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Home My WebLink About5.0 Resolution 97-52: ) , *r-t,*t: ?6"=''aa ) )ss ) STATE OF COLORADO County of Garfield Ata reorr I ar meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Commissioners' Meeting Room, Garfield County Courthouse, in A.D. t9 e7Mondav, ft1s 9th 6f JuneGlenwood Springs on , there were present: Marian I. Smith , Commissioner Chairman Larrv McCown Commissioner , Commissioner I)on T)eFord County Attorney Mildred Alsdorf , Clerk of the Board Chuck Deschenes , County Administrator when the following proceedings, among others were had and done, to-wit: RESOLUTION NO 97 -52 A RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE GARFIELD COUNTY SIIBDIVISION REGULATIONS FOR CARL AND NORA BERNKLAU. WHEREAS, CARL AND NORA BERNKLAU 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 April 23, 1984, Section 8:00 through 8:60 and for the division of a237 .83 acre tract as described in Book 300 at Page 480, as filed in the Offices of the Clerk and Recorder of Garfield County, Colorado, into three (3) tracts of approximately 2.03,7.75 and 228.05 acres each, with the exemption parcels more practically as follows: Parcel A Parcel B Remaining Parcel See Attached Exhibit A See Attached Exhibit A See Attached Exhibit A (in the State of Colorado and the County of Garfield); and WHEREAS, the Petitioners have 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 L973, as amended, for the reason that the division does not warrant further subdivision review; and rIllililil llffilllil lilll lllll lllillll lllll lllllll 509357 06/10/1997 01:13P BtO2l ?7O3 447 1 of 3 R O.OO D O.OO N O.Oo GRRFIELD CLERK ?_ne/v o WHEREAS, the Petitioners have demonstrated to the satisfaction of the Board of CountyCommissioners of Garfield county, colorado, that there is a reasonable probability of locating domesticwater on each of said parcels, that there is existing ingress and egress to said parcels, that the locationof septic tanks will be permitted by the colorado oepaiment of Health, that the requested division is notpart of an existing or larger development and does not fall within the generaipurposes and intent of theSubdivision Regulations of the State of Colorado and the County of G-arfield,^and should, therefore, beexempted 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; and Now THEREFORE, BE IT RESOLVED that the division of the above described 237.g3 ai'xeparcel is hereby exempted from such definitions and may be conveyed in the form of the parcel ,,A, Parcel "B" and Remaining Parcel, as are more fully desciibed above and that a copy of the instrumentor instruments of conveyance when recorded shal te filed with this Resolution. Dated this qrh day of June , A.D. lg 97 ATTEST: i\ ?,*-tt 4JM. o )GARFIELD COUNTY COMMISSIONERS, COUNTY, COLORADO BOARD OF GARFIELD of the'Board ..(-'\ '''''. \\" i,Upon motion duly Chairman made and seconded the foregoing Resolution was adopted by the followingvote IR ISSIONER JOHN F. MARTIN COMMISSIONER LA RRY L. MC COWN IAN . SMTTH COMM Aye Aye Aye STATE OF COLORADO County of Garfield I,County Clerk and ex-officio Clerk of the Board ofCounty Commissioners, in and for the County and State aforesaid, do hereby certi$ that the annexed andforegoing Resolution is truly copied from the Records of the Proceeding of the Board of CountyCommissioners for said Garfield County, now in my office ) )ss ) IN WITNESS WHEREOF, Glenwood Springs, this _ day I have hereunto set my hand and affixed the seal of said County, atofA.D. 19_. county clerk and ex-officio Clerk of the Board of county commissioners t{uf u,!;I||rHhqu|lljlH:ltuLlqt]l'', ./t /E CR A porcel of lond described in Book 3OO, Poge 430 of the Gorfield County Recordsos -being lhe S1/2 SE1/+ of Section J3; Lots 2, 3, 4 ond the SW1/4 NW1/+of Section 4 ond the NEl/4 SE1/4 of Section 5, oll in Township 7 South,'Ronge 94 Westof the Sixth Principol Meridion, Gorfield County, Colorodo; together with the property conveyed by Quit Cloim Deed recorded in Book 879, Poqe 41 6 ofthe Gorfield_County records ond being All thot port of the SW/a Nil/4 ond of l5t t ofSection 4, _Township 7 South, Ronge 94 West of the Sixth Principol Meridion lyr'ng Northwesterlyof Couniy Rood J2g; contoining 292.61 ocres more or less. Exceptlng the following: Porcel A ond Porcel B described hereon ond the property conveyed- by Quit Cloim Deed recorded in Book 897 ot poge 415 of the Gorfield Coulty records, being oll thot poit of Lot 2 onO of tne 181/! NW1/4 of Section 4, Township 7 Sbuth, Ronge 94 West of the SixthPrincipol Meridion, lying southeosterly of county Rooa szg, together with theproperty conveyed by the Deed recorded in Book 562, Foqe 722 of lheGorfield loynty records ond being t-he Sil/a Sl/+ of Seition JJ, Township 7 South,Ronge 9r'. West of the Sixth Printipcl Meridion, Gorfietd County, Colorodo;Totol oreo of exceptioriS: 5a.59 <jcies'nicire or less. Totol oreo of remoining porcel is 228.05 ocres more or less. PltF,LALE L DESCRTP T{CI\f A porcel of lond situoted in Lot 2 ond the SW1 /4 NE1 /+ of Section 4, Township 7 South, Ronge 94 West of the Sixth'principol Meridion, Gorfield county, colorodo, being more porticulorly cescribed os follows: Beginning of o point on the centerline of ond existing rood, whence theNorth Quorter corner of soid Section 4, bein.g on oluminum cop properlymorked on 9 2 1/2" pipe, beors N 13'4Z"ZB" W 769.59 feet; Thence otongsoid centerline the following seven courses: S J6'C2'06" E 60.5J feet;Thence S 40'46'21" E 62.25 feel; Thence S 64'1 4'50" E 51.6J feet;Thence S 78'55'04" E 1O't.22 feet; Thence S 80'59'27" E ?74.A7 feet;Thence S 64'j0'54" E 77.55 feet; Thence S 46'47'5g" E 75.47 feetinlersecting o line porollel to ond 30 feet Northwesterly of the centerline :f j:ylLu.Food ll32X: Thence olong soid poroitr:i tine the foitowing five coursesS 29'56'54"w 119.55 feet; Thence S 34'59'49" W '148.94 feet:Thence S 52'59'2'l " W g2.J6 feet; Thence S 68.44'22" W 2.77.1t feet;Thence S 58'02'17" W 89.81 feet; Thence leoving soid porollel line,N J7'59'13" W 129.21 feet; Thence N S8'OO'15" W 199.:6 teet ilt:l:l:lle- the West tine of soid SW1/4 N!/a; Thence oicng soid West tine,N 01 '02'38" E 19.56 feet to the SW corner of soid Lot l; liun.. otong thewest line of soid Lot 2, N 01 '02'38" E 259.56 feet; Thence teoving soic ,vVest line, N +1'22'25" E 193.06 feet: Thence N 26'40'12" E 181.77 feei to thePOINT OF BEGINNING, contoining 7.75 ocres more or less. DAD2 -?:)-t ts CEL B LEGAL B g,SCJ?TP T{CIV A porcel of lond situoted in Lot 2, Section 4, Township 7 South,Ronge 94 West of the Sixth Principol Meridion, Gorfield County,Colorodo, being more porticulorly described os follows: Beginning ot o point on the west line of soid Lot 2 whence the NorthQuorter Corner of soid Section 4,. be_ing on oluminum cop properly morked 9! o 2 1/2" pipe, beors N Ol'O2"JB" t tgl.Zl feet; Thence'SZ5.SZ'OZ,;g231.04 feet; Thence S 52I4'37" E 1JO.6J feet intersecting thecenterline of on existing r-ood; rhence olong soid centerline the followingthree courses: S 21 '09'J3" W 76.59 feet; Thence S ,13'35'OO" W l61.lg feet; Thence S 12'lg'2J" !,/ 92.J5 feet;Thence leoving soid centerline N 64'4J'19" W 126.0r. feet;Thence N 1J'19'02" 8 J2.'tJ feet; Thence N gj.SJ'.ls" W 6g.7J feet to opoint on the West line of soid Lot 2; Thence olong soid West line,N01'02'38" E Jt9.9O feet to the pOtNT OF BEGTN(|NC, conlttntng2.03 ocres more or less. 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