HomeMy WebLinkAbout2.0 ResolutionBEFORE THE BOARD ()F COUNTY COMMISSiONERS OF
GARFIELD COUNTY, COLORADO
RESOLUTION
WHEREAS, LESLIE V. t^lHEELER has petitioned the Board o1'county comnrissioners
of Garfield county, colorado, for an exentptjon under c.R.s. (.l973) Section
30-28-l0l (.10)(a) - (d) as amended, and the Subdjvisjon Regula,tions of Garfleld
countyn colorado, adopt.ed September 1, 1g72 and am"ended April .|4, 1975, Secticns
1.02.17 (d) and 3.Q"l.or, fs.r.. the division of I 7i ac.-,re tract 'into 2 tracts
of approxirnately 34,and 43 drpres more or less, more part.icularly described as
,,1
fol I ols :
The SEkSl,J% Section 4, Tp. 65, R. 92 w., 6th P.l'1., except'ing-and
reserving, however, ill that part of the said SE%SN% which ljes
North of the cenier of the County Road running thru sajd subd'ivision;
sai d excepted porti on be'i ng descri bed as fol I ovrs : Beq j nn"ing a t a
point, which ii the Northeist corner of the sa'id SEkSWla,'thertce
i^lest i320 feet; thence South 525 feet; thence Nor"theaster'ly to a
point on the East line of sajd SE%S1,114, which poi!!-is- .I75 feet
due south from point of beginning, thence North .l75 feet to
piu.. of beginninq. Also [ot numbered l, Section 9,'[p. qS, R.
bZ W., 6th F.N., less the rajlroad pight-of-rvay and 1g55 1.478
acres for H'ighrvay put poses toclether wit,h all water and water
rights .onn.it.d"witfr'saicl property, espec'ia1'ly one -share of
st6ck in the Grand Rjver Ditch Company, represented by
Certificate No. 227.
Subject, however, to the prior reservation of one-half of all oil
and nrinerals in or upon the above land'
Except easements and riqhts-of-vray of record or in place and
located on said ProPertY.
l,,tHEREAS, Petit'ioner has demonstrated that no bui'ldinq r'ri'll take p'lace
on saicl 34 acre parcel , and that it is intended for tr'"ildlife refuge and open
space purposes, that the requested division'is in accordance with the general
purposes and intent of the subdjr,'is'ion regulations of the State of Coloradc
and the Count-v of Garfield and that said division w'ill aciualiy restrict the
density of housing within saicl area and should therefore be exemf)ied fror'l
the definition of the terms "subdivision" and "subdivided land" as set forth
in c.R.s. (.l973) Section 30-28-l0l (.l0)(a) - (cl) as amenderi; and that
Pet'itioner agrees to the development of a proper leqal description of said
34 acre tract prior to conveyance of the tract.
NOI,J THEREFORE, upon
J,n
-/.4-*.r-_(!-t.:t_c..o-C2_
Attest: _7-- /{,cL_ .
A
/*4 )Tsrr&ula/ilr+
motion orM- seconcled by
{
and unanimously carried said 77 acre tract of land
is hereby exempted from such definition and transfer of said tract may be
nnde by division into two (2) tracts of 34 and 43 acres, more or'less, al'l
as is more fully described in the Petition pertaining hereto. A copy of the
instrument or fnstruments of conveyance when recorded shall be filecl with
this Resolution..
Dated this 23rd day of February, 1976.
THE BOARD OF COUNTY COI,IMISSIONERS
OF GARFIELD COUNTY, COLORADO
-?-
I
E
County of Garf ield and State of Colora,,of ihc
of thg first pai-t, and
LESLIE V. W]]EELER
oi the county of Garf ield a,d siate of cororado, of the second part:
\YI'INESSE'fi{, That the said part iest thc firsi part, for and in consideration of the sum ofTen Dorlars and other varuable considerations xR$osifi,
to ihe saitl part ies of the first part in hand paid by the said part y of the second part, thc receipt whereof ighcreby confesscd anc aclino'rvledged, haV€ granteci, bargained, soiJ and conveycd, and by these presents dogiant,bargain, sell, convey and confirm, unto the said part y of the second part, his
heirs and assigns forevel, all the follorving describeil lot s or parcel s of land, situate, lying and being in theCounty.af. Garf ield and State of Colorado, to-wit:The SEkSW% Section 4, Tp. 6 S. , R. 92 W. , Gth p.Iv1., excepting. andreserving, however, ar1 that part of. the said sEkswL wrricrr riesNorth of 'the c!-D-ue r of the county Road running thru said sub_division; said--excepted portion Leing described as fol-rows:Beginring at a point, vmich is the Northeast corner of the saidsELswk, thence west 1320 feet; thence south 52s feet; thenceNortheasterry to a point on the Easi rine of said sEkswt, whichpoint is L75 feet. due South from point of beginning, thence NorttrL75 feet to prace of beginning. Arso Lot nu;nbered L, section g,Tp' 6 s-, R'- 92 w-, 6th p.M., less the railroad right of way andIess 3'qA acres for Highway Durposes together with all water andwater rigirts connected wiih said rcroperty, especially one share ofstock in ihe Grand River Ditch cornpany, represented by certificateNo. 227 -
Su:ject, however, to the prioro:1 a:rd rninerals in or u-Don the
Except easerirent.s and rights oflocated on said property.
TOGrr?IiER rv:th all z;d singular the hcrcditanrcn"s and appuriena::ces thereLo belonging, or in anl,rriseappertai:ling, e;g ';Le rcvcrsion and reversions, remaindcr and rcmailccrs, rc:its, issues and profits thercof; and allthe esta'"e, right, title, intercst, claim and <iemand whatsoever oi'the said part ied the first part, either in laworequ:ty, of, in and to ihe above barrained lrenrises. rvith the heroriit:.nontq qrr.t nrrr,*
reservation of one-half of ail
above Iand.
way of recorc or in ptace and
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF
GARFIELD COUNTY, COLORADO
PETITION FOR EXEMPTION
pursuant to C.R,S. (1973) Section 30-28-101 (10)(a) - (d) as amended,
and the Subdivision Regulations of Garfield County, Colorado, adopted
Septernber 1,1972 and amended April 14, .1975, Sections .l.02.17 (d) and
3.02.01, the undersigned LESLIE V. WHEELER respectfully petitions the Board
of County Conmissioners of Garfield County, Colorado, to exempt by resolution
a parcel of land consisting of approximately 34 acres, more or less, legally
descr.ibed as Lot 1, Section 9, Township 6 South, Range 92 tlest, of the
6th P.M. less the railroad right:of-way and right-of-way for Interstate 70,
more fully hereinafter described, from the definitions of "subdivision" and
"subdivision land" as the terms are used and define- in C.R.S. (tgZa) Section
30:2&10'l (a) - (d) and the Garf ield County Subdivis'ion Regulations, for the
reasons stated below:
I.would like to donate this land to the Colorado Fish and Game Department
so they could keep it as a wildlife refuge and open space area.
Submitted at Glenwood Springs, Co]orado, this 23rd day of February,1976.