HomeMy WebLinkAbout2.0 Resolution 79-144OV I. 9 19r- __
RO oS•cled 2i. J f1' cloo
ftecic.ctionTio. tt.tnja F, lictrantAlcdoL'fyRecorder
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF.
GARFIELD COUNTY, COLORADO :-
RESOLUTION NO. 79-144
WHEREAS, Wilmer C. and Anneliese K. Allen have 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=Garfiel
County, Colorado, adopted January 2, 1979, Sections 2.02.21 (d) and 3.02 01 for -
the division of a 32.2 acre tract described as follows: that parcel of land.
as described in Book 361 at Page 234 as filed in the Office of the Clerk and
Recorder of Garfield County, Colorado into 3 tracts of "approximately 2.02,
2.02, and 28.16 acres each, more or less, which proposed divided tracts are
more particularly described as follows:
Tract A: A parcel of land situated in Lot 8 of Section 11, Township
8 South Range 88 West of the Sixth Principal Meridian, more parti-
cularly
articularty described as follows:
Beginning at the brass cap witness point bearing N.00°08'29" W.
27.18 feet to the Section Corner common to Sections 10, 11, 14,
and 15 of said Township and Range; thence N.66011'24" E. 1133.66
feet to the True Point of Beginning; thence ,N.88°29'471"
E. 368.00
feet; thence S.02°28'39" E. 240.00 feet; thence S.88°29'47" W.
368.00 feet; thence N.02°28'39" W. 240.00 feet to the True Point
of Beginning, containing 2.027 acres, more or less.
Tract B: A parcel of land situated in Lots 8 and 9 of Section 11,
Township 8 South, Range 88 West of the Sixth Principal Meridian,
more particularly described as follows:
Beginning at the brass cap witness point bearing N.00°08'29" W.
27.18 feet to the Section Corner common to Sections 10, 11, 14
and 15 of said Township and Range; thence N.71036'10" E. 1480.73
feet to the True Point of Beginning; thence N.88°29'47" E. 368.00
feet; thence S.02°28' 39" E. 240.00 feet; thence S.88°29'47" U.
368.00 feet; thence N.02°28'39" W. 240.00 feet to the True Point
of Beginning, containing 2.027 acres, more or less.
Tract C: A parcel of land situated in Lots 8 and 9 of Section 11
and in Lots 3 and 4 of Section 14 all in Township 8 South, Range`-
88 West of the Sixth Principal Meridian, more particularly described
:t.
Boox 539 PAcE9 2
as follows:.:
Beginning at the brass cap witness point bearing N.00°08'29," W
27.18 feet to ::the Section corner- common-: to ; Sections 10,11-4 1 4, -
and
, and 1`5 of 'said Township and. Range; thence N.58°49'10"E 869 09
feet to the True Point of Beginning, thence N 88°29'47" E
293.74 feet; thence S.O2°28:'39" E. 240.00 feet; -:thence k 88°29'47"
E.- 736:00: feet; thence S.02°28'39" 'E: 612.51 feet, thence
S..73°33'21" W.' 1572:64. feet, .thence N.00909'28" W 34:54 feet,
thence -S.89039146" E. -.22 -?9 feet;thence N..0 5900'44" E: 96:90
feet; thence N.10927'4111- W 81.39feet; thence N.07903105" E
262 42 feet; thence N .19°57'14 E.'
164-.17 feet; thence -N.06922144"
E.' 74.87 feet; thence N.09942'21" E. 163.04: feet; thence N.38°39 `12"`
E 371:83 feet, -thence N.30°30'00" E.'.137.72 feet to the True Point
of Beginning, containing 28.16 :-acres, .more or :less
County
Tract A, B, and C.are..located in -`the State of Co ora
do and. Cou
of Garfield; and
-WHEREAS, the:Petitioners have demonstrated :to:.:the satisfaction of the
Board', of.County, Comnussioners of Garfield County, Colorado; that the proposed.
division .does not fall within_ the .purposes. of Part 1, Ar..ticle 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 Petitioners have. 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 adequateingress 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;.
NOW, THEREFORE, BE IT _RESOLVED that the division of the above described
tracts "A", "B", and ."C from the above :described 32.2 acre tract is hereby
exempted from such definitions and said tract may be divided into tracts "A"
"B", and C all as..ismore fully described above,
and .said divided tract
may be conveyed in the form ofsuch smaller tracts without further compliance
BUUX 539 mE753
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 day of n -Y A.D. 1979.
THE BOARD OF COUNTY COMMISSIONERS
OF GARFIELD COUNTY, COLORADO
/
,. f
l/
Chai rri
ATTEST: /(LTJ
De ut erk of the Bo rd
Y �'
of County Commissioners
Garfield County, Colorado