HomeMy WebLinkAbout2.0 Resolution 79-28ecorded at - - o cIoa M MAR 2. 1 197
29;4
02
Oception :iio .. 8 Mildred Aisdorf, Recorder:
0.194
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF
GARFIELD COUNTY, COLORADO
RESOLUTION NO. 79-28
WHEREAS, W G;'Wigington 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 Subdivison Regulations of Garfield County, Colorado,
adopted January 2, 1979,.Sections 2.02.21 d and 3.02.01 for the division of
a 542 acre tract into 2 tracts of approximately 535 and 7.0 acres each, more
or less, which proposed divided tract is more particularly described as follows:
Tract A: A parcel of land lying in the Southwest 4 of the Northeast 4,:.•
of Section 4, Township 6 South, Range 93 West of the 6th P.M., County of
Garfield, State of Colorado, more particularly described as follows:
Commencing at the Center of :said. Section 4; . thence N 89047'03" E., along
the East/West centerline of .Section 4, a distance of 743.79 feet to the
POINT OF BEGINNING; thence continuing N 89047'03" E., along said East/West
centerline a distance of 152.00 feet to a point which lies 1738.62 feet
from the East 1/4 of Section 4, also being the northerly right of way
line of a County Road as established by a fence line in place; thence
N. 44032'24" E., along said fence line, a distance of 181.63 feet; thence
N. 63051'17" E., along said fence line and northerly right of way line, a
distance of 302.6.5 feet to a point 20 feet westerly of the East line of
th9 Southwest 1/4 of the Northeast 1/4 of Section 4; thence N 0°30'36" W.,
paralled to and 20 feet westerly of said East line of the Southwest 1/4
of the Northeast 1/4 of Section 4, a distance of 170.00 feet;` thence
N 45000100" W a distance; of 70.71 feet;' thence S 90°00'00" W a distance
of 867.86 feet to a point on the centerline of Government Creek; thence
S 4°19'30" W., along said centerline of Government Creek, a distance of
28.86 feet; thence S 10027''30" E., continuing along the centerline of
Government Creek, a distance of 131.00 feet; thence S 54°04'30" E., along
the centerline of Government. Creek, a distance of 386.00 feet; thence '
S. 18°57'30" E., along the centerline of Government Creek, a distance of
105.00 feet to 'the Point of Beginning. Containing 7.00 acres, more or less.
WHEREAS, the Petitioner has demonstrated to the satisfaction of the
Board of County Commissioners of Garfield County, Colorado, that the proposed
division does not fallwithin the purposes of Part 1, Article 28, Title 30,
Colorado Revised Statutes 1973,.as amended, for the reason that Colorado
State Highway No. 13 splits the property into two tracts, 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 adequateingress 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 subdivisiorr.
BTM,'
524 Cfi iE
.regulations of .',the State of . Col orado and the County of Garfi el d, :and should,.
therefore, be exempted from the definition of the terms "subdivision" and
'.'subdivided land" as set forth i nCRS ,. 1973, 30-28-101 •(10) (a)• -(„d), as
mende
NOV,'; THEREFORE.,, upon thea motion of Larry: Velasquez seconded by
R C Jolley ' and carried,' the=division'• of the above described
t•
ract "A" from the above described • 542 acre tract.is hereby exempted from
such.`defini'tions and said "tract may.be..divided into tracts "-A", 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 thecondition and.. with. the express understanding and agreement
of the Petitioner that no• further exemptions be allowed on said tract,"A",'
and 'that a copy, of .the -instrument or instruments of conveyance when recorded
shall be filed. with this: Resolution:
-
. Dated this 19th day of March A D..1979
•
THE. BOARD OF COUNTY :COMMISSIONERS
OF GARFIELD COUNTY,: COLORADO.
ATTEST: lf/',I.0
Deputy'Cl' rk of the Bo' rd
of .Count : Commissione`s
• Garfield County, Colorado