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HomeMy WebLinkAbout2.0 Resolution 78-121IP Recorded at 5 . o ;lock__. ._..M. Reception._ o . 3Js .-. Mildred illedorf , Recorder BEFORE THE BOARD OF COUNTY COMMISSIONERS OF. GARFIELD'COUNTY, COLORADO RESOLUTION NO. 78-121 JAN.3 0 1979 - WHEREAS, Margaret Sanders 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 35.0 acre tract into three (3) tracts of approximately 6.6 acres (hereinafter tract "A"), 7.8 acres (hereinafter tract "B") and 20.6 acres (hereinafter tract "C") more or less, and said 35.0 acre tract is more particularly described as follows: A parcel of land situated in the SE 1.1 of Section 14, Township 7 South, Range 88 West of the Sixth Principal Meridian, County of Garfield, State of Colorado, lying westerly of the westerly right-of-way line of a County road as constructed and in place, said parcel of land is described as follows: Beginning at a point on the Westerly right-of-way line of said County Road whence the Section Corner common to Sections 13, 14, 23, and 24 in said Township and Range bears: S.38°16'16" E. 763.07 feet; thence S.89°54'08" W. 1574.03 feet; thence N.53°02'11" W. 664.07 feet; thence N.00°03'30" W. 575.55 feet; thence S.81° 18'27" E. 1037.90 feet; thence N.59°10'17" E.394.61 feet to a point nTI the Westerly right-of-way line of said road; thence along the Westerly right-of-way line of said road as follows: thence S.22°43'44" E. 6.51 feet; thence S.52°16'12" E. 117.88 feet; thence S.26°45'10" E. 181.91 feet; thence S.38°44'00" E. 368.27 feet; thence S.56028.'33" E. 95.94 feet; thence S. 330 54'45" E. 108.14 feet; thence S.27°18'12" E. 93.79 feet; thence c.22032'25" E. 154.91 feet; thence S.36°37'34" E. 150.20 feet to the point of beginning. The above described parcel of land contains 35 or less. The above described parcel of land is subject road easement situated in the S 1/2 SE 1/4 of said road easement being 15 feet on each side described centerline: .00 acres, more to a 30 foot said .Section 14•, of the following Beginning at a point on the Southerly line of the above described parcel of land whence the Section Corner common to Sections 13, 14, 23, and 24 bears: S.65°57'25" E. 1466.77 feet; thence along said centerline H.37°22'42" W. 162.36 feet; thence 142.66 feet along the arc of a curve to the right, having a radius of 213.24 feet, the chord of which bears: N.18°12'45". W. 140.02 feet; thence N. 00°57'13".E. 54.28 feet; thence 138.44 feet along the arc of a curve to the right, having a radius of 99.78 feet, the chord ofwhich bears: N.40°42'08" E. 127.60 :feet; thence N.80°27'03" E. 64.10 feet; thence 98.85 feet, along the arc of a curve tothe right, having a radius of 195.21 feet, the chord of which bears: S.85°02'32" E. 97.80 feet; thence S.70°32107" E. 407.82 feet; thence 59.18 feet along the arc of a curveto the left, having a radius of 146.43 feet, the chord of which bears: S.82°06'49" E. 58.78 feet; thence N. 86°18'30" E. 164.50 feet to a point trrttp' s. on the Westerly right-of-way line of a county road as constructed and in place. WHEREAS, the Petitioner has demonstrated to the satisfaction of the Board of County Commissioners of Garfield County, Colorado, that she desires said exemption for the purpose of resale of said tracts "A", "B" and "C" into single-family residential acreage; 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 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 35.0 acre tract of land is hereby exempted from such definitions and said tract may be divided into three (3) tracts of 6.6, 7.8 and 20.6 acres, more or less, all as is more fully described above, andsaid 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 condi- tioned on the Petitioner obtaining a proper legal description of said tracts prior to any conveyance thereof. Further, 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". A copy of the instrument or instruments of conveyance when recorded shall be filed with this Resolution. Dated this 4th day of December, A.D. 1978. THE BOARD OF COUNTY COMMISSIONERS OF CARFIELD COUNTY, COLORADO By: Fr1.1,,,,J,,,, 4-- ATTEST: l± _ Larry Velt quet , Ch FTi 7._ Deputy Clerk- of the Board ' of Count', Commissioners Garfield County, Colorado r1