HomeMy WebLinkAbout3.0 ResolutionJ
RESOLUTION
WHEREAS, DOI.IALD C. WALLEF. and JUDY WALLER have petitioned
the Board of County Commissioners of Garfield COunty, Colorado,
for an exemption pursuant to C.R.S. 1973, 30-28-101 (10) (d)
and the Suhdivision Regulations of Garfield County, Colorado,
adopted l september, L972, Sections L.0?.L7 (b) and 3.02.01,
for the exemption of a tract of land containing two (2) acres,
more or 1ess, being that trvo (2) acres, more or 1ess, situate
on the NE corner of the following described property:
A tract of land in Lots 16 and 2A, Secticn 28, and Lot 2,
Section 33, all in Township 7 South, Range 88 West of the 6th
Principal Meridian, described as follows:
Beginning at Corner # 1, whence the East l/4 corner of
Section 28, Township 7 South, Range 88 West, bears
N. 89"34'8. 1I0.52 feet and N. 38"13'20" E. 1698.80
feet; thence S. 89034r W. 860.08 feet to Corner *2,
which is a point on the Easterly ROW line of the D. &
R.G.W. Railroad; thence along said ROW lineS. 22"51'25" E. 133.50 feet to Corner #3; thence
along the arc of a 3.49o curve to the left 294.L9
feet (said curve having a radius of 1641.53 feet)
to Corner #4i thence S. 33007'25" E. 1154.39 feet
to Corner #5; thence leaving said railroad RO!{
N. 0Io116' W. 885.00 feet to Corner #6i thenceN. 88044' E. 15.00 feet to Corner #7i thence N.01o16'
W. 182.40 feet to Corner #8; thence N. 88o44' E.
54.48 feet to Corner #9i thence N. 01015r W. 286.2Lfeet io corner #1, the point of beginning, containing
13.568 acri'es, more or 1ess.
Together with an easement and right-of-vray for utilitypurposes and as a road.way for ingress and egress to thereal property hereinabove described to be used in
common with adjoining property owners, including theheirs, personal representatives and assigns of said parties
aIong, over and across the following described tract, to-wit:
tseginning at Corner #7 of the above descrj-bed tract, thence
N. 88"44'E. 205.00 feet to the westerly ROW line ofState Highway 133; thence along said ROI^I N. 01o15' W.
60.00 feet; thence S. 88o44' W. 205.00 feet to theEasterly sideline c,f the above described tract; thence
S.01016r E. 60.00 feet to the point of beginning.
Less that property conveyed to the Carbond.ale SanitationDistrict by deed recorded in Book 437 at Page 553of the Garfield County records. The property in the
ownership of the peE,itioners' herein is zoned Commercial,/
General.
*
WHEREAS, the petitioners have shown to the satisfaction of
the Board of County Commissioners of Garfield County, Colo-
rado, that they desire such exemption for the purpose of
retention of such tract and re-sale of the balance of the
property, said retained tract to be used as a residence by
petitioners and for such other uses as are allowed by the
Garfield County Zoning Regulations, and
WHEREAS, petitioners have demonstrated to the satisfaction
of the Board that the tract sought to be exempted is ad.equately
served by all utilities including water, sewer, natural gas,
electricity and telephone and that there is adequate ingress
and egress to the tract, and that the requested exemption
is in accordance with the general purposes and intent of
th9 Subdivision Regulations of the State of Colorado and
the County of Garfield, and should therefore be exempted from
the definition of the term "subdivision" and "subdivision
sub-divid,ed. land" as set forth in C.R.S. L973, 30-28-101
(10) (d) and, the Subdivision Regulations of Garfield County,
Colorado, ad.opted l september, L972, Sections 1.01.17 (d)
and 3.02.01.
NOW, THEREFORE, upon Motion of Flaven Cerise
and unanimouslyseconded by Pete Mattivi
carried, the tract hereinabove described, is hereby exempted
from such definitions and. the transfer of such tract may be made
separately by conveyance all as more fuIly described in
Petition pertaining hereto, provided. that Donald C. Waller
and Judy Wal1er by their acceptance of this Resolution agree
that the parcel sought to be exempted. shall be surveyed
-2-
rl e,
by a licensed surveyor and an exact description thereof be
provided the county Planning office and this Board prior to
any conveyance. Eurther, a copy of the instrument of conveyance
of the balance of the property, when executed and record.ed,
sha1l be filed with this Resolution.
Dated this
Colorado.
27Lb day of May, 1975, at Glenwood Springs,
THE BOARD OF COUNTY COMMTSSIONERS
OF ELD COUNTY COLO
L
oner