HomeMy WebLinkAbout1.0 ResolutionRESOTUTION
wllEREAS, OLI\IE II. IIEUSCHKEL has petitioned the Board of county conmlssioners
of Garfield County, Colorado for an exemption under CRS 106-2-33 (3) (d) (1963
as.amended), said exemption being for a division of the landsrnow olrned by the
said Olive M.. Heuschkel, in Section 5, Township 6 South, Range 91 West, so that
the follolllng described parcel may hereafter be and become a seParate and distinct
A tract of land situated in Lot 9 of Section 1, Township
7.South, Range 89 West of the 5th Principal I'leridian, Garfield
County, Colorado, bounded on the West by the Westerly L1ne of said
tot 2, on the North and East by the Southerly line of a County
road as constructed and in place (o1d state Highway No' 82) and on
the south by a deep gulch, said tract being more sPecifically
described as foLlows:
?^t*,3
L"1Fu
Beglnning at a point on the Westerly f.ioe of said tot,9
whence the Northwest corner of said Lot 9 bears N. 00"381. I,I.
729.35 feet; thence N. 00038' W. 507,.00 feet along said,Lot'line
to a point on the Southerly line of said County road; thence S.
56o30t30tt E. 308.36 feet along said County road; t'hence S. 54"23'47u
E. 329.23 feet along said County road to a point in the center of
sald gulch; thence S.87"40r W.38.99 feet along the center of said
gulchl thence N. 64o30t E. 180.00 feet along sald gulch;,thence N.
73o23t24't w. L05.62 feet aLong sald gulch; thence N. 77o19r18tt I'1.
L38.36 feet along said gulch; thence S. 16"09t40'r w.293.20 feet
along said gulch to a point on the WesterLy line of said Lot 9,
the point of beginning.
Atso a parceL of Land situated in Lot L0 of Section L,
Township 7 south, Range 89 west of the 6th Principal Meridian,
lying Easterly of the center of the Roaring Fork Rlver an{ I,Iesterly
of the Easterly f.ine of said Lot L0, said parcel of Land being
described as follows:
Beginning at a point on the Easterly line of said Lot 10
whence an iron post with a brass cap found in place and properly
marked for the Northeast corner of sald tot 10 bears: N. 00o38'00tr
W. 545.57 feet; thence S. 0Oo38r0O'' E. 183.78 feet along the Easterly
line of said tot L0; thence S. 71"3L'07't Uest 165.59 feet to a
point in the center of said river; thence N. L7o45'31" West 83.L1
feet along the cent,er of said river; thence N. 48o56t30t'E.239.20
feet, to a point on the Easterly f.ine of sald lot 10, the point of
beginning.
The above described parcels of land, together, contain a total
of,2.O32 acres, more or Less.
I{I{EREAS, the aforesaid petitioner is requesting a dlvision as aforesaid of
her land for the purpose of conveying said 2.032 acres, more or 1ess, to Norman
Blstand and Grace A. Histand, it being requested in the petition that the under-
slgaed petltioner grant to the said Norman llistand and Grace A. Ilistand the right
to transfer, in the future, if necessary, said 2.032 acre Parcel as a separate
and distinct parcel from other tands adJacent thereto now owned by Norman lllstand
and Grace A. Histand; and
WHEREAS, the aforesaid petitioner has presented evidence to the Board
deuonstrating with reasonable certainty that water is availabLe on the described
parcel; that prelurinary approval of the Cornty llealth Department for the location
of a septic system on the descrlbed 2.032 acre parcel has been-given; that adeguate
road access exists; and that petitioner has agreed to se1l and convey said 2.032 acres
described as aforesaid to Norman Histand and Grace A. Ilistand; and
I{HEREAS, the Board is convinced that the division and conveyance of.the descrlbed
parcel for which an exemption is hereby eought is not within the purposes and lntent
of CRS 106-2-1, et seq. (1963 as amended), and should be exempted from the definition
of the terms "subdivisiontr and 'rsubdivided Land't as set forth in CRS LO6-2-33 (3) (d)
(1963 as amended).
NO{, TIIEBEI'ORE, upon motion ot E, L; to S b y' , seconded by
),
'/ , and unanimousr, "rr.tffi land referred to
in the Petitlon, and above described, is exempted from such definitlons, and transfer
of said tract of land may be made by the Petitioner to the said Norman Histand and
Grace A. Histand, hereby allowing the said Norrnan Histaad aDd G1ace A. Hlstand to
transfer, in the future, said 2i032 acres, more or less, in one complete parceL,
and as a sepdrate and dlstinct parcel from the remaining and adjacent lands now blrned
by the said Norman lllstand and Grace A. Histand.
Dated thi:s flt;Tnday of Say, L974.
of Garfield CounEy,
Colorado.
It
I