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HomeMy WebLinkAbout3.0 Resolution 78-116Seeorded.at. o o'clock Re c ep t ::on. -: }l o:. M: -DEC 1 2 1978 r Ella. S.tepbens.' Recorder BEFORE THE BOARD OF COUNTY COMMISSIONERS..' : cGARFIELD:COUNTY, COLORADO RESOLUTION NO 78 - II & BOOK' WHEREAS, Margaret C. Smith, by and through her agent, Charles Stewart, has petitioned the Board of County Commissioners. of;Garfi'eld County, Colorado, for an exemption from the definition_ of the terms "subdivision" and "subdivided lard" under C.R.S. 1973, 30-28-1101.(10) .'. .: (a) -(d) as amended, and the Subdivision 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 a 68.94 acre tract into. three (3) tracts of approximately 22.98 acres each (hereinafter tracts "A", "B" and "C"), more or less, and said 68.94 acre tract is more particularly described as follows: A parcel of land situated in Lots 9, 17 and 18 in Section 32, also in Lots 7 and 8 of Section 33, all in Township 7 South, Range 87 West of the Sixth Principal Meridian, lying Southerly of the Southerly right-of-way line of State Highway No. 82 and Northerly of the Southerly line of said. Section 33, said parcel being described as follows: Beginning at a point on the Southerly right-of-wayline of said. Highway, whencean iron post witha brass cap, :. found in placeand properly marked for the Southeast. Corner of said Section 33 bears: S.65°46'27" E. 6673. 89 feet; thence S.17047'00" W. 68.52 feet; thence S.54°57'00" E. 275. 40 feet; thence S.61°53'00" E. 228.71 feet; thence S.71°07'00" E. 75.01 feet; thence S.67°35'00" E. 150.43 feet; thence S.46°42'00" E. 57.90 feet; thence S.46°03100" E. 50.54 feet; thence S.43°16100" E. 35.24 feet; thence S. 34°48'00" E. 34.50 feet; thence S.42°40'00" E. 26.02 feet; thence S. 53°15'00" E. 36.93 feet; thence S. 64°" 10'00" E. 68.37 feet; thence S.01°15'00" W. 1294.404 feet; thence .N.89008'00":E. 147.041 feet; thence South 902.363 feet to a pointon the Southerly line of said Section 33; .. thence S.88°59'00" W. 386.79feet along the Southerly. line of said Section 33 to the Southwest Corner of said. Section 33; thence N.010 17'00" E. 1327.824 feet along the Westerly line of said Section 33 to a point in the center. of the Roaring Fork River; thence S.89 59'15" W. 1316.335 feet; thence N.01°10115" E. 444.058 feet to a point on the Southerly line of said Lot 9; thence N.02°46'00" E. 1320.40 feet to a point on the Southerly right-of-way line of said Highway; thence S.71°22'00" E. 34. 99 feet along the Southerly right-of-way line of said Highway; thence S.72°09'00" E. 363.95 feet along the Southerly right-of-way line of said Highway, thence .S.72 22'00" E. 152.77feet along the Southerly right-of-way line of said Highway;thence S.72006'37" E. 112.499 feet along the Southerly right-ofway Mine of said Highway; thence S.72°16'33" E. 151.32 feet along; the Southerly right-of-wayline of. said Highway; thence S.72°07'00" E. 244.626 feetalong the 'Southerly '"right -of way` line of said Highway to the point of beginning. The above described parcel of land contains 68.94 acres, more _ or less. BUDX; • 520:14E• WHEREAS., the Petitioner has demonstrated to the Board of. County ommissioners of Garfield County, Colorado, that she desires said ' exemption .:for :the purpose of resaleo:f resden'tial° :acreage ,...and.;.. . said tracts into single-family WHEREAS, the Petitioner has .demonstrated :to the.satisfaction of - :the 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 andegress 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 fromthe 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 Flaven J. Cerise, seconded by Richard C. Jolley, and carried, said 68.94 acre tract of land is hereby._ `exempted 'from such definitions and said tract may be divided into three (3) tracts of 22.98 acres each, more or less,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 said exemption is conditioned 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 furtherexemptions be allowed on said tracts."A", ":B!! and "C".. A.,. co.py'of the instrument or instruments of conveyance when recorded: shallbe..,.:: filed with this. Resolution. Dated. this.20th day cif No.vember,.A.D.,.19.78. .ATTEST-: e uty Cijerk'of the Boar{ of .County:: Commissioners Garfield County, Colorado THE BOARD OF COUNTY: COMMISSIONERS OF GARFIELp.COUNTY, COLORADO By / Lc�.•�v Larry Velasquez, Chain •