HomeMy WebLinkAbout2.0 Resolution 79-118vL
Recorded at Nr o' aloe_ M
Reception No.- Mildred Al3dorf, Recorder
BOOK 535 AGE9D9
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF ,
GARFIELD COUNTY, COLORADO
RESOLUTION NO. 79-118
SEP 25 iS
WHEREAS, William and Darlene Sands have petitioned the Board of County
Commissioners of Garfield County, Colorado, for an exemption from the defin-
ition 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 an 11.7 acre tract described as follows: that
parcel of land as described in Document No. 281741 as filed in the Officg of
the Clerk and Recorder of Garfield County, Colorado into 2 tracts of approxi-
mately 5.13 and 6.31 acres each, more or less, which proposed divided tracts
are more particularly described as follows:
Tract A: A parcel of land situated in Lots 14 and 18, Section 10,
Township 7 South, Range 88 West of the Sixth Principal Meridian,
Garfield County, Colorado, more particularly described as follows:
Commencing at an iron post and brass cap found in place and
properly marked for the common S.E. Corner of said Lot 18 and N.E.
Corner of said Lot 14, thence N. 83°16'44" W. along the line com-
mon to said Lots 14 and 18 206.65 feet; thence continuing along
said lot line (and along the Northerly line of property described
in Document #281741 in the Garfield County Clerk and Recorder's
Office, deed bearing of said line being N. 83°42'20" W. rotated
00°25'36" to conform to GLO bearing along the East line of said
Lot 18) N. 83°16'44" W. 381.80 feet to the Northwesterly corner
of said Document #281741 property, the True Point of Beginning;
thence leaving said lot line S. 13°16'47" E. (along the Westerly
line of said Document ;281741, deed bearing being S. 13°42'20" E.)
593.78 feet; thence S. 03°34'45" E. (along said Westerly Docu-
ment line, deed bearing being S. 04°00'18" E.) 794.90 feet to
the South line of said Section 10; thence along said South line
of Section 10 (and along the Southerly line of said Document
#281741 property, deed bearing being S. 83°10'43" E.) S. 82°
45'10" E. 116.79 feet; (whence the S4 Corner of said Section 10
bears S. 82°45'10" E. 273.43 feet, deed tie being S. 83°10'43"
E. 273.43 feet) thence leaving said South line of Section 10
BooX 535
and said deed line N. 03°40'20" W. 1558.86 feet to a point on
the Northwesterly line of said Lot 18, being also a point on the
centerline of County Road #113; thence S. 87°59'46" W. along said
Northwesterly line of Lot 18 241.49 feet; thence leaving said
Northwesterly line S. 13°42'20" E. 165.96 feet to the True Point
of Beginning; containing 5.13 acres, more or less.
Tract B: A parcel of land situated in Lots 14 and 18, Section 10,
Township 7 South, Range 88 West of the Sixth Principal Meri-
dian, Garfield County, Colorado, being more particularly described
as follows:
Commencing at an iron post and brass cap found in place
and properly marked for the common S. E. Corner of said Lot
18 and N. E. Corner of said Lot 14, thence N. 83°16'44" W.
along the line common to said Lots 14 and 18 206.65 feet to
the Northeasterly corner of property described in Document
#281741 in the Garfield County Clerk and Recorder's Office,
the True Point of Beginning; thence S. 01°10'27" E. (along the
Easterly line of said Document #281741, deed bearing being
S. 01°36'00" E.) 491.63 feet; thence S. 09°50'27" E. (along
said Easterly line of Document #281741; deed bearing being
S. 10°16'00" E.) 893.45 feet to a point on the South line of
said Section 10 (whence the S4 Corner of said Section 10 bears
S. 82°45'10" E. 31.42 feet; deed tie being S. 83°10'43" E. 31.42
feet); thence along said South line of Section 10 (and along
the Southerly line of said Document #281741 property, deed
bearing being N. 83°10'43" W.) N. 82°45'10" W. 242.01 feet;
thence leaving said South line of Section 10 and said deed
line N. 03°40'20" W. 1558.86 feet to a point on the Northwest-
erly line of said Lot 18, being also a point on the centerline
of County Road #113; thence N. 87°59'46" E. along said North-
westerly line of Lot 18 171.10 feet; thence leaving said North-
westerly line S. O1°36'00" E. 220.43 feet to the True Point of
Beginning; containing 6.31 acres, more or less.
WHEREAS, the Petitioners have 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
PdGE9iO
BOOK 535l'AGE9tL
created is not large enough to proceed through the full subdivision review; and
WHEREAS, the Petitioners have demonstrated to the satisfaction of the Board
f"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 11.7 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 Petitioners 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 24th day of September A.D. 1979.
ATTEST: / 7r/V,
De uty Clef k 'off the Board)
of aunty Commissioners
Garfield County, Colorado
THE BOARD OF COUNTY COMMISSIONERS
OF GARFIELD COUNTY, COLORADO
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Chairman