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HomeMy WebLinkAbout3.0 Resolution 79-10400.,� .SEP 2 J. 1975 ce r,iea �� i l o -M1 Bou Jr' 35 PAGE'�'28 aild ^od Al dorf, Recorder BEFORE THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO RESOLUTION NO. 79-104 WHEREAS, William L. Weide and J. B. Dennie have 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 9.6 acre tract described as follows: that parcel of land as described in Document No. 295486 as filed in the Office of the Clerk and Recorder of Garfield County, Colorado into 2 tracts of approximately 4.8 and 4.8 acres each, more or less, which proposed divided tracts are more particularly described as follows: Tract A: A tract of land situated in Lots 9 and 18, of Section 32, Township 7 South, Range 87 West of the Sixth Principal Meridian, Garfield County, Colorado, described as follows: Beginning at a point whence an iron post with a brass cap found in place and properly marked for the southeast corner of Section 33, in said Township and Range, bears: S. 82038'00" E. 318.75 feet and S. 66°56'42" E. 7923.014 feet; thence S. 02°30'15" W. 1335.12 feet; thence N. 82°38' W. 156.31 feet; thence N. 2°22'24" E. 1335.38 feet; thence S. 82038' E. 159.37 feet to the point of beginning and containing 4.82 acres, more or less. Tract B: A tract of land situated in Lots 9 and 18, of Section 32, Township 7 South, Range 87 West of the Sixth Principal Meridian, Garfield County, Colorado, described as follows: Beginning at a point whence an iron post with a brass cap found in place and properly marked for the southeast corner of Section 33, in said Township and Range, bears: S. 66°56'42" E. 7923.014 feet; thence S. 82038' E. 159.38 feet; thence S. 2022'24" W. 1335.38 feet; thence N. 82°38' W. 156.32 feet; thence N. 02014'13" E. 1335.65 feet to the point of beginning and containing 4.82 acres, more or less. WHEREAS, the Petitioners have 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, BOOK 535 PAGE729 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 Petitioners have 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 9.6 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 Petitioners that no further exemptions be allowed on said tracts "A" and "B", and that a copy of the instrument or instruments of conveyance when recorded shall be filed with this Resolution. Dated this 10th day of September, A.D. 1979. THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO