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Home My WebLink About4.0 Resolution 96-78• • • 502204 B-1002 P-922 12/11/1996 12:35P PG 1 OF 4 REC DOC NOT MILDRED ALSDORF GARFIETT) COUNTY CLERK AND RECORDER 0.00 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 Monoday , the 9th of December A.D. 19 96 , there were present: Marian I. Smith Arnold L. Macklev Elmer (Buckev) Arbanev Don DeFord Mildred Alsdorf Chuck Deschenes , Commissioner Chairman , Commissioner , Commissioner , County Attorney , Clerk of the Board , County Administrator when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 96-78 A RESOLUTION CONCERN -ED WITH GRANTING AN EXEMPTION FROM THE GARFIELD COUNTY SUBDIVISION REGULATIONS FOR JOI�i i W. BERSHENYI. WHEREAS, JOHN W. BERSHENYI 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.RS. 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 206.95 acre tract as described in Book 593 at Page 263 and Book 946 at Page 139, as filed in the Offices of the Clerk and Recorder of Garfield County, Colorado, into four (4) tracts of approximately 2.593, 2.614, 2.893 and 198.850 acres each, with the exemption parcels more practically as follows: Ranch Parcel Parcel A Parcel B Parcel C 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 WARE AS, 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, Tide 30, Colorado Revised Statutes 1973, as amended, for the reason that the division does not warrant further subdivision review; and 502204 B-1002 P-923 12/14101996 12:35P PG 2 OF 4 • 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 206.95 acre parcel is hereby exempted from such definitions and may be conveyed in the form of the "Ranch Parcel", Parcel "A", Parcel 'B" and Parcel "C" 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 i nrhday of Tlar-PmhPr AT IEST: Clerk of tht Board , A.D. 19 96 . GARFIELD COUNTY BOARD OF COMIvHSSIONERS, GARFIELD COUNTY, COLORADO ,h,ae Chairman Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: COMMISSIONER CHAIRMAN MARIAN I. SMITH COMMISSIONER ARNOLD L. MACKLEY COMMISSIOER ELMER (BUCKEY) ARBANEY STA IE OF COLORADO )ss County of Garfield , Aye , Aye , Aye I, , County Clerk and ex -officio Clerk of the Board of County Commissioners, in 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. 19 . County Clerk and ex -officio Clerk of the Board of County Commissioners • • 502204 B-1002 P-924 12/11/1996 12:35P PG 3 OF 4 PROPERTY DESCRIPTION PARCEL A A PARCEL OF LAND SITUATED IN THE E1/2S'W1/4 OF SECTION 34, TOWNSHIP 6 SOUTH, RANGE 89 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO; SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOW: COMMENCING A7 THE SOUTH QUARTER CORNER OF SECTION 34, A GARFIELD COUNTY SURVEYOR BRASS CAP IN PLACE; THENCE N 11'09'40" W 1996.18 FEET TO THE NORTHWEST CORNER OF THAT PROPERTY DESCRIBED IN RECEPTION NO. 414065 OF THE GARFIELD COUNTY CLERK AND RECORDER'S OFFICE, THE TRUE POINT OF BEGINNING; THENCE N 87'51'08" W 199.92 FEET; THENCE N 16'50'08" E 476.96 FEET TO A POLE IN PLACE; THENCE S 84'53'40" E 106.99 FEET; THENCE S 40'57'35' E 123.69 FEET TO A POINT ON THE WESTERLY RIGHT -QF -WAY OF GARFIE'D COUNTY ROAD NO. 117; THENCE S 09'19'22" E ALONG SAIL WESTERLY RIGHT -CF -WAY 51.22 FEET; THENCE CONTINUING ALONG SAIL WESTERLY RIGHT-OF-WAY ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 6515.82 FEET AND A CENTRAL ANGLE OF 02'50'42", A DISTANCE OF 323.55 FEET (CHORD BEARS S 10'44'44" E 323.52 FEET) TO A PAINT CN THE NCRTHERLY LINE OF THAT PROPERTY DESCRIBED IN SAID RECEPTION NO. 414065; THENCE LEAVING SAID WESTERLY RIGHT-OF-WAY N 57'51'08" w ALONG SAID NORTHERLY LINE 194.75 FEET 70 THE TRUE POINT OF BEGINNING; PARC CONTAINING 2.893 ACRES, MORE OR LESS. SAID THE ABOVE DESCRIBED PARCEL IS SUBJECT TO ANC TOGETHER WITH A 30.00 FOOT WIDE INGRESS, -? AS SHOWN ON THE BERSHENYI X'EE TIONY ACCESS ANC UTILITY EASEMENT, EXEMFTi PROPERTY DESCRIPTION PARCEL B A PARCE' OF LAND SITUATED IN THE Ei 2 6 SOUTH RANGE 69 WEST OF � S1�Y1 � 4 CF SGC_ i CN 34 TOWNSHIP S ,- , _CF ETHE SIXTH PRINCIPAL ��IER 1 0 I AN , COUNTY OF GARFIELD, STA;E COLORADO; SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS J FOLLOW: CCMMENC ; NG\ A7 HE SOUTH CUARTE.R CORNER OF SECT ; ON 34, .A GARFIELD COUNTY SUR✓E"OR 3PASS CAP IN PLACE; THENCE N 15'75'25' W 1525.58 FEET TO A POINT ON WESTERLY LINE OF THAT PROPERTY DESCRIBED IN RECEPTION NO. 338378 CF` THE GARFIELD COUNTY CLERK AND RECORDER'S OFFICE THE TRUE POINT OF BEGINNING; BEG I NN I V G; THENCE LEAVING SAID WESTERLYLINE N 87'51'38" W 255.55 -EE_ THENCE N 11'43 -'8" E502.92F--T; THENCE S 57'51'08" 5 799.92 FEET 7O THE NORTHWEST CORNER OF THAT PROPERTY DESCRIBED IN RECEPTION NO. 414055 OF THE GARFIELD COUNTY CLERK AND RECORDER'S OFFICE; THE `NESr_P�_" VE OF 7 -AT Pc r Cc ^ DTHENCE S D57277'.19" W ALONG CPERTY ESCRIBE. N SA D PE P7 4'4065 ANC 7HE `NES -_RL Nc., OF THAT PPC.PEP ..I IAN NC. RE_EPTION NO. 3D5,-.73 1 EE7 =SCR FcS IN SAID SAID PARCL_ CONTAININ �2. CRE 0 HE _C NT OF BEGINNING, G _.�.., ACRES. MCP.E CR _SS. THE ABODE DESCRIBED PARCEL IS SUBJECT 70 ANC TOGETHER WITH A 30.00 FOOT WIDE INGRESS, EGRESS, EMERGENCY ACCESS ANC UTILITY EASEMENT, AS SHOWN ON THE 3ERSHENYI EXEMPTION. 502204 B-1002 P-925 12/ " 1996 12:35P PG 4 OF 4 PROPERTY DESCRIPTION PARCEL C • A PARCEL OF LAND SITUATED IN THE E1/2SW1/4 OF SECTION 34, TOWNSHIP 6 SOUTH, RANGE 89 WEST OF THE SIXTH PRINCI?AL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO; SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOW: COMMENCING AT THE SOUTH QUARTER CORNER OF SECTION 34, A GARFIELD COUNTY SURVEYOR BRASS CAP IN PLACE; THENCE N 16'28'26" W 1526.58 FEET TO A POINT ON WESTERLY LINE OF THAT PROPERTY DESCRIBED IN RECEPTION NO. 338378 OF THE GARFIELD COUNTY CLERK AND RECORDER'S OFFICE, THE TRUE POINT OF BEGINNING; THENCE S 05'22'19" W ALONG SAID WESTERLY LINE 187.47 FEET; THENCE CONTINUING ALONG SAID WESTERLY LINE AND THE WESTERLY LINE OF THAT PROPERTY DESCRIBED IN RECEPTION NO. 481764 OF THE GARFIELD COUNTY CLERK AND RECORDER'S OFFICE S 10'10'29" E 252.17 FEET; THENCE CONTINUING ALONG THE WESTERLY LINE OF THAT PROPERTY DESCRIBED IN SAID RECEPTION NO. 481764 S 14.38'35" E 115.28 FEET; THENCE CONTINUING ALONG SAID WESTERLY LINE N 89'04'28" W 124.73 FEET 70 A POINT IN 4—MILE CREEK; THENCE N 11'02'54" E ALONG SAID CENTERLINE 51.05 FEET; THENCE CONTINUING ALONG SAID CENTERLINE N 43'23'03" W 191.83 FEET; THENCE LEAVING SAID CENTERLINE N 25'56'46" W 179.72 FEET; THENCE N 03'52'09" E 203.29 FEET; THENCE S 87'51'08" E 255.65 FEET TO THE TRUE POINT OF BEGINNING; SAID PARCEL CONTAINING 2.614 ACRES, MORE OR LESS. THE ABOVE DESCRIBED PARCEL IS SUBJECT 70 AND TOGETHER WITH A 30.00 FOOT WIDE INGRESS, EGRESS, EMERGENCY ACCESS AND UTILITY EASEMENT, AS SHOWN ON THE 3EPSHENYI EXEMPTION. Ranch Parcel X11 of that property described in Book 593 at Page 263 and Book 946 at Page 139 -in the records of the Garfield County Clerk and Recorder, less Parcels A, B, and C, described previously.