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HomeMy WebLinkAbout2.0 Resolution 79-90i.a. AUG 91979 Recorded at o' Reception No 2964' -'0 Mildred Alsdori, Rooerder BEFORE THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO RESOLUTION NO. 79-90 BOOK 532 P GE881 WHEREAS, Ron Fuller 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 3.87 acre tract described as follows: that parcel of land as described in Document No. 250146 as filed in the Office of the Clerk and Recorder of Garfield County, Colorado into 2 tracts of approximately 1.0 and 1.87 acres each, more or less, which proposed divided tracts are more particularly described as follows: Tract A: A tract of land situated in Lot 8, Section 1, T.7S., R.89 W. of the Sixth Principal Meridian, County of Garfield, State of Colorado, lying westerly of the easterly line of said Section 1 described as follows: Commencing at an iron pin with a brass cap marked for the East Quarter Corner of said Section 1; thence N.00°15'00" E. 30.00 feet along the Easterly line of said Section 1, to the True Point of Beginning; thence N. 88°15'00" W. 177.21 feet; thence N. 0°44'36" E. 185.00 feet; thence S. 88°15'00" E. 100.00 feet; N. 14°59'48" E. 296.97 feet to a point on the Easterly line of said Section 1; thence S. 00°15'00" W. 474.20 feet along said Easterly line to the True Point of Beginning. Said parcel contains 1.00 acre more or less. Tract B: A tract of land situated in Lot 8, Section 1, T.7S., R.89 West of the Sixth Principal Meridian, County of Garfield, State of Colorado, lying westerly of the easterly line of said Section 1 described as follows: Commencing at an iron pin with a brass cap marked for the East Quarter Corner of said Section 1; thence N.00015'00" E. 504.20 feet along Easterly line of said Section 1 to the True Point of Beginning; thence S. 14°59'48" W. 296.97 feet; thence N.88°15'00" W. 100.00 feet; thence N. 00°44'36" E. 788.80 feet; thence S. 87°06'00" E. 168.95 feet to a point on the Easterly line of BOOK 532 PAGE8u8:a said Section 1; thence S. 00°15'00" W. 496.39 feet along said Easterly line to the True Point of Beginning. Said parcel contains 2.86 acres, more or less. 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 the 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 forth in C.R.S. 1973, 30-28-101 (10) (a) -(d), as amended; NOW, THEREFORE, upon the motion of Larry Velasquez , seconded by Richard C. Jolley , and carried, the division of the above described tracts "A" and "B" from the above described 3.87 acre tract is hereby exempted from such definitions and said tract 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 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" and "8", and that a copy of the instrument or instruments of conveyance when recorded shall be filed with this Resolution. Dated this 7th day of August, A.D. 1979. THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO B -7- Chairm n ATTEST: 6 2L/ -' G Dep ty Cl rkc of the Boa' d of ount Commissioners 'Garfield County, Colorado