HomeMy WebLinkAbout3.0 Resolution 79-36Recorded at ' o' clock M MAY 11979
Reception No. 2 82 Mildred Alsdorf, Recorder
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF
GARFIELD COUNT\', COLORADO
RESOLUTION NO.7'j-34
BOOK 527 P AGED
WHEREAS, John White 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 3.54 acre tract described as follows: that property as described in Book
474 at Page 409 of the Office of the Clerk and Recorder into 3 tracts of
approximately 1.0 acres each, more or less, which proposed divided tracts
are more particularly described as follows:
Tract A: A parcel of land situated in the NW4SW4 Section 5,
Township 6 South, Range 88 West of the Sixth Principal Meridian,
County of Garfield, State of Colorado. More particularly described
as follows:
Beginning at a point on the northerly right-of-way for State
Highway 6 and 24, whence the West Quarter Corner of Section 5,
Township 6 South, Range 88 West of the Sixth Principal Meridian
bears N. 41021'10" a 742.67 feet, thence N. 71°16'00" W. 132.52
feet along the northerly right-of-way line of State Highway 6 &
24, thence North 191.73 feet; thence N. 00°07'00" W. 320.14 feet
to a point on the northerly line of the NW1/4SW4 Section 5, Town-
ship 6 South, Range 88 West of the Sixth Principal Meridian;
thence S. 89°29'00" E. 66.96 feet along the northerly line of
said NW4SW4j thence S. 00°03'00" E. 396.26 feet; thence East
58.71 feet; thence S. 00°03'00" E. 157.57 feet to the point of
beginning. Said parcel containing 1.00 acres, more or less.
Tract B: A parcel of land situated in the NW1/4SW1/4 Section 5,
Township 6 South, Range 88 West of the Sixth Principal Meridian,
County of Garfield, State of Colorado. More particularly
described as follows:
Beginning at the West Quarter Corner of Section 5, Township 6
South, Range 88 West of the Sixth Principal Meridian; thence
BOOK 527 PAGE63G
S. 41°21'10" E. 742.67 feet to a point on the northerly line of
State Highway 6 and 24; thence N. 00°03'00" W. 157.57 feet to
the point of beginning; thence West 58.71 feet; thence N. 00°03'00"
W. 396.26 feet to the North line of the NW4SW4 of said Section 5;
thence S. 89°29'00" E. 154.68 feet along said North line; thence
S. 13°01'45" E. 338.92 feet; thence S. 00°03'00" E. 64.67 feet;
thence West 19.26 feet to the point of beginning. Said parcel
containing 1.00 acres, more or less.
Tract C: A parcel of land situated in the NW4SW4 Section 5,
Township 6 South, Range 88 West of the Sixth Principal Meridian,
County of Garfield, State of Colorado. More particularly described
as follows:
Beginning at a point on the northerly rioht-of-way line of State
Highway 6 and 24; whence the West Quarter Corner of Section 5,
Township 6 South, Range 88 West of the Sixth Principal Meridian
bears N. 41°21'10" W. 742.67 feet; thence N. 00°03'00" W. 157.57
feet; thence East 19.26 feet; thence N. 00°03'00" W. 64.67 feet;
thence N. 13°01'45" W. 338.92 feet to a point on the North line
of NW4SW4 of said Section 5; thence S. 89°29'00" E. 215.79 feet
along said North line; thence S. 00°03'00" E. 38.00 feet; thence
S. 42°05'30" W. 391.13 feet; thence South 54.67 feet to the center-
line of the Broughton Ditch; thence S. 63°08'40" E. 37.84 feet
along the centerline of the Broughton Ditch; thence S. 03°09'10"
E. 44.55 feet; thence S. 64°30'40" E. 77.05; thence S. 28°41'30"
W. 116.50 feet to the northerly right-of-way line of State Highway
6 and 24; thence along said northerly right-of-way 103.42 feet
along the arc of a curve to the right having a radius of 1860 feet
and a chord which bears N. 73°28'15" W. 103.21 feet, to the point
of beginning. Said parcel containing 1.54 acres, more or less; 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 is not large
enough to proceed through the subdivision procedure; and
WHEREAS, the Petitioner has demonstrated to the satisfaction of the Board
BOOK 527 PAGE637
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;
NOW, THEREFORE, upon the motion of
P . I(c.{ , and carried,
tracts "A", "B", and "C" from the above
1 a.,rY y V ekksq vez-
the division of the above described
described 3.54 acre tract is hereby
exempted from such definitions and said tract may be divided into tracts
"A", "B", and "C", 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", "B", and "C", and that a copy of the instrument
or instruments of conveyance when recorded shall be filed with this Resolution.
seconded by
Dated this EitgiL day of
ATTEST: ianrI
n
Dep..ty Cl: k • the Board
of County ommissioners
Garfield County, Colorado
, A.D. 1979.
THE BOARD OF COUNTY COMMISSIONERS
OF GARFIELD COUNTY, COLORADO