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263523 03/02/2012 01:44 PN B: 849 P: 840 RESOLUTN <br /> Page I of 5 R $0.00 D $0.00 T $0.00 Clear Creek <br /> III Wi1, FAI Fj r'1Ir j'l li11%,InAP, n',L L'i'mN,'I I I II <br /> R-12-017 <br /> EXEMPTION BY RESOLUTION CASE NO. EX2011-0001 <br /> CONCERNING THE DIVISION OF <br /> A PORTION OF LAND LOCATED IN THE <br /> SE 1/4, SECTION 34, T3S, R72W <br /> OF THE 6T11 P.M. <br /> COUNTY OF CLEAR CREEK, STATE OF COLORADO <br /> WHEREAS, CRS 30-28-101(10)(d) authorizes boards of county commissioners, pursuant to rules <br /> and regulations or resolution, to exempt from the definition of the terms "subdivision" and "subdivided <br /> land" any division of land if the board determines that such division is not within the purposes of CRS Title <br /> 30, Article 28, Part 1; and <br /> WHEREAS, the Clear Creek county Board of Commissioners has adopted subdivision regulations <br /> that set forth criteria for granting Exemptions by Resolution as provided in Article 15 (1504) of the Clear <br /> Creek County Subdivision Regulations which, if approved, are exempt fi-om the definition of the terms <br /> subdivision and subdivided land; and <br /> WHEREAS, Clear Creek County, as applicant, is requesting to divide the property located within the <br /> SEl/4, Section 34, T3S, R72W, 6"'P.M., commonly known as "Parcel B"of the Walstrum.Quarry Official <br /> Development Plan, Reception#215168, with an address of 140 Frei Way; and <br /> WHEREAS, the Albert R. and Mary Jane Frei Limited Partnership owns said land; and <br /> WIIEREAS, Clear Creek County, the Albert and Mary Jane Frei Irrevocable Trust and the AR &MJ <br /> Frei Limited Partnership (hereinafter referred to collectively as the Frei Interests) entered into a Contract to <br /> Buy and Sell Real Estate dated September 10, 2011 recorded with the Clear Creek County Clerk and <br /> recorder at Reception No. 262394 in Book 845, Page 77; and <br /> WHEREAS, the Albert R. Frei Limited Liability Limited Partnership, the Albert and Mary Jane Frei <br /> Irrevocable Trust, and AR&MJ Frei Limited Partnership (hereinafter referred to collectively as the Frei <br /> Interests) and Clear Creek County entered into a Contract to Buy and Sell Real Estate dated September 10, <br /> 2011 recorded with the Clear Creek County Clerk and Recorder at Reception No. 262395 in Book 845, Page <br /> 125; and <br /> WHEREAS, the terms and conditions of the Contracts to Buy and Sell Real Estate contain mutual <br /> performance obligations between the Frei Interests and Clear Creek County; and <br /> WHEREAS, Lot 1, described below, is proposed to be sold to Clear Creek County per the terms of <br /> the contracts; and <br /> WHEREAS, said property is zoned Industrial (I); and <br /> WHEREAS, on July 11, 2008, a plan amendment(Minor Plan Amendment Case #PDA2007-0001) <br /> to the Walstrurn Quarry Official Development Plan was approved that removed said property from the <br /> Walstr"Ur11 Quarry Official Development Plan; and <br /> WHEREAS, access to both proposed lots is maintained from U.S. Hwy. 6 and U.S. IIwy. 40; and <br /> Page 1 of 3 -. <br />