HomeMy WebLinkAbout2.0 Resolution 77-88• •
RESOLUTI 0 N44= -7-74g
WHEREAS, STEPHEN M. and THOMAS M. STEWART, have petitioned the Board of County
Commissioners of Garfield County, Colorado, for an exemption under C.R.S. (1973)
Section 30-28-101 (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 23 acre tract of land into
two tracts of approximately 20 acres and 3 acres, more or less, and more particularly
described as follows:
A parcel of land in H.E.S. No 131, situated in the EZ SEq
of Section 32 and in the WZ SWQ of Section 33, Township 4
South, Range 91 West of the Sixth Principal Meridian, 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 Corner No. 1 of said H.E.S. No. 131 whence an
iron post with a brass cap found in place and properly marked
for the Southeast Corner of said Section 32 bears: S. 820
38' 06" E. 429.60 feet; thence N. 190 45' 00" W. 1276.50 feet
along the Westerly line of said H.E.S. No. 131; thence N.
83° 48' 00" E. 823.36 feet to a point on the Westerly right-
of-way line of said County Road; thence along the Westerly
right-of-way line of said County Road S. 15° 08' 21" E. 10.97
feet; thence S. 09° 06' 30" E. 265.17 feet; thence S. 17°
17' 38" E. 271.71 feet; thence S. 22° 17' 21" E. 106.57 feet;
thence S. 34° 27' 41" E. 116.27 feet; thence S. 33° 20' 40"
E. 264.59 feet; thence S. 25° 17' 00" E. 157.46 feet; thence
S. 18° 41' 52" E. 112.27 feet; thence leaving said right-
of-way line S. 83° 48' 00" W. 872.80 feet along the Southerly
line of said H.E.S. No. 131 to Corner No. 1 of said H.E.S.
No. 131, the point of beginning.
The above described parcel of land contains 23.00 acres, more
or less.
The above described parcel of land is subject to a 15 foot
ditch easement being 7.5 feet on each side of the following
described centerline:
Beginning at the headgate of said ditch being a point on the
Easterly bank of West Elk Creek whence the Southeast Corner
of Sec. 32 in Township 4 South, Range 91 West of the Sixth
Principal Meridian bears: S. 24° 38' 06" E. 255.00 feet;
thence along said centerline S. 85° 53' 08" E. 176.67 feet;
thence S. 66° 27' 12" E. 166.79 feet; thence S. 47° 34' 53"
E. 35.98 feet to a point on the Southerly line of said H.E.S.
No. 131.
WHEREAS, the Petitioners have shown to the satisfaction of the Board of
County Commissioners of Garfield County, Colorado, that they desire said exemption
for the purpose of re -sale into single-family residential acreage; and,
WHEREAS, the Petitioners have demonstrated to the satisfaction of the Board
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) Section 30-28-101 (10) (a) - (d)
as amended;
NOW THEREFORE, upon motion of L�� - 1,)e jc\Sc1(e 2- seconded by
t,%ee.e,.yt Se- and carried, said 23 acre tract of land is hereby
exempted from such definition and transfer of said tract may be made by division
into two (2) tracts of 20 acres and 3 acres, more or less, all as is more fully
described above, and further, that a proper legal description be prepared prior to
the conveyance when recorded shall be filed with this Resolution.
Dated this �1fC day of , A.D. 1977.
Attest: al ,('{/, /1/(C/L
De uty of the Boa) -d
of County Commissioners
Garfield County, Colorado
2
THE BOARD OF COUNTY COMMISSIONERS
OF GARFIELD COUNTY, COLORADO
'1 /.)
Richard C. Jolt y,/ Chairman'
1/ i