HomeMy WebLinkAbout2.0 Resolution 79-37Recorded at o'clocsk4—.R�. MAY 11979
Reception No. 2935-24• Mildred Alsdorf,' Reoorder
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF
GARFIELD COUNTY, COLORADO
RESOLUTION NO. 7q-37
BOOK
WHEREAS, The Williams Trust 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 100
acre tract described as follows: A parcel of land containing 100 acres, more or
less, in Township 5 South, Range 90 West of the Sixth Principal Meridian, in
the County of Garfield, State of Colorado, more particularly described as follows,
to -wit:
Parcel I: Section 25: W%ZSW, and SE14-SW,, lying easterly of Canon Creek.
Parcel II: Section 36: (a) NWlil lying easterly of Canon Creek, EXCEPT
that portion of said NWq lying southerly of the former County Hiqhway, which
highway also formerly constituted the State Highway, and that portion of said
NWn situate within the River View Subdivision according to the amended plat
thereof recorded in the office of the Clerk and Recorder of said county as
Doc. No. 241679, (b) G -?rcel of land situate in the EzNW,, lying northerly
of the northerly right-of-way of the Interstate 70 Access Road, being more
particularly described as follows:
Beginning at the Northwest Corner of said Section 36, a rock found in
place; thence S. 44023'05" E. 2018.42 feet to a point on said northerly right-
of-way; thence N. 87031'00" E. 388.84 feet along said right-of-way to the
"True" point of beginning; thence leaving said right-of-way, N. 0404238" l -J.
110.98 feet; thence N. 81007'13" W. 5.89 feet; thence N. 07040'47" W. 222.18
feet; thence N. 69023'36" E. 210.15 feet; thence S. 05014'16" E. 399.16 feet
to a point on said right-of-way; thence S. 87031'00" W. 188.70 feet along said
right-of-way to the "True" point of beginning, EXCEPT any Dortion thereof
situate within that certain property described in a deed recorded in the office
of the Clerk and Recorder of said county as Doc. No. 274583, into 3 tracts of
approximately 63.3, 11.71, and 4.99 acres each, more or less, which proposed
divided tracts are more particularly described as follows:
Tract A: A parcel of land situated in the W12SW14 of Section 25,
Township 5 South, Range 90 West of the Sixth Principal Meridian,
lying Easterly of the Canyon Creek centerline, Southerly of the
BOOK 5.7 ME633
East-West centerline of said Section 25 and Westerly of the Easterly line
of said W%SW,; said parcel of land is described as follows:
Beginning at the Southwest corner of said Section 25, a 1" x 8" x 6" Red
Sandstone found in place; thence N. 56010'21" E. 1450.10 feet to a point
in the center of said creek; thence N. 78010'50" E. to a point on the
Easterly line of said WIzSW4; thence Northerly along the Easterly line of
said W%SW,, as taken from Government Land Office Plats, to the Northerly
line of said WZSW„, thence leaving said Easterly line, Westerly along
the Northerly line of said WZSW,, as taken from Government Land Office
Plats to said Canyon Creek centerline; thence leaving said Northerly line
S. 16059'39” E. 80.00 feet, more or less, along said Creek centerline;
thence S. 27018'55" E. 165.76 feet along said centerline; thence S. 22020'20"
W. 176.98 feet along said centerline; thence S. 04059'02" W. 270.22 feet
along said centerline; thence S. 04059'02" W. 20.66 feet along said centerline;
thence S. 24004'47" E. 405.48 feet along said centerline; thence S. 1401712"
W. 127.03 feet along said centerline; thence S. 03033139" E. 161.52 feet
along said centerline; thence S. 21041'43" E. 218.73 feet along said center-
line; thence S. 09018'05" E. 180.37 feet along said centerline to the true
point of beginning, containing 11.71 acres, more or less.
Tract B: A parcel of land situated in the SW 4SW, and SE 4SW,, of Section 25
and in the N'ZNWQ of Section 36, Township 5 South, Ranqe 90 blest of the
Sixth Principal Meridian, lying Easterly of the Canyon Creek centerline;
said parcel of land is described as follows:
Beginning at the Northwest corner of said Section 36, a 1" x 8" x 6" Red
Sandstone found in place, thence S. 85033'48" E. 1373.32 feet to a rebar
and cap in place, the "True" point of beginning; thence N. 00036'16" W.
945.89 feet to a rebar and cap in place; thence S. 78010'50" W. 157.99
feet to said Canyon Creek centerline; thence S. 09018'05" E. 22.85 feet
along said centerline; thence S. 04008'06" W. 424.03 feet along said
centerline; thence S. 23038'42" W. 180.64 feet along said centerline;
thence S. 18027'32" W. 82.82 feet along said centerline; thence S. n00
58'43" W. 50.08 feet along said centerline; thence S. 25058'48" E. 96.95
feet along said centerline; thence S. 35039'26" E. 82.11 feet along said
centerline; thence leaving said centerline S. 86031'08" E. 209.07 feet
to a rebar and cap in place, the true point of beginning, containing
4.99 acres, more or less, in the State of Colorado and County of Garfield;
and
aoox 527 PAGE6,
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
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 ofseconded by
0. Jollew and carried, the division of the above described
tracts "A" and "B" from the above described 100 acre tract is hereby exempted
from such definitions and said tracts 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 afore-
said 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 instrument or instruments of conveyance when recorded
shall be filed with this Resolution.
Dated this 3otL day of A.D. 1979.
ATTEST:A4,11rW-411AZLi
Dep ty Cl k of the Board
of County Commissioners
Garfield County, Colorado
THE BOARD OF COUNTY COMMISSIONERS
OF GARFIELD COUNTY, COLORADO
Chairman '
