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Home My WebLink About6.0 Resolution 2000-3911111111fillill 111111111111111111111111111111111 It 564632 06/07/2000 10:50A B1191 P466 M ALSDORF 1 of 3 R 0.00 D 0.00 GARFIELD COUNTY CO STATE OF COLORADO ) )ss County of Garfield ) At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Commissioners' Meeting Room, Garfield County Courthouse, in Glenwood Springs on Monday, the 5th of June A.D. 2000, there were present: John Martin , Commissioner Chairman Walt Stowe , Commissioner Larry McCown , Commissioner Don DeFord , County Attomey Mildred Alsdorf , Clerk of the Board Ed Green , County Administrator when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 2000-39 A RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE GARFIELD COUNTY SUBDIVISION REGULATIONS FOR CARL & RUTH BERNKLAU. WHEREAS, CARL & RUTH BERNKLAU have 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 a 204.33 acre tract as described in Book 286 at Page 540, as filed in the Offices of the Clerk and Recorder of Garfield County, Colorado, into four (4) tracts of approximately 2.84, 3.46, 3.75 and 194.28 acres each, with the exemption parcels more practically as follows: Lot 1 Lot 2 Lot 3 Lot 4 See Attached Exhibit A 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 1973, as amended, for the reason that the division does not warrant further subdivision review; and 6 1111111IIIIitiii 111111 564632 06/07/2000 10:50A 0I I�I �11 P467 6l 11 ALSDORFl 2 of 3 R 0.00 D 0.00 GARFIELD COUNTYCO WHEREAS, the Petitioners have 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 parcels, that there is existing ingress and egress to said parcels, 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; and NOW THEREFORE, BE IT RESOLVED that the division of the above described 204.33 acre parcel is hereby exempted from such definitions and may be conveyed in the form of the Lot "1", Lot "2", Lot "3" and Lot "4" as are more fully described above and that a copy of the instrument or instruments of conveyance when recorded shall be filed with this Resolution. Dated this 5th day of June A.D. 2000. ATTEST: C erk of the Board GARFIELD COUNTY BOARD OF CO I► : - ONERS, GARFIELD COUNTY, COL Upon motion duly made and seconded the foregoing R Martin vluuorl =as adopted b' the following vote: , Aye Walt Stowe Larry McCown , Aye , Aye STATE OF COLORADO County of Garfield )ss 1, , County Clerk and ex -officio Clerk of the Board of County Commissioners, m and for the County and State aforesaid, do hereby certify that the annexed and foregoing Resolution is truly copied from the Records of the Proceeding of the Board of County Commissioners for said Garfield County, now in my office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at Glenwood Springs, this day of , A.D. 2000. County Clerk and ex -officio Clerk of the Board of County Commissioners AN 111111 11111111111111111111 1111 MH 111 564632 06/07/2000 10:50A B1191 P468 M ALSDORF 3 of 3 R 0.00 D 0.00 GARFIELD COUNTY CO LOT 1 LEGAL DESCRIPTION A parol ^'of lond situated Northwesterly of County Rood #329 In the SE1/4 NW1/4 of Section 4, Township 7 South, Ronge 94 West of the Sixth Principal Meridian, Garfield County. Coloroda, being more particularly described os follows: Beginning at o point on the westerly right—of—woy of sold County Road Whence the Center of said Section 4, being o 2W0 aluminum cop properly mocked on o 2"e pipe. boors S 13'29'06" E 544.27 feet; Thence along sold westerly right—of—way the following Two courses: S 47-02'03" W 212.98 feet; Thence S 39'14'14" W 355,66 feet; Thence looving cold right—of—way, N 29'01'39" W 112.82 feet; Thence N 22'43'24" W 169.09 feet; Thence N 5956'40" E 88.25 feet; Thence N 40'02'15" E 88.39 feet; Thence N 28'19'09" E 259.18 feet; Thence S 54'34'42" E 300.25 feet to the POINT OF BEGINNING, containing 2.84 acres more or less. LOT 2 LEGAL DESCRIPTION A parcel of land situated Northwesterly of County Rood #329 in the 5E1/4 NW1/4 and in the SW1/4 NE1/4 of Section 4, Township 7 South, Range 94 West of the Sixth Principol Meridian, Corfield County, Colorodo, being more porticulorly described as follows: Beginning at a point on the westerly right—of—way of sold County Road Whence the Center of said Section 4, being o 2#"o aluminum cop properly marked on 0 2"o pipe, bears S 13'29'08" E 544.27 feet; Thence N 54'34'42" W 300.25 feet; Thence N 13'49'17" E 262.63 feet; Thence N 68'37'37" E 474.92 feet to a point on the Westerly right—of—woy of said county road; Thence along said westerly right—of—way the following Four courses: S 2416'40' W 175.40 feel; Thence S 30'02'15' W 97.56 feet; Thence 5 34'20'48" W 107.72 feet; Thence S 45'41'23' W 15.3.99 feet to the POINT OF BEGINNING, containing 3,46 acres more or less. LOT 3 LEGAL DESCRIPTION A parcel of land situated Northwesterly of County Road #329 in the SE1/4 NWI/4 and In the SW1/4 NE1/4 of Section 4, Township 7 South, Range 94 West of the Sixth Principal Meridian, Garfield County, Colorado. being more particularly described as follows: Beginning at the C—N 1/16 Corner of Said Section 4, being a 2"0 aluminum cap properly marked on a 5/8" re—bar, Whence the Center of said Section 4, being on aluminum cop properly marked on 2 1/2" pipe, bears S 01'02"38" W 1301.65 feet; Thence along the southerly boundary line of Parcel A, Spruce Creek Exemption the following three courses: S 01'02"36" W 7.22 feet; Thence 5 88'00'15" E 199.36 feet; Thence S 37'59'33" E 129.21 feet to a point on the westerly right—of—way of sold County Rood; Thence along said right—of—way the following two courses: S 33'30'21" W 186.28 feet; Thence S 29'04'51" W 69.14 feet; Thence leaving sold right—of—way S 88'37'37"W 474.92 feet; Thence N 1811'27" E 357.02 feet to the North line of said SE1/4 NWl/4; Thence along said North line, N 88'58'40" E 221.15 feet to the POINT OF BEGINNING, containing 3.75 acres more or less. LOT 4 LEGAL DESCRIPTION A parcel of land being the SW1/4 and the SE1/4 NW1/4 of Section 4, Township 7 South, Range 94 West of the Sixth Principal Meridian. Garfield County, Colorodo, excepting therefrom Lots 1, 2 and 3 as described hereon, County Rood #329 right—of—woy and all that part of the SE1/4 NW1/4 of sold Section 4 lying southeasterly of County Rood 029 as conveyed by Ouit Claim Deed recorded in Book 879 at page 415 of the Garfield County Records for a total remaining area of 194.28 ocres more or less.