HomeMy WebLinkAbout2.0 Resolution 79-22- .
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BEFORE THE. BOARD .::0E-.COUNTY,.:.COMMIS.S.IONERS-'0F • •-•
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GARFIFLD COUNTY, COLORADO
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RESOLUTION NO. 79-22
WHEREAS, Herbert M. Augsburger and Natalie Augsburber have petitioned
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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 8.76 acre parcel described
in a certain instrument recorded at Book 485, at Page 649 of the Records at
the Garfield County Clerk and Recorder into 2 tracts of approximately 6.18
acres and 2.58 acres, more or less, which proposed divided tracts are more
particularly described as follows:
Tract A: A tract of land situated in and being a part of Lot 9 and the
Colorado River Meander, of Section 10, Township 6 South, Range 92 West of
the 6th P.M., lying Southerly of that certain tract of land described in
Doc. No. 239833 of the Garfield County Records and Westerly of the Westerly
right of way line of a County Road as constructed and in place, said tract
of land being described as follows:
Beginning at a point on the Westerly right of way line of said road., whence
the Northeast Corner of said Section 10 bears N. 07°54'43" E. 3962.37 feet;
thence S. 00°27'23" W. 303.00 feet along the Westerly right of way line of
said road; thence S. 05°50'49" W. 69.17 feet along the Westerly right of
way line of said road; thence S. 02°29'51" W. 73.92 feet along the Westerly •
right of way line of said road; thence S. 82°44'43" W. 510.83 feet; thence
N. 09°57'32" W. 517.96 feet; thence East 609.00 feet along the Southerly
line of that certain tract of land described in Doc. No. 239833 of the
Garfield County Records, to the point of beginning.
Tract B: A tract of land situated in Lot 9 of Section 10, Township 6 South,
Range 92 West of the 6th P.M., lying Southeasterly of the South Channel of
the Colorado River and Westerly of the Westerly right of way line of a
county road as constructed and in use, more fully described as follows:
Beginning at a point whence the Westerly right of way line of said road
intersects the Southerly line of the South Channel of said river, whence the
Northeast Corner of said Section 10 bears N. 08044'44" E. 3612.35 feet; thence
S. 00°37'06" E. 354.32 feet along the Westerly right of way line of said road;
thence West 609.00 feet to a point on the Southerly line of the South Channel
of said river; thence N. 57°23'43" E. 369.90 feet along the Southerly line
of the South Channel of said river; thence N. 61°04'03" E. 101.00 feet along
the Southerly line of the South Channel of said river; thence N. 61°35'16"
E. 114.47 feet along the Southerly line of the South Channel of said river;
thence N. 61°08'28" E. 116.57 feet along the Southerly line of the South
Channel of said river to a point on the Westerly right of way line of said
road, the point of beginning•in the State of Colorado and County of Garfield;
and
WHEREAS, the Board has determined that, in the event a well permit may
not be obtained from the State of Colorado, arrangements must be made to •
provide adequate water to each parcel at time of subdivision.
WHEREAS, the Petitioners have demonstrated to the satisfaction of the
`' Iirl7K:
52 AGE9OT
Board of County
Commissioners of Garfield County,, Colorado,:.; that the proposed;
division does ; not fall within the purposes . of Part 1, Article 28, Title 3C,
ColoradoRevised Statutes 1973, as amended, for the reason that the parcel
was divided into two parcels prior to 1972, and the said tracts are logically
located:'for the division into two separate tracts, and
WHEREAS, the Petitioners have demonstrated to the satisfaction of
the
Board of County Commissioners of Garfield County, Colorado, th:a :there is a
reasonable probability of providing domestic. water on` each of saidtracts,
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 isnot 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 Coloradoand'.the County of Garfield, and should;.
therefore, be exempted from the definition.`ofthe 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 Larry Velasquez
seconded by
R.C.Jolley , and car.ried, the division of the above described
tracts "A"; and "B" from the above described 8.76: acre tract is hereby
exempted from such difinitions and said tract may be divided into tracts
"A" , and "B", all as is more fully described above, •, and said divided tracts
may be conveyed in the form of such smaller tracts without furthercompliance
with the aforesaid subdivision statutes and regulations; provided, however,
that this exemption i s " granted on the condition expressed above. 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 copyof the
instrument -or instruments of conveyance when recorded shall be filed with
this Resolution...
Dated this 19th : day of
March
ATTEST:�f'mtt
Dep ty Cl'r /of the .Bo d
of Count Commissioners
Garfield County, Colorado
, A.D. 1979.
THE. BOARD.:OF.000NTY: COMMISSIONERS'
OF'GARFIELD COUNTY, COLORADO
Chairman