HomeMy WebLinkAbout2.0 Resolution 78-110Recorder! at DEC 2 7 197$
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Reception No. -GL:--. Ella Stepbene. Reoorder
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF
GARFIELD COUNTY, COLORADO
RESOLUTION NO. 78 - //O
Bu;K fatE886
WHEREAS, J. David and Cammille Smith 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 Sub-
division 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 5.41 acre tract into two (2) tracts of approximately
3.41 acres (hereinafter tract "A") and 2.0 acres (hereinafter tract "B"),
more or less, and said 5.41 acre tract is more particularly described as
follows:
A tract of land situate in Lots 8 and 12 of Section 35,
Township 7 South, Range 88 West of the 6th Principal
Meridian, described as follows:
Beginning at a point whence the Witness Corner to the South
Quarter Corner of said Section 35 bears S. 01015'09" W.
2177.91 feet; thence S. 89°24'00" E. 376.31 feet; S. 00°
36'00" W. 626.13 ft; N. 89°24'00" W.376.31 ft; N. 00°36'00"
E. 626.13 feet.
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 into single-
family residential acreage, and;
WHEREAS, the Petitioners have demonstrated to the satisfaction of the
Board of County Commissioners of Garfield County, Colorado, that there is
a 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.
30-28-101 (10) (a) -(d) as amended;
NOW, TIiEREFORE, upon the motion of Richard C. Jolley, seconded by ..._
Flaven J. Cerise, and carried, said 5.41 acre tract of land is hereby:-
exe to
BOOK .5, 0.'raCE
om such:,defnitions
and: -.said tract:may..be: divided into•,two .(�2�)
racts of 3..41 ,an .0 acres, :moreor less, all as is more fully described
above and. "`.said: divided tract may be conveyed in. -the forme -of such smaller:
tracts without further compliance with the aforesaid statutes and,..regula-
tions;: provided, : however,. that said exemption is conditioned on the.
etitioner obtaining a proper legal description of said tracts prior to
'any conveyance' thereof.: A copy of the. instrument: or instruments,:o
when recorded shall be filed with . this Resolution..
Dated this.'.. 23rd day of October:, A.D.,.1978
ATTEST.:' lain
De uty C,
of Count
... .. Garfield.
•1-:1(./CIL;
er]' .of the Yo rd
Commissioners
County,. Colorado
conveyance:
•
THE BOARD• OF COUNTY:-CO14MISSIONERS`
OF GARFIELD COUNTY; COLORADO