HomeMy WebLinkAbout1.0 ApplicationBEFORE THE BOARD OF COUN TY
GARFIELD COUNTY , COLORADO
PETITION FOR EXEMPTION
Pursuant to C.R.S. (1973) Section 30-28-lOl(lO)(a) -(d) as amended,
and the Subdivision Regulations of Garfield County, Colorado, adopted
Septembe r 1, 1972 and amended April 14 , 1975, Sections 1 .02.17(d) and
3.02.01, the undersigned L ' l\L Hv )\hd A u UtJj ,t.JEJ)NkLJU
respectfully petitions the Board of Co un ty Commissioners of Garfield
County, Colorado, to exempt by resolut ion .53 -{._. 7 r -Y 7 -177' -35 · (;; 7;£
3~,l ~Ci '
more fully hereinafter described, from the definitions of 11 subdivision"
and "subd i vi sion l an d" as the terms ar e use d and defined in C.R.S. (1973)
Section 30-28 -lOl (a) -(d) and the Gar f ield County Subdivision Regulations,
for the reasons stated below:
s ~1bm itte d at Gl enwo od Springs, Co l orad o, this b day --=----
of ---~~}!__:::;:__ ____ , 19 7 y
Petition~~
No. 34
Doc.#15-1183
Carl H. Bernklau and
Dorathea .Bernklau,
and
Parties of the first
part
The Board of Education of School
District No. 40 of Garfield County,
Colorado, and their successors in
office
By:
Wm. E. Sivigert, President
Attest: Ed T. Bernklau, Secretary,
Party of the Second Part
....___ --------... ---·-·-
AGREEMENT
Dated May 2, 1945
Acknowledged May 2, 1945 by
Carl H. Bernklau and Dorathea
Bernklau before Vida M. Rees,
Notary Public, Garfield County,
Colorado
Acknowledged May 2, 19-15 by
Wm. E. Swigert as Pi:esident and
Ed T. Bernklau as Secretary of
the Board of Education of School
District No. 40 of Garfield County,
Colorado, before Vida M. Rees,
Notary Public, Garfield County, Col .
Recites that the parties of the first part are the owners of a certain
land, together with theSWiNW:i-ofSection 33, Tp. 6 S., R. 94 W., 6th P. M.
The oWl.ers of this land and their predecessors in interest by Warranty Deed
dated April 16, 1914 and recorded in book 9 3 at page 314 of the records in
GarfieldCounty Recorder's Office, transferred and conveyed to the parties
of the first part, one acre out of the above described land, and in and by said
deed the parties agree that if the land should cease for the period of two (2)
years at any one time to be used for school purpc:ses it should revert to and
become the property of the owners of the hereinabove described land. And
WHEREAS, the parties hereto wish to change the agreement with
respect to the reversion clause in said deed and it is their desire to reduce
said agreement to writing.
NOW, THEREFORE, in consideration of the mutual promises of the
parties hereto it is agreed by and between said parties that the party of the
second part is the owner of the following described real property in Garfield
County, Colorado, to-wit:
Beginning at the southwest corner of corner numbered One (1) from
whence the south west corner of the southwest quarter of the. northwest of
Sec. 33, Tp. 6 S. , R. 94 W., 6th P. M., bears south 850 feet, more or less,
and west 709 feet, more or less, thence in a southeasterly direction 209
feet following along the conr se of the north line of the County rad as laid out
and established, thence at right angles to said last mentioned course in a
northeasterly direction 209 feet; thence at right angles to said last mentioned
course and in a northwesterly direction 209 feet; thence at right angles to
said last mentioned course and in a southwesterly direction 209 feet to corner
numbered one or the place of beginning, containing one acre, more or less, th
intention in this instrument being to convey an acre in a square form where
the school building now stands upon said SWiNWi of said Section 33, Tp. 6 S.,
R. 94 W., 6th P.M.
FURTHER AGREED That if at any time the voters of School District
No. 40 of Garfield County, Colorado, should vote to no longer maintain a
school on said land or to abandon the school, that said land should then revert
to and become the property of the parties of the first part, their heirs,
grantees and assigns; or in the event said School District shall not use said
land for school purposes and maintain a school thereon for a period of five