HomeMy WebLinkAbout2.0 ResolutionRESOLUTIONWHEREAS, SYLMAR VETTRINARY MEDICAL CLINIC" INC. has petitioned the Boardof Coùnty Commissioners of Garfield County, Color.aOl, for an exemptíon underC.R.S. (1973) Section 30-28-l0l ('It) {a) - (d) as amended, and the SubdivisíonRegutations of Garfield County, Co'lorado, adopted September ì, .l972 andamended Apriì li,1975, Sections ì.02.t7 (d) and 3.02.01o for the divisionof a 97 acre tract of land into tvro parce]s of One (1) acre and (Nìnety-six)96 acres, more or'less, and more particuìarly described as follows: ISee Attachrnent "4"., hÍHEREAS, the Pei,itioner has shown to the satisfaction of the Board of.:..'County Commiss'ioners of Garfie'ld County, Colorado, that it desi res saidexemption for the purpose of adding to an adioining existing residential lot,now owned by l'1r:-Bernerd 1,1. Collett, and exemption will not result in :..".. 1additional third-party ownership, and; .. -ì . ., .',. WHÈnfRS, Pet'it'ioner has dennnstrated to the satisfaction of the Board that:-thè requested division is in accordance with the gen'eral purposes anrl intent:.;of ine Subdivisión Regu'lations of the State of Colorado and the County of' ,'-,-'.. " i' ."' , 'r -'Garfield,'and should therefore be.e.ren'pted.from the definition'of the terms _.:"subdivision" and "subdivided.land" as set forth in C.R.S. (i973) Section 30-2B-t01 (.l0) (a) - (d) as amended;secondedTHEREFORE, UPOn motion of ñ.;.r-"-r, ,U2r4 'Ibyand carried unanimously, said 97 acre tractof land is hereby exempted from such definition and transfer of said tract maybe made by division into two tracts of I acre and 96 acres, more or less, aìl tobe included with.in a proper legaì description prior to conveyance, and furtherthat said I acre tract i's to be added to an existing residential parcel andr¡il1 not result in additional thìrd-party ownership. A copy of the instrumentor instruments of conveyance when.recorded shall be filed rlith this Resolution.-:' Dated tnisiilZ4¿ay of Novenòer, A:0. t 976.:,,- ri ].' ' .THT BOARD OF COUNTY COI"IMISSIONERSOF GARFIELD COUNTY, COLORADOAttest:
Legal Dèscrt¡rbton of Land. 0rncd by Sylnar Vetcrlnary !{cillcel Cllnlc, Ine¡(¡ppnoxfrnatcly 9? acrcs dcnotccl by thlok llnc ln flg¡¡re 1)Parcel No. 1: The Northwest Quarter of the Southwest Quarterof Section Ten and the East half of the Northeast Quarter of theSoutheast Quarter of Section Nine, Township Six South, RangeNinety-three lfest of the Sixth Principal Meridian.Together wtih all ditch and water rights appertaining to or used.in'connection therewith, including .2 of a cubic foot of waterper second of time out of Priority No. 73 and .3 of a cubicfoot of water per second of time out of Priorities 54 and 80adjudicated to the Rifte Creek Canon Ditch and including aJ.lrights for the carriage and conveyance of .2 of a cubic foot ofsaid water per second of timer âs more particularly set forth inthat certain agreement between previous owners and the Town ofRifle, a copy of which appears of record as Document L29693 inBook 91 at Page 134 in the Office of the County Clerk and Recorderof Garfield County, Colorado; and also all improvements uponsaid property.Said .2 of a cubic foot of water per second of time out ofPriority No. 73 hereby transferred is from the water rightoriginally adjudicated to the Vetter Ditch and later transferredto the Rifle Creek Canon Ditch. There is excepted. from thisconveyance that part of the land, together with water rightsappertaining thereto and the improvements situate thereon, whichlies West of the County Road.P;i.rce1 No. 2:That part of the NEkSEkSEk Section 9 | Township 6South, Rangie 93 West of the 6th P.¡4., containing 5.3 acres, moreor less, lying north of the North line of the County Road, inplace and in use, the North line of which is described as follows:Beginning at a point on the Easterly line of said Section 9,whence the East k corner of said Section 9 bears N.0"50'W.1573.14 feet, thence S. 69"01r W. 367.05 Ft.; thence N. 87"471W. 321.50 ft. to a point on the lrlesterly line of the said NE|SE|SELof Section 9,Parce1 No. 3:Also the NEkSI{t of Section 10, Tp. 6 S., R. 93 W.,6th P.M. ,less 10acres described as follows: Beginning at theSE corner of said NE%SI^I\, Section 10; thence West 10 rods alongrthe South line of said NEkSWk, thence in a Northwesterly directionacross said NELSW| of Section 10 to a point on the North linethereof and 30 rods West of the NE corner thereof; thence East30 rods to the NE corner of said NEàSW} Section 10; thence SouthB0 rods to the place of beginning, there being in the land herebyconveyed, 30 acres, more or less, according to the Government SurveyAIso, the interest in the Raynard Ditch and water right connected^therewith and 10 inches or .2 of a cubic foot of water per secondof time from Rifle Creek Canon Ditch out of Priority No. B0;Also, in connection with the NEkSWk of aforesaid. Section 10, aproportionate interest in the Rifle Creek Canon Ditch and waterright therein used upon and in connection with said NEkSWk of saidSection 10.Together with any and all ditch and water rights appertaining toor used upon or in connection with all of the above describedland, including but without limitation, aII ditch and water rightsherein partially describedThe above land is subject to rights of way for road,s, ditches,pipelines, as nos¡ constructed and in use including the easementagreement with the Town of Rifle, recorded in Book 289 at pagå533 ånd the right of way agreement with the Mountain statesTelephone and Telegraph Company for a Microwave Repeater Stationas recorded in Book.361 at Page 479 in the Office of the GarfieldCounty Clerk a.nd Recorder.Subject to the reservation of an undivided one-half interest inthe oilr 9as and mineralsr ês reserved, in Document No. 255103.