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HomeMy WebLinkAbout3.0 Resolution 79-68800K 530 PbGE879 y`:_t JUL 5 �i9 oorded at o'clock—A_M Reception ITo. Mildred Alsdorf, Recorder BEFORE THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO RESOLUTION NO. 79-68 WHEREAS, Wilbur Zordell 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 23.0 acre tract described as follows: that parcel of land as described at Page 195 of Book 527 and Page 198 of Book 527 on file in the Office of the Clerk and Recorder of Garfield County, Colorado into 3 tracts of approximately 7.75, 7.64, and 7.73 acres each, more or less, which proposed divided tracts are more parti- cularly described as follows: Tract A: A parcel of land situated in the SE' of Section 12, Township 6 South, Range 92 West of the Sixth Principal Meridian, lying Southerly of the centerline of the Colorado River, described as follows: Beginning at the North one quarter corner of Section 7, Township 6 South, Range 91 West of the Sixth Principal Meridian; thence S.35°02'39" W. 5652.48 feet; thence North 738.00 feet; thence West 325.04 feet to the true point of beginning; thence West 233.00 feet; thence N.20°00'00" W. 1158.24 feet to a point in the center of the Colorado River; thence N.61°33'01" E. 328.00 feet along said centerline; thence S.15°19'00" E. 1290.45 feet to the true point of beginning. The above described parcel of land contains 7.64 acres, more or less. Tract B: A parcel of land situated in the SE4 of Section 12, Township 6 South, Range 92 West of the Sixth Principal Meridian, lying Southerly of the centerline of the Colorado River, described as follows: Beginning at the North One Quarter Corner of Section 7, Township 6 South, Range 91 West of the Sixth Principal Meridian; thence S.35°02'39" W. 5652.48 feet; thence North 738.00 feet; thence West 140.00 feet to the true point of beginning; thence West 185.04 feet; BOOK 530 F33E8 3O thence N.15°19'00" W. 1290.45 feet to a point in the Center of the Colorado River; thence N.61°33'01" E. 13.39 feet along said center- line; thence N.69°28'35" E. 250.17 feet along said centerline; thence. N.80°39'21" E. 64.67 feet along said centerline; thence S.09°04'00" E. 1366.62 feet to the true point of beginning. The above described parcel contains 7.73 acres, more or less. Tract C: A parcel of land in Section 12, Township 6 South, Range 92 West of the Sixth Principal Meridian, lying Southerly of the centerline of the Colorado River, described as follows: Beginning at a point whence the North One Quarter of Section 7, Township 6 South, Range 91 West of the Sixth Principal Meridian bears: N. 35°02'39" E. 5652.48 feet; thence North 738.00; thence West 558.04 feet to the true point of beginning; thence West 318.00 feet to point in the center of a gulch; thence N. 01°52'47" W. 142.06 feet along the center of said gulch; thence N. 27°56'41" W. 448.28 feet along the center of said gulch; thence N. 48°03'12" W. 121.91 feet along the center of said gulch; thence N. 13°52'34" W. 174.31 feet along the center of said gulch; thence N. 08°45'50" W. 160.55 feet to the center of said River; thence N. 81°14'10" E. 47.09 feet along the center of said River; thence N. 61°33'01" E. 281.00 feet along said River; thence S. 20°00'00" E. 1158.24 feet to the true point of beginning. Said parcel contains 7.75 acres, more or less in the State of Colorado and County of Garfield; 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 created is not large enough to proceed through full subdivision review; 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 BOOK 530 PAGESS1 forth in C.R.S. 1973, 30-28-101 (10) (a) -(d), as amended; NOW, THEREFORE, upon the motion of Larry Velasquez , seconded by R.C. Jolley and carried, the division of the above described tracts "A", "B", and "C" from the above described 23.0 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 con- veyed 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. Dated this 2nd day of July , A.D. 1979. ATTEST: tTh�t,�-CC,� Dep ty Cl J k • f the al'd of ounty Commissioners - Garfield County, Colorado THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO " `Chairman"