HomeMy WebLinkAbout3.0 Resolution 79-108• •
t;EFORE THE BOARD OF COUNTY COMMISSIONERS OF
GARFIELD COUNTY, COLORADO
RESOLUTION NO. 79-108
WHEREAS, Elwyn J. Schrock 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 2.10 acre tract described as follows:
that parcel of land as described in Document No. 245605 as filed in the
Office of the Clerk and Recorder of Garfield County, Colorado into 2 tracts
of approximately 1.0 and 1.10 acres each, more or less, which proposed
divided tracts are more particularly described as follows:
Tract A: A parcel of land situated in the NW4 of the SW4
of Section 2, Township 6 South, Range 89 West of the Sixth
Principal Meridian, in Garfield County, Colorado, said parcel
being more particularly described as follows:
Beginning at the W corner of said Section 2; thrice
S. 55°52'30" E. 492.90 feet to a right-of-way monument on
the South right-of-way line of Interstate Project 1-70-2(2),
the True Point of Beginning; thence N. 84°19'30" E. 202.88
feet along said South right-of-way line; thence leaving said
right-of-way line, S. 01°31'55" E. 140.08 feet; thence East
0
278.68 feet; thence S. 24 59'00" W. 104.30 feet; thence West
228.40 feet, to the Northerly right-of-way line of former
State Highway No. 4 (1965); thence N. 35°59'00" W. 55.20
feet along said Northerly right -Of -way; thence N. 26°13'00"
W. 28.50 feet along said right-of-way; thence along said
right-of-way along the arc of a non tangent curve to the left,
having a radius of 623.00 feet and a central angle of 20°23'29",
a distance of 221.73 feet (record = 221.80 feet) to the True
Point of Beginning; containing 1.00 acres, more or less.
Tract B: A parcel of land situated in the NW, of the SW'-.; of
Section 2, Township 6 South, Range 89 West of the Sixth Principal
Meridian, in Garfield County, Colorado, said parcel being more
particularly described as follows:
• •
Beginning at the W' corner of said Section 2; thence S. 55°52'30" E.
492.90 feet to a right-of-way monument on the South right-of-way line
of Interstate Project I-70-2(2); thence N. 84°19'30" E. 202.88 feet
along said South right-of-way line to the True Point of Beginning;
thence N. 84°19'30" E. 212.42 feet along said South right-of-way
line; thence continuing along said South right-of-way line, along
the arc of a non tangent curve to the right, having a radius of
3,720.00 feet and a central angle of 02°08'03", a distance of 138.57
feet (record = 137.80); thence leaving said South right-of-way line
S. 24°59'00" W. 156.81 feet; thence West 278.68 feet; thence
N. 01°31'55" W. 140.08 feet to the True Point of Beginning;
containing 1.10 acres, more or less.
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
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;
WHEREAS, the division of the above described tracts "A" and "B" from the
above described 2.10 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 be filed with this Resolution.
Dated this lOthday of September, A.D. 1979.
ATTEST:
Deuty Cl k/ oir the Board
of County Commissioners
Garfield County, Colorado
THE BOARD OF COUNTY COMMISSIONERS
OF GARFIELD COUNTY, COLORADO
By:
Chairman