HomeMy WebLinkAbout2.0 Resolution 79-991100ordod
3'4 AUG 2 0 1979
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BEFORE THE BOARD OF COUNTY COMMISSIONERS OF
GARFIELD COUNTY, COLORADO
RESOLUTION NO. 79-99
BOOK 533 P4E992
WHEREAS, Dan Kerst 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 35.0 acre tract described as follows: that parcel
of land as described in Document 295684 as filed in the Office of the
Clerk and Recorder of Garfield County, Colorado into 3 tracts of approximately
6.5, 6.5, and 22.0 acres each, more or less, which proposed divided tracts
are more particularly described as follows:
Tract A: A parcel of land situated in Lot 5 and that portion of
the Colorado (Grand) River Meander Lane in the E' of Section 12,
Township 6 South, Range 92 West of the Sixth Principal Meridian,
Garfield County, Colorado, lying Southerly of the Centerline of
the Southerly channel of the Colorado River, said parcel of land
is more fully described as follows:
Beginning at an iron pipe with a brass cap properly marked for
the Witness Quarter Corner for the East Quarter Corner of said
Section 12; whence the true Quarter Corner location hears:
5.00°39141" E. 132.86 feet; thence, from said Witness Corner
S.20°43'34" W. 1142.34 feet to the TRUE POINT OF BEGINNING; thence
S.81°44143" W. 238.00 feet; thence N. 00°23'12" W. 988.00 feet;
thence N. 09°43'51" W. 193.51 feet, more or less, to a point in
the centerline of said river; thence N. 80°16'09" E. 270.77 feet
along said centerline river; thence S. 00°23'12" E. 1190.33 feet
to the TRUE POINT OF BEGINNING.
The above described parcel of land contains 6.50 acres, more or less.
Tract B: A parcel of land situated in Lot 5 and that portion of
the Colorado (Grand) River Meander Lane in the E- of Section 12,
Township 6 South, Range 92 West of the Sixth Principal Meridian,
Garfield County, Colorado, lying Southerly of the Centerline of the
Southerly channel of the Colorado River, said Parcel of land is
more fully described as follows:
BOOK 533 PAr3E99
Beginning at an iron pipe with a brass cap properly marked for the
Witness Quarter Corner for the East Quarter Corner of said Section
12; whence the true Quarter Corner location bears: S. 00039'41" E.
132.86 feet; thence, from said Witness Corner S. 20°43'34" W.
1142.34 feet to the TRUE POINT OF BEGINNING; thence N. 00°23'12" W.
1190.33 feet to a point in said centerline river; thence
N. 80016'09 E. 240.44 feet along said centerline river; S. 00°23'12" E
1196.58 feet; thence S. 81°44'43" W. 239.50 feet to the TRUE POINT OF
BEGINNING.
The above described parcel of land contains 6.50 acres, more or less.
Tract C: A parcel of land situated in Lot 5, the SEgSE4 and that
portion of the Colorado (Grand) River Meander Land in the EZ all in
Section 12, Township 6 South, Range 92 West of the Sixth Principal
Meridian, also situated in Lots 9 and 10, and that portion of the
Colorado (Grand) River Meander Land in the WZ all in Section 7,
Township 6 South, Range 91 West of the Sixth Principal Meridian,
Garfield County, Colorado, lying Southerly of the centerline of the
Southerly channel of the Colorado River and Northerly of the
Northerly right-of-way line of County Road No. 335, said parcel of
land is more fully described as follows:
Beginning at an iron pipe with a brass cap properly marked for the
Witness Quarter Corner common to said Sections 7 and 12; whence
the True Quarter Corner location bears: S. 00°39'41" E. 132.86 feet;
thence, from said Witness Corner, S. 17°03'16" W. 2159.43 feet to a
point on said right-of-way line, the TRUE POINT OF BEGINNING: whence
the North Quarter Corner of said Section 7 bears: N. 35°42'20" E.
5652.48 feet; thence, from said point N. 00°23'12" W. 961.91 feet;
thence N. 81°44'43" E. 477.5 feet; thence N. 00°23'12" W. 1196.58 feet,
more or less, to a point in said centerline river; thence N. 80016'09"
E. 45.87 feet along said centerline river; thence N. 70°10'10" E.
152.55 feet along said centerline river; thence S. 19°49'50" E. 117.94
feet; thence S. 01°11'16" E. 2013.15 feet to a point on said right-of-
way line; thence S. 77°23'57" W. along said right-of-way line 746.42
feet to the TRUE POINT OF BEGINNING.
The above described parcel of land contains 22.00 acres, more or less.
Tracts "A", "B", and "C" are located in the State of Colorado and
County of Garfield; and
BOOK 533 PAGE994
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
Dick Jolley , and carried, the division of the above described
tracts "A", "B", and "C" from the above described 35.0 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 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 under-
standing and agreement of the Petitioner that no further exemptions be allowed
on said tracts "A" and "B", and that a copy of the instrument or instruments
of conveyance when recorded shall be filed with this Resolution.
Dated this 27th day of August , A.D. 1979.
ATTEST: am& La
De uty Cl" rk of the BoaJd
of Coun ' Commissioners`
Garfield County, Colorado
THE BOAR!) OF COUNTY COMMISSIONERS
OF GARFIELD COUNTY, COLORADO
By:
Chair