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HomeMy WebLinkAbout2.0 Resolution 79-105BGOK 535 • ..._ PAGE�iOi i%ece.,ti0 i ..�' � �, ..�. _...',r:._sdorP., Recorder - si BEFORE THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO RESOLUTION N0. 79-105 WHEREAS, James E. Stevens 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 40.0 acre tract described as follows: the NE'-,SW of Section 1, Township 6 South, Range 92 blest of the Sixth Principal Meridian into 4 tracts of approximately 3.42, 2.45, 3.04, and 30.41 acres each, more or less, which proposed divided tracts are more particularly described as follows: Tract A: A parcel of land situated in the NEa SW-14 of Section 1, Township 6 South, Range 92 West of the Sixth Principal Meridian, Garfield County, Colorado, more particularly described as follows: Commencinq at an iron post and brass cap found in place and properly marked for the,5.14. Corner of said Section 1, thence N. 31030144" E. 2518.20 feet to a Point on the Westerly line of said NE'-; SW;, said point also lying in an existing 25 feet, more or less, dirt road, the True Point of Beginning; thence N. 00004'08" E. along said Westerly line of the NE; SW'•a and along said dirt road 492.07 feet to a point on the extended line of an existing fence marking the Southerly line of the county road; thence N. 89011'04" E. along said fence line and along said Southerly line of the county road 298.81 feet; thence leaving said fence line and said Southerly line of the county road S. 00004'08" W. 504.11 feet; thence N. 88030'26" W. 298.87 feet to the True Point of Beginning; containing 3.42 acres, more or less. Tract B: A parcel of land situated in the NE'-:, SWI-; of Section 1, Township 6 South, Range 92 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 S.W. Corner of said Section 1, thence N. 36019'12" E. 2221.50 feet to a point on the Westerly line of said NE-% SW14-, said point also lying in an existing 25 feet, more or less, dirt road, the True Point of Beginning; thence N. 00004'08" Book 535 AA'E307 '`. E. along said.Westerly line of the NE4 SW4 and along said.. dirt . road 356.93 feet; thence Leaving said Westerly line of the NE -I, SWI -4 and said dirt road S. 88030'26" E. 298.87 feet; thence S. 00004'08" W. 356.92 feet; thence N. 88030126" W. 298.87 feet to the True Point of Beginning; containing 2.45 acres, more or less. Tract C: A parcel of land situated in the NE -1-4 SWI -4 of Section 1, Township 6 South, Range 92 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 S.W. Corner of said Section 1, thence N. 44024142" E. 1879.43 feet to the S.W. Corner of said NE4SW4, said point also lying in an existing 25 feet, more or less, dirt: .road, the True Point of Beginning; thence N. 00004108" E. along the Westerly line of said NE4 SW4 and along said dirt road 447.37 feet; thence leaving said Westerly line of the NE -14 SW4 and said dirt road S. 88030'26" E. E. 298.87 feet;, thence S. 00004'08" W. 439.96 feet to the Southerly line of said NE. SWI -4; thence N. 89055'44" W. along said Southerly line of the NE4 SW -14 298.77 feet to the True Point of Beginning; containing 3.04 acres, more or less. Tract D: A parcel of land situated in the NEI -4 SWI -4 of Section 1, Township 6 South, Range 92 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 S.W. Corner of said Section 1, thence N. 50015'15" E. 2099.16' to a point on the Southerly line of said NE -14 SW4, the True Point of Beginning; thence N. 00004'08" E. 1300.99 feet to a point on an existing fence line marking the Southerly line of the county road; thence N. 89011'04" E. along said fence line and along said Southerly line of the county road 418.88 feet; thence along said fenceline and along said Southerly line of the countyroad along a curve to the right, having a radius of 2973.82 feet and a central angle of 02017'38", a distance of 119.06 feet; thence S. 88031'17" E. along said fence line and along said Southerly line of the county road 338.33 feet; thence along said fence line and along said Southerly line of the county road along a curve to the left, having a radius of 386.02 feet and a central angle of y BOOK 535 rac 30,9 10. 2108'56" a distance:..of 142,49 feet to .a point on the Easterly line of said NE% SW's; thence .S: 00005'.35" W. along said. Easterly line of th:e NE4<SWP 1321.19.feet to-ttie S. E. Corner of said NE4.SW4,.thence N. 89°55144" W. alone the Southerly line of said NES S. 1015.42 feet to the True Point of Beginning; containing -30-41 acres,.more:or less WHEREAS, the _Petitioner'has demonstrated to the satisfaction of the Board Of. County.commi'ssioners of Garfield County, Colorado, that the proposed division Ades ndt-fall within.the-purposes of Part 1, Article 28, Title 30, Colorado Rev ised:Statutes.1973, as amended, for the reason that the impact created is not large enough toproceed through the full subdivision review; 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 not part of an existing or larger development and does not fall vd thin 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", "B", "C" and "D" from the above described 40.0 acre tract is hereby exempted from such definitions 11� It and said tract may be divided into tracts �A�� , �� B�� , C and I'D", 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 Gond tion.and with the express understanding and agreement of the Petitioner that no..further.exemptions be allowed on said tracts "A", "B", and "C", and that a copy of the instrument or instruments of conveyance when recorded shall bb -1 led with•this Resolution. Qated this 10th'day.of September, A.D. 1979. t THE BOARD OF COUNTY COMMISSIONERS - OF GARFIELD COUNTY, COLORADO_ B � Chairman i.f the`_go , iissioner iy Colorado