HomeMy WebLinkAbout2.0 Resolution 79-1241 a OCT 1 2 1979
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Re®eptiort No . 29851-2, Mildred Alsdorf, Recorder 83'?x 537 mi.98
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF
GARFIELD COUNTY, COLORADO
RESOLUTION NO.
79-124
WHEREAS, Ann C. Robinson has 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
January 2, 1979, Sections 2.02.21 (d) and 3.02.01 for the division of a 80.0 acre
tract described as follows: that parcel of land as described in Document No.
2 4879 6 as filed in the Office of the Clerk and Recorder of Garfield County,
Colorado into 3 tracts of approximately 3.74, 3.97, and 72.29 acres each, more
or less, which proposed divided tracts are more particularly described as follows:
Tract A: A parcel of land situated in Lot 4 and the SE.SWJ of
Section 19, Township 5 South, Range 92 West of the. Sixth Principal
Meridian, Garfield County, Colorado, lying Northerly of the
Northerly right-of-way line of County Road No. 251 and Westerly
of the centerline of Rifle Creek, said parcel of land is more
fully described as follows:
Beginning at the Southwest Corner of said Section 19; whence an
iron pipe with a brass cap, being a reference monument for said
corner bears: N.00°10'00" W. 219.80 feet; thence, from said
corner, N.87°20'25"E. 1335.80 feet to the intersection point of
said centerline creek and said right-of-way line, the TRUE POINT
OF BEGINNING: thence S.89°57'39"W. 140.00 feet along said right-
of-way line; thence N.00°09'52"W. 394.00 feet; thence East 160.81
feet to a point on the Easterly line of said Lot 4; thence
N.00°10'46"W. 430.78 feet along said line; thence East 112.00 feet
to a point in said centerline creek; thence, along said centerline
creek, S.23°45'00"E. 65.00 feet; thence S.49°15'OO"E. 87.00 feet;
thence S.47°05'00"W. 63.00 feet; thence S.08°05'00'W. 115.00 feet;
thence S.26°15'00" W. 75.00 feet; thence S.06°52'30"E. 151.00 feet;
thence S.15°08'40"W. 72.48 feet; thence S.19°45'00"E. 130.00 feet;
thence S.02°30'00"W. 35.00 feet; thence S.59°40'00"W. 35.00 feet;
thence N.83°40'00"W. 80.00 feet; thence S.26000'00"W. 60.00 feet;
thence S.36°10'00"W. 55.00 feet to a point on said right-of-way line,
the TRUE POINT OF BEGINNING.
BOOK
537 P'�GE197
The above described parcel of land contains 3.74 acres, more or less.
Tract B: A parcel of land situated in Lot 4 and the SEkSWQ of
Section 19, Township 5 South, Range. 92 West of the Sixth Principal
Meridian, Garfield County, Colorado, lying Northerly of the Northerly
right-of-way line of County ; Road 251 and Easterly of the centerline
of Rifle' Creek, said parcelof land is more fully described as follows:
Beginning at the Southwest Corner. of said Section 19 whence an iron
pipe with a. brass cap, being`:a reference monument for said corner
bears; N.00°`10'00" W. 219.80 feet; thence, from said corner, N.87°20'25"E.
1335.80 feet to the intersection point of said centerline creek and said
right-of-way line, the TRUE POINT OF BEGINNING: thence, along said
centerline creek, N.36°10'00"E. 55.00 feet; thence N.26°00'00"E. 60.00 feet;
thence S.83°40'00"E. 80.00 feet; thence N.59°40'00"E. 35.00 feet;
thence N.02°30'00"E. 35.00 feet; thence N.19°45'00"W. 130.00 feet;
thence N.15°08'40"E. 72.48 feet; thence N.06°52'30"W. 151.00 feet;
thence N.26°15'00"E. 75.00 feet; thence N.08°05'00"E. 115.00 feet;
thence N.47°05'00"E. 63.00 feet; thence N.49°15'00"W. 87.00 feet;.
thence N_23°45'00"W. 65.00 feet; thence, leaving said centerline
creek, East 216.29 feet; thence S.00°11'42"E. 824.43 feet (Record
S.00°04'59"E. 825.00 feet) to a point on said right-of-way line;
thence S.89°57'39"W. along said right-of-way line 351.43 feet to a
point in said centerline creek, the TRUE POINT OF BEGINNING.
The above described parcel of land contains 3.97 acres, more or less.
Tract A and Tract B are located in the State of Colorado and County of
Garfield; and
WHEREAS, the Petitioner has demonstrated to the satisfaction of the Board
of County Commissioners of Garfield County, Colorado, that the proposed division
does not fall within the purposes of Part 1, Article 28, Title 30, Colorado
Revised Statutes 1973, as amended, for the reason that the impact created is
not large enough to proceed through the full subdivision review; and
WHEREAS, the Petitioner has 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 not part of an existing or larger development and does not fall
within the general purposes and intent of the subdivision regulations of the
BO 53` PAGE I9S
State of Colorado and the County of Garfield, and should, therefore, he 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;
WHEREAS, the division of the above described tracts "A" and "B" from the
above:described 80.0 acre tract is hereby exempted from such definitions and
said tract may be divided into tracts "A" and "B", all as is more 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; however, that this exemption is granted on the condition and with the
express understanding and agreement of the Petitioner that no further exemptions
be allowed on said tracts "A" and "B", and that a copy of the instrument or
instruments of conveyance when recorded shall he filed with this Resolution.
Dated this y&t, day of A.D. 1979.
THE BOARD OF COUNTY COMMISSIONERS
OF GARFIELD COUNTY, COLORADO
�.
Chai;r�ian
ATTEST: i «/YL
Depy C1q4k bf the Boar
of unty ommissioners
.Garfield County, Colorado