HomeMy WebLinkAbout3.0 Resolution 79-127:k000rded -t __.. o'clock
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�-;aoeption No ko ( , 1,1t1dred Aladorf, Recorder
OCT 2 1979 sonK 537 mE2o3..
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF
GARFIELD COUNTY, COLORADO
RESOLUTION NO.79-127
WHEREAS, Gary P. Spevere 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 10.0 acre tract described as follows: that parcel of land as described in
Book 457 at Page 363 as filed in the Office of the Clerk and Recorder of
Garfield County into 2 tracts of approximately 4.679 acres each, more or less,
which proposed divided tracts are more particularly described as follows:
Tract A: A portion of Tract No. 61 in Section 35, T.5S. R.92W
of the 6th Principal Meridian, according to Plat No. 1 of the
Antlers Orchard Development Co. on record in the office of the
County Clerk and Recorder of Garfield County, Colorado, other-
wise described as the W2 of the SW/ of the SW2 of the SEZ of
said Section 35, and being more particularly described as follows:
Beginning at a point on the northerly right-of-way line of County
Road No. 233 from which point the SW corner of said Section 35,
an axle monument found in place bears S.89°07'24"W. a distance of
2672.13 feet; thence N.00°17'25" W. a distance of 630.40 feet;
thence S.89°56'53"E. a distance of 325.10 feet; thence 5.00°02'21"E.
a distance of 630.20 feet to a point on the northerly right-of-way
line of County Road No. 233; thence 5.89°53'42"W. and along the
northerly right-of-way line of said County Road No. 233 a distance
of 322.80 feet more or less to the Point of Beginning. Containing
4.679 acres more or less.
Tract B: A portion of Tract No. 61 in Section 35, T.5S. R.92W. of
the 6th Principal Meridian, according to Plat No. 1 of the Antlers
Orchard Development Co. on record in the office of the County Clerk
and Recorder of Garfield County, Colorado, otherwise described as
the E' of the SW4 of the SWi of the SE1/4 of said Section 35, and being
more particularly described as follows: Beginning at a point on the
northerly right-of-way line of County Road No. 233 from which the
SW corner of said Section 35, an axle monument, found in place,
Boox 537 nGE2O4
bears S.89°07'24"W.'a distance of 2672.13 feet; thence N.89°53'42"E.
and along the northerly right-of-way line of said County Road No. 233,
a distance of 322.80 feet to the 'SE corner of Tract A, said SE
corner being also the True Point of Beginning of Tract B, thence
N.00°02'21"W. a distance of 630.20 feet; thence S.89°56'53"E. a
-;distance of 325.10 feet; thence S.00° 1243"W. a distance of 630.00
feet to a point on the northerly right-of-way line of said County Road
No. 233; thence S.89°53'42"W. and along the northerly right-of-way
line of said County Road No. 233 a distance of 322.80 feet more or
fess to the True Point of Beginning of Tract.B. Containing 4.679 acres
more or Tess.
Tract A and Tract p are located in the State of Colorado and County
of, Garfield; and
WHEREAS, the Petitioner has demonstrated to the satisfaction of the Board
of County, Commissioners of Garfield County, Colorado, that the proposed division
does not fall within the purposes of Part 1, Article 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 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
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;
WHEREAS, the division of the above described tracts "A" and "B" from the
above described 10.0 acre tract is hereby exempted from such definitions and
said tract may be divided into tracts "A" and "B", 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 condition
and with the express understanding and agreement of the -Petitioner that no further
exemptions be allowed on said tracts "A" and "B", and that a copy of the instru-
ment or instruments of conveyance when recorded shall be filed with this Resolution.
Dated this
ATT EST :�4/Y1
De uty Cl f r of the Boa
of Count, Commissioners
Garfield County, Colorado
day
u 53'7 r 2OS
. D. 1979
THE BOARD OF COUNTY COMMISSIONERS
OF GARFIELD COUNTY, COLORADO
By) --„J -y
Chai Tm<in