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HomeMy WebLinkAbout2.0 Resolution 79-91ag it AUG 91979 Recorded �. � o' 01oobC.. .. 2°159641 1 eoeption No. Mildred Alsdorf, R.00rder BEFORE THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO RESOLUTION NO. 79-91 BOOK 532 "FAGE8S3 WHEREAS, William A. Barnes 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 No. 294130 as filed in the Office of the Clerk and Recorder of Garfield County, Colorado into 3 tracts of approximately 7.0, 7.0, and 22.3 acres each, more or less, which proposed divided tracts are more particularly described as follows: Tract A: A parcel of land located in Section 7, Township 6 South, Range 91 West of the Sixth Principal Meridian, County of Garfield, State of Colorado; said parcel of land being more particularly described as follows, to wit: Beginning at a point from which the North One -Quarter Corner of said Section 7, bears N.46°00'06"E. 3536.91 feet distant; said point of beginning is also on the high water line of the Colorado River; thence W.19°26'38"W. 117.94 feet to a point on the centerline of the Colorado River; thence along said centerline N.70°33'22"E. 367.70 feet; thence departing said centerline 5.03°27'15"E. 923.23; thence S.77°47'09"W. 360.57 feet; thence N.00°48'04"lel. 764.29 feet to the point of beginning. Said parcel contains 7.00 acres, more or less. Tract B: A parcel of land located in Section 7, Township 6 South, Range 91 West of the Sixth Principal Meridian, County of Garfield, State of Colorado; said parcel of land being more particularly described as follows, to wit: Beginning at a point from which the North One -Quarter Corner of said Section 7 bears N.29°22'34"E. 5129.37 feet distant, said point of beginning is on the Northerly Right -of -Way Boundary of Garfield County Road No. 335; thence N.00°48'04"W. 776.21 feet; thence N.77°47'09"E. 382.71 feet; thence S.03°27'15"E. 764.63 feet to a BOOK 532 B'Gr 8C point on the County Road Right-of-Way Boundary Line; thence along said boundary 57.73 feet along the arc of a curve to the right with a radius of 322.48 feet, the chord of which bears S.72°39'26"W. a distance of 57.66 feet; thence continuing along said boundary S.77°47'09"W. 362.43 feet to the point of beginning. Said parcel contains 7.00, more or less. Tract C: A parcel of land located in Section 7, Township 6 South, Range 91 West of the Sixth Principal Meridian, County of Garfield, State of Colorado, said parcel of land being more particularly described as follows, to wit: Beginning at a point from which the North One-Quarter Corner of said Section 7 bears N.40°25'25"E. 2869.41 feet distant; said point of beginning being on the high water line of the Colorado River; thence S.04°39'24"E. 1729.24 feet to a point on the Northwesterly Right-of-Way Boundary of Garfield County Road No. 335; thence along said boundary line the following 2 courses: 1)S.34°41'40"W. 430.06 feet; thence 2)184.80 feet along the arc of a curve to the right, with a radius of 322.48 feet, the chord of which bears S.51°06'41"W., a distance of 182.28 feet; thence departing said boundary line N.03°27'15"W. 764.63 feet; thence S.77°47'09"W. 382.71 feet; thence N.00°48'04"W. 472.65 feet; N.77°47'09"E. 360.57 feet; thence N.03°27'15"W. 923.23 feet to a point on the Colorado River; thence along said centerline N.70°33'22"E. 367.70 feet; thence departing said centerline S.19°26'38"E. 88.59 feet to the point of beginning. Said parcel contains 22.376 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 is not large enough to proceed through 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 BOOK 532 FAGE 8 5 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", "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 7th day of August ATTEST: /1/10 -De &u�/ b7 — De uty C k/of he Boa' d of Count Commissioners Garfield County, Colorado , A.D. 1979. THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO