HomeMy WebLinkAbout3.0 Resolution 82-50STAT; OF COLOF.ADO )l"'
County of Garfield I
At a.....................LS.99].e.{ .....nreeting of the Board of County Ccmmissioners for
held at the Court House in Glenwood Springs on'..'....'.......'...'U.gP'C.ey....-. """""""", the""'
Yereh
- ri^*,i il; 3t.u*"ll:::::::::::: , commisioner chairman
.......Et-r.s.9'-'.9...P..r+.lki'.gp..s-9.................. , commissioner
......]:*:f..y...L9.13.:.q!'..e.?... , commissioner
i[I*ln'[ ctlifiE; -qspurr :: :n.-':,i;;;"J.
when the following proceedings, among others were had artd done, to-wit:
Garfield CountY, Colorado,
........}.e.!.................. day of
RESOLUIION NO. 82-50
A RESOLUTION CONCERNED WlTIl GRANTING AN EXEMPTION FROM Tf]E GARFIELD COUNTY SLIBDIVISION
REGULATIONS FOR CARL V. PITTS.
WHEREAS, Carl V. pitts has petitioned the Board of County Commissioners of Garfield
County, Colorado, for an exemption from the definition of the termsttsubdivisionttand
"subdivided land" under C.R.S. 1g73, 30-28-10I (10) (a)-(d), as amended, and the Subdivision
Regulations of Garfield County, Colorado, adopted January 2, Lglg, Sections 2'02'21 (d)
and 3.02.0I for the division of aJL) acre tract described as follows: that parcel of
land as described in Documenr No . j tTCS,A;:s f iled in the of f ice of the Clerk and Recorder
of the Garfield County, Colorado into 4 tracts of approximately '03' '03, '11 and the
remainlng acres each, more or Iess, which proposed divided tracts are more particularly
described as follows:
TMCT A:
TMCT B:
TMCT C:
A strip of land situated in the SE>6FP4 of Section 4, and the 551-oNEk of Section
g, all in Township 6 South, Range 92 West of the Sixth Principal Meridian,
Garfield County, Colorado, lying Westerly of the Westerly boundary line of
the TARA SUBDIVISION p.U.D. in the Town of Silt, Colorado' as filed in the Gar-
field County, Colorado records, all lylng Westerly of the following described
line:
Beginning at a point on the Westerly line of said subdivision, whence the
Southeast Corner of said Section 4 bears: S.82"18'13"E. 1325.23 feet; thence
s.00"35'00"w. (record s.00'45'00"I,tr.) 68.66 feet along said westerl-y line;
thence s.00'28'00"w. (record s.00'38'00"w. ) along said westerly line , 294.84
feet to a point on the West line of said NE%NE% as established by a Section
split-out of said Section 9.
Also a strip of land situated in the NE%NE% of Section 9, Township 6 South,
Range 92 West of the Sixth Principal }leridian, Garfield County, Colorado,
being Southerly of the TARA SUBIVISION P.U.D. in the Town of Si1t, Colorado
as filed in the Garfield County, Colorado records, and Northerly of a parcel
of land described by Reception No . 269078 in Book 4-/8 of Page 100 as filed
in the Garfield CountY records.
The above two descriptions define the cournon boundary lines between I1r'
Carl V. Pitts and }lrs. ELizabeth Terrell.
A strip of land situated in the SE>6e4 of Section 4, Township 6 South,
Range
-92 West of the Sixth Principal }leridian, Garfield County, Colorado
lying Southerly of the Southerly bank of the Lower Cactus Val1ey Ditch,
westerry of rhe I{est boundary line of the TARA SLiBDMSION P.U.D' in the
Tor^,n of Silt, Co1oraclo as filed in the Garfield Ccunty records, being more
fu1ly describefl L,esterly of the follorving described 1irre.
Beginning at a point on the west line of said subdivision, whence the south-
east corner of said Section 4 bears: S.82"18'13"8. 1325'23 feet; thence
N.00"35'00,'E. (record N.00"45'00"E.) a10ng the west boundary line of said
subdivision, 414.56 feet to the Northwest corner of said subdivision, also
being a point on said Southerly ditch bank.
This description defines the
and l"Irs. Mabel M. Harness.
cotrtrnan boundary line between Mr' Carl V' Pitts
I!,IIEREAS, the Petitioner has demoirstrated to the satisfaction of the Board of
County Corunissioners of Garfje1d Corrnty, Colorado, tltat the proposed divlslon does
not fa1l rvithin the purposes of Part l, Article 28, Title 30, Colorado Revised
Statutes 1973, as amended, for the reason that the proPerty splits are so1ely
for the purposes of adjusting property boundaries, 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 tbe location of septic tanks
will be pernr-ltted 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 i'subdi-vision" and "subdivided land" as set forth in C.R.S. 1973'
30-28-101 (10) (a)-(d), as amended;
NOW, THEREFORE, BE IT RESOLVED rhat the division of the above described tracts
ttAtt, ttBt', and t'Ct'from the above described acre tract is hereby exempted from
such definitions and said tract may be divided into tracts t'Att, "Btt, and ttCtt, 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 agreenrent of the Petitioner
that no further exeuptions be allowed on said tracts ttAt', ttBtt, and ttctt, and that a
copy of the instrument or instruments of conveyance when rec,rrded shall be filed
with this Resolution.
ATTEST:BOARD OF COUNTY COMMISSIONERS
GARFIELD COUNTY, COLORADO
Chairman
upon motion .li ffi:y#.y,i:e"ff "s'::::: ::'"::::: :::.:::::: :: :: il:wins
vote:
Commi.ssioners
srArEoFcoLoRADo I
Iss
County of Garfield I
I, .........,........ ,..,., County Clerk and ex-officio Clsk of the Board of County Commissioners
in and for the county and state aforesaid do hereby certify that the annexed and foregoing ordec is u-uly copied from the Records of
the Proceedings of the Board of County Commissioners for said Garfield County, now in my office'
IN WTNESS WHEREOF, I have haeunto set my hand and affi:<ed the seal of said county' at Glenwood SprinS,
this....................day of ...'....' "' , A' D' 19 """""""
county c)erk and ex-officio clerk of the Board of county commissioners.