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HomeMy WebLinkAbout3.0 Resolution 81-45STATE OF COLORADO ss. Recorded at ,q ' o'clock bl1. BOGS, 569 PAGE 37 County of Garfield Reception No.313` 68 MILDRED ALSDORF, RECORDER At a renou1ar meeting of the Board of County Commissioners for Garficld County, Colorado, held at the Court House in Glenwood Springs on Tuesday the 17th day of February A. D. 19 81 , there were present: Flaven J. Cerise, Temporary Eugene "Jim" Drinkhouse Arthur A. Abplana1 , Jr. Cheryl J. Koss when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 81-45 , Commissioner Chairman Comrnissi ner Commissioner , County Attorney , Clerk of the Board A RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE GARFIELD COUNTY SUBDIVISION REGULATIONS FOR CARL BERNKLAU WHEREAS, Carl Bernklau has 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 January 2, 1979, Sections 2.02.21 (d) and 3.02.01 for the division of a 64 acre tract described as follows: In document #166008 filed in the Office of Clerk and Recorder of Garfield County, Colorado; into 4 tracts of approximately 2.51, 2.11 2.04 and 5.16 acres each, more or less, which proposed divided tracts are more particularly described as follows: Tract A: A'parcel of land situated in the NW of Sec. 33, T.6S, R.94 W of the Sixth Principal Meridian, Garfield County, Colorado, more par- ticularly described as follows: Beginning at the Northwest Corner of said Section 33; thence S. 22° 29'35" E. 1988.31 feet to the True Point of Beginning, said point on the ceritcr1inz ^f C - Road 8109: thence S. 67°19'1R" E. 760.1i9 feet to a fence as constructed and in place; thence along said fence S. 06°22'46" E. 87.41 feet to a fence intersection; thence S. 80°40'17" W. 73.79 feet along a fence as constructed and in place; thence N. 70° 24'48" W. 186.59 feet along a fence as constructed and in place; thence N. 68°52'38" W. 431.80 feet along a fence as contructed and in place; thence leaving said fence N. 07°15'53" W. 139.58 feet; thence N. 51° 41'49" W. 30.44 feet; thence N. 27°35'41" W. 36.42 feet to a point on the centerline of County Road #309 as contructed and in place; thence N/ 22°40'12" W. 16.97 feet along the centerline of said road to the Ture Point of Beginning, containing 2.51 acres, more or less, subject to easements of record, and subject to County Road #309. Tract B: A parcel of land situated in fhe NWi of Sec.33, T.6S, R.94.W of the Sixth Principal Meridian, Garfield County, Colorado, more particu- larly described as follows: Beginning at the Northwest Corner of said Sec. 33; thence S. 34°16'20" W. 2088.08 feet to the True Point of Beginning; thence S. 89°44'58".E. 260.00 feet to a fence as constructed and in place; thence along said fence S. 02°07'16" E. 248.36 feet; thence along said fence S. 06°22'47" E. 156.27 feet, thence leaving said fence N. 67°19'48" W. 310.55 feet; thence due North 284.94 feet to the True Point of Beginning, containing 2.11 acres, more or less, subject to easements of record. Tract C: A parcel of land situated in the Nierof Sec.33, T.6S. R.94 W, of the Sixth Principal Meridian, Garfield County, Colorado, more particu- larly described as follows: Beginning at the Northwest Corner of said Sec. 33: thence S. 22°29'35" E. 1988.31 feet to the True Point of Beginning, said point on the Centerline of County Road ##309 as contructed and in place: thence N. 2.2°40'12" E. 208.71 feet along the centerline of said County Road 4309: thence leaving said county road S. 67"19'48" E. 208.71 feet: thence S. 89°44'58" R. 142.15 feet; thence due Sot'th 284.94 feet; thence N. 67°19'48" W. 449.94 feet to the True Point of Beginning, containing 2.04 acres, more or less, subject to easements of record, and subject to County Raod 41309. •i3UUX 569 PAGE 38 Tract D: A parcel of land situated in the WY, of Sec.33, T.6S., R.94. W. of the Sixth Principal Meridian, Garfield County, Colorado, more particularly described as follows: Beginning at• the Northwest Corner of said Sec.33: thence S. 01°47'17" E. 1912.07 feet to the True Point of Beginning, said point on the center- line of County Road #309 as constructed and in place; thence N. 89°41'35" E. 367.26 feet along the centerline of said County Road; thence leaving said county road S. 15°53'16" W. 858.63 feet; thence S. 07°52'44" W. 179.64 feet to a fence as contructed and in place; thence West 102.75 feet along said fence to a fence intersection; thence N. 00°16'35" ti]. 1001.82 feet along a fence as contructed and in place to the True Point of Beginning, containing 5.16 acres, more or less, subject to easements of record, and subject to County Road #309. (in the State of Colorado and County of Garfield): and WHEREAS, the Petitioner has demonstrated to the satisfaction of the Board of County Commissioners of Gafield 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 impact created does not warrant a full subdivision review, and WHEREAS, the Petitioner has 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 tracts, that there is adequate ingress and egress to said tracts, 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 forth in C:R.S. 1973, 30-28-101 (10) (a) -(d),' as amended; NOW, THEREFORE, BE IT RESOLVED that the division of the above described tracts "A", "B" , "C", and "D", from the above described 64 acre tract is hereby exempted from the above described 64 acre tract is hereby exempted from such definitions and said tract may be divided into tracts "A", "B", "C", and "D", all as is more fully described above, and said divided tract may be conveyed in the form of such smaller tracts without further compliance with the aforesaid subdivision statutes and regula- tions; provided, however, that this exemption is granted on the condition and with the express understanding and agreement of the Petitioner that no further exemptions be allowed on said tracts "A", "B", "C", and "D", and that a copy of the instrument or instruments of conveyance when recorded shall be filed with this Resolution. ATTEST; � ..- > , <''�� /1 r -J a Deputy Clerk of/the Board of County CommIs"sioenrs Garfield County, Colorado THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO Chairma Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: ElaY.cn...J......Crise Aye Fuge i "Jim" atin ih.Q . Aye Aye Commissioners STATE OF COLORADO County of Garfield 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 Order is truly copied from the Records of the Proceedings of thy. 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.