; thence S.71°16'00" E. 516.36 feet to a point in said river; thence N. 85°36'00" W. 719.13 feet, more or less to the point of beginning. The above described parcel of land contains 1.80 acres, more or less. 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 resale of said tracts"B", "C", and "D" into single-family residential acreage, and; 4 WHEREAS, the Petitioners have demonstrated to the satisfaction of BOOK 520 rAGE2O4 the Board of County Commissioners of Garfield Coun-ty, Colorado, that there is 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, 30-28-101 (10) (a) -(d) as amended; NOW, THEREFORE, upon the motion of Richard C. Jolley, seconded by Flaven J. Cerise, and carried, said 41.71 acre tract of land is hereby exempted from such definitions and said tract may be divided into one tract of 35 acres and three (3) tracts of 2 acres each, more or less, all as is more fully describedabove, 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, however, that said exemption is conditioned on the Petitioners obtaining a proper legal description of said tracts "B", "C" and "D" prior to any conveyance thereof. Further, this exemption is granted on the condition and with the express understanding and agreement of the Petitioners that no further exemptions be allowed on said tract "A", and that approved fill and flood -proofing procedures be observed on tracts "B", "C" and "D". A copy of the instrument or instruments of conveyance when recorded shall be filed with this Resolution. Dated this 30th day of October, A.D., 1978. Attest: Deputy C rk"of the Bo of Count Commissioners Garfield County, Colorado THE BOARD OF COUNTY COMMISSIONERS' OF GARFIELD COUNTY, COLORADO By:0`;;, Larry Velasgit�s,� ai